Mirror Disk, LLC makes information and products available on this web site, subject to the following terms and conditions. By accessing this site, you agree to these terms and conditions. Mirror Disk, LLC reserves the right to change these terms and conditions, and the products, services, prices, and programs mentioned in this site at any time, at its sole discretion, without notice. Mirror Disk, LLC reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.
USE OF SOFTWARE
The software and accompanying documentation available to download from this site are the copyrighted work of MIRROR DISK, LLC, AND OR SYMANTEC. Use of the software is governed by the terms of the end user license agreement, which accompanies such software. If no license accompanies the download, the terms of the license which accompanied the original product being updated will govern. You will not be able to use, download, or install any software unless you agree to the terms of such end user license agreement.
USE OF WEBSITE INFORMATION
Except as otherwise indicated on this site, you may view, print, copy, and distribute documents on this site subject to the following terms and conditions: The document may be used solely for informational, personal, non-commercial purposes. Any copy of the document or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original. The document may not be modified in any way, and reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from MIRROR DISK, LLC. Documents specified above do not include the layout or design of this web site. Elements of this site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part.
Documents specified above do not include logos, graphics, sounds or images on this web site, which may be reproduced or distributed only when expressly permitted by MIRROR DISK, LLC.
WARRANTIES and DISCLAIMERS; LIABILITY LIMITATIONS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND MIRRO DISK, LLC, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
MIRROR DISK, LLC ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.
IN NO EVENT SHALL MIRROR DISK, LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT MIRROR DISK, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, MIRROR DISK, LLC MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
PRODUCTS AND SERVICES AVAILABILITY
This web site can be accessed from countries around the world and may contain references to MIRROR DISK, LLC services, programs, and products that have not been announced in your country. These references do not imply that MIRROR DISK, LLC intends to announce such services, programs, or products in your country.
SUBMISSIONS
With the exception of credit card numbers for the purchase of products and services, MIRROR DISK, LLC does not want to receive confidential or proprietary information through its web site. Any information sent to MIRROR DISK, LLC, with the exception of credit card numbers, will be deemed NOT CONFIDENTIAL. You grant MIRROR DISK, LLC an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit, and distribute any information you send MIRROR DISK, LLC, for any and all commercial and non-commercial purposes. You also agree that MIRROR DISK, LLC is free to use any ideas, concepts, or techniques that you send MIRROR DISK, LLC for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques. MIRROR DISK, LLC may, but is not obligated to, review or monitor areas on its site where users may transmit or post communications, including bulletin boards, chat rooms, and user forums. MIRROR DISK, LLC is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms, and user forums. You are prohibited from posting or transmitting to or from this web site any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, MIRROR DISK, LLC will have no liability related to the content of any such communications.
DOWNLOADS AND SOFTWARE
If you elect to download the Agent software of MIRROR DISK, LLC online backup, our software registration form requires users to provide contact information such as name, email address, mailing address and phone number. The application may ask for unique identifiers such as your password and data encryption key. Further, if you elect to subscribe to our monthly service, the software registration requires you to give us financial information such as your credit card numbers.
We use customer contact information from the registration form to send the user information about our company. The customer's contact information is also used to initiate direct contact when such contact is deemed necessary. This contact is directly related to the operation or support of MIRROR DISK, LLC online backup product. Financial information that is collected is used to bill the user for products and services. Unique identifiers may be escrowed in encrypted form to allow customer support to troubleshoot MIRROR DISK, LLC online backup operation. This information is not shared with any companies or individuals other than MIRROR DISK, LLC personnel and its authorized resellers. MIRROR DISK, LLC, freely distributes its software products. Some versions of the software are distributed through authorized resellers of its Agent software. These resellers have a customized version of the Agent software with their unique tracking code embedded. Authorized resellers have access to the customers who registered with their version through secure access between the reseller and MIRROR DISK, LLC. The information resellers can view is limited to name, address, phone number and email address. All unique identifiers and financial information cannot be viewed by anyone other than MIRROW DISK, LLC personnel. MIRROR DISK, LLC personnel only view such information for the purposes of billing or upon request of the customer. Customers who obtain MIRROR DISK, LLC products through an authorized reseller may be contacted directly by that reseller via email, telephone or address.
COMMUNICATION
MIRROR DISK, LLC sends email to customers who use their software. This email is used for customer awareness and internal marketing. The email is mainly used for welcome letters, instruction letters, billing, receipts, monthly status reports, and cancellation letters.
CONTACT INFORMATION
This site gives users the following options for removing and updating their information in the database. You can send email to info@mirrordisk.com. This site gives users the following options for changing and modifying information previously provided. You can send email to info@mirrordisk.com. If you have any questions about the privacy statement, the practices of this site, or your dealings with this Web site, you can send email to info@mirrordisk.com;
Or you can contact us at:
Mirror Disk, LLC
14500 Martin Drive, Suite 1000
Eden Prairie, MN 55344
LINKING TO MIRROR DISK, LLC'S WEBSITE
MIRROR DISK, LLC permits anyone to link to the web site subject to the linker's compliance with the following terms and conditions:
A site that links to MIRROR DISK, LLC's web site:
May link to, but not replicate, content contained in MIRROR DISK, LLC's site;
Must not create a border environment or browser around content contained in MIRROR DISK, LLC's site;
Must not present misleading or false information about MIRROR DISK, LLC's services or products;
Must not misrepresent MIRROR DISK, LLC's relationship with the linker;
Must not imply that MIRROR DISK, LLC is endorsing or sponsoring the linker or the linker's services or products; Must not use MIRROR DISK, LLC's logos or trade dress without prior written permission from MIRROR DISK, LLC; Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages; Must not contain materials that would violate any laws;
Must agree that the link may be removed at any time upon MIRROR DISK, LLC's request pursuant to MIRROR DISK, LLC's reserved rights to rescind its consent to allow the link.
THIRD PARTY WEB SITES
MIRROR DISK, LLC's site provides links to third-party web sites, which are not under the control of MIRROR DISK, LLC. MIRROR DISK, LLC makes no representations about third-party web sites. When you access a non-MIRROR DISK, LLC web site, you do so at your own risk. MIRROR DISK, LLC is not responsible for the reliability of any data, opinions, advice, or statements made on third-party sites. MIRROR DISK, LLC provides these links merely as a convenience. The inclusion of such links does not imply that MIRROR DISK, LLC endorses, recommends, or accepts any responsibility for the content of such sites.
THIRD PARTY PRODUCTS AND SERVICES
MIRROR DISK, LLC web site contains mention of third-party products and services for informational purposes. MIRRROR DISK, LLC makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by MIRROR DISK, LLC "as is", without warranty of any kind, either express or implied.
TERMS OF SERVICE
Effective on: 03/17/05
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
This Agreement is between Mirror Disk, LLC and you ("you" or "Customer"), as an authorized user of Mirror Disk, LLC Services, and governs the terms and conditions of your use of Mirror Disk, LLC Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Mirror Disk, LLC (collectively, the "Agreement"), constitutes the entire agreement between Mirror Disk, LLC and you regarding Mirror Disk, LLC Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by Mirror Disk, LLC related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "Mirror Disk, LLC Services" or "Services" are defined as any and all services provided by Mirror Disk, LLC to you either now or in the future. By using Mirror Disk, LLC Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
DEFINITIONS OF TERMS
a. Mirror Disk, LLC, Inc. is referred to herein as "Mirror Disk, LLC," "we," "us," or "our."
b. You, as the user, are referred to herein as "you," "user," "subscriber," "client," or "customer."
c. The equipment and software owned, leased, used by, or maintained for or by Mirror Disk, LLC are referred to herein as "Mirror Disk, LLC system" or "system."
d. User files, directory structure, and file content are referred to herein as user files.
e. Information stored in and/or gathered by Mirror Disk, LLC's system about the user, user's files, and user's system usage (user's meta-information) are referred to herein as "user data."
PLUS SERVICE USAGE; FAIR USE POLICY
As a Plus Service customer you will receive usage of all the services mentioned above.
PLEASE NOTE, HOWEVER, THAT YOUR USE OF THE SERVICE IS SUBJECT TO THE MIRROR DISK, LLC'S "FAIR USE" POLICY. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS MORE THAN THE AVERAGE LEVEL OF MONTHLY USAGE OF MIRROR DISK, LLC'S PAID SUBSCRIPTION CUSTOMERS. GENERALLY, FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE TOTAL AMOUNT OF BANDWIDTH A FILE/FOLDER HOSTED AND SHARED FROM OUR SERVICE GENERATES, AS DETERMINED BY US IN OUR SOLE DISCRETION. WE RESERVE THE RIGHT TO AT ANYTIME ENFORCE THIS POLICY IN ACCORDANCE WITH ITS TERMS (I.E., USAGE WITHIN ANY MONTH IN EXCESS OF MORE THAN THE AVERAGE LEVEL OF MONTHLY USAGE OF OUR SUBSCRIPTION CUSTOMERS).
IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, A MIRROR DISK, LLC REPRESENTATIVE WILL ATTEMPT TO CONTACT YOU TO REACH AGREEMENT ON A REVISED PRICING PLAN WHICH WILL PERMIT YOU TO CONTINUE TO USE THIS PAID SUBSCRIPTION SERVICE. HOWEVER, MIRROR DISK, LLC RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION.
REGISTRATION
To use the Service, you must submit a complete Mirror Disk, LLC registration form, which is available at https://www.mirrordisk.com (the "Registration Form"). As part of the registration process for the Service, you agree to: (1) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If Mirror Disk, LLC discovers that any of your Registration Data is inaccurate, incomplete or not current, Mirror Disk, LLC may terminate your right to access and receive the service immediately upon notice. Mirror Disk, LLC will evaluate the registration application in good faith and will notify you in a timely manner regarding acceptance or rejection. Mirror Disk, LLC may reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service. Mirror Disk, LLC reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. Mirror Disk, LLC need not provide a reason for its rejection. If Mirror Disk, LLC rejects your application, then you may reapply and Mirror Disk, LLC will reconsider the application. You may not register for this Service if you are under 18 years of age. By registering for this Service you represent to Mirror Disk, LLC, that you are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process you will have opened an account with Mirror Disk, LLC and will become a subscriber to the Mirror Disk, LLC Service.
NON -TRANSFERABLE MEMBERSHIP
Mirror Disk, LLC grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by Mirror Disk, LLC to you are retained.
RESTRICTIONS
You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services without Mirror Disk, LLC's prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party.
THIRD PARTY INTERACTION
In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Mirror Disk, LLC shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
LINKS TO THIRD PARTY SITES
Mirror Disk, LLC does not endorse any sites on the Internet that are linked through the Service. Mirror Disk, LLC is providing these links to you only as a matter of convenience, and in no event shall Mirror Disk, LLC be responsible for any content, products, or other materials on or available from such sites.
USER ACCOUNTS
A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with Mirror Disk, LLC. To open a user account, you or your company must complete the registration process by providing Mirror Disk, LLC with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should Mirror Disk, LLC suspect that such information is untrue, inaccurate, not current or incomplete, Mirror Disk, LLC has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual.
USER RESPONSIBILITIES
You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify Mirror Disk, LLC immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. Mirror Disk, LLC shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by Mirror Disk, LLC, or any transactions entered into through the Service or failure to abide by this Agreement. DO NOT MISUSE OR ABUSE OUR SYSTEM OR OUR SYSTEM RESOURCES (I.E. BANDWIDTH). YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.
ACCOUNT INFORMATION AND DATA
Mirror Disk, LLC does not own any data, information or material that you submit to the Service or store in your account ("Data"). Mirror Disk, LLC will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. Please be aware that Mirror Disk, LLC does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties but such information will not include personally identifying information and that your Internet protocol address is not transmitted with each message sent from your Mirror Disk, LLC account. Mirror Disk, LLC may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not Mirror Disk, LLC, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and Mirror Disk, LLC shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.
ACTIVITY OF ACCOUNT
If user does not access his or her account for a period of one hundred and twenty (120) days or more, Mirror Disk, LLC may (in its own discretion) remove and/or purge user's data and account from the system. At its own discretion, Mirror Disk, LLC may make at least two attempts, at least fifteen (15) days prior to deletion, to alert user of the pending deletion via his/her provided e-mail address. User agrees and acknowledges that no other notification is necessary and that e-mail provides an entirely adequate, sufficient, and complete means by which notice may be given user by Mirror Disk, LLC. If user does not respond to Mirror Disk, LLC, Mirror Disk, LLC will deem the account abandoned and user's data may be immediately purged from the system. Mirror Disk, LLC advises users to please keep their accounts and contact data current and in use or they will be purged.
While Mirror Disk, LLC endeavors to prevent viable accounts and data from being purged prematurely, Mirror Disk, LLC is under no obligation to maintain abandoned accounts. User agrees that lack of activity for one hundred and twenty (120) days or more conclusively indicates that user's account is abandoned and that all data associated with the account may be deleted and/or purged.
PAYMENT OF FEES
Mirror Disk, LLC offers its Service, as described on the Mirror Disk, LLC website (www.mirrordisk.com) and as published within the Service, for monthly or annual fees (the "Fees") which you will pay to Mirror Disk, LLC by authorized credit card. The Fees applicable for the Service are available at www.mirrordisk.com and as published within the Service. Mirror Disk, LLC reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). Your authorized credit card will automatically be charged Fees on the day you sign up for the Service, or the expiration of the initial trial period, if any, whichever is later. Thereafter, the Fees will automatically be charged to your authorized credit card, in advance, on the date of the month the Service was initially charged. In the event you cancel the Service, Mirror Disk, LLC will not refund any Fees already paid by you.
Your, Mirror Disk, LLC account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is delinquent for more than one billing cycle. Mirror Disk, LLC may impose a charge to restore archived data from delinquent accounts.
If you believe Mirror Disk, LLC has billed you incorrectly you must contact Mirror Disk, LLC no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Mirror Disk, LLC's Customer Support department (support@mirrordisk.com).
Mirror Disk, LLC may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Mirror Disk, LLC thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection.
Please remember that Mirror Disk, LLC bills you immediately for the extra space you order. You will initially be charged a pro-rated charge for the upgrade based on the number of days left until your regular billing date. Subsequently, you will be billed for all subscription charges on the normal billing date for your account. If you choose to cancel the extra space after your card has been billed for the month, you will not be reimbursed for the days you did not use the extra space.
TRIAL OFFERS, COUPONS, CREDITS AND SPECIAL OFFERS
Mirror Disk, LLC reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The Free Trial offer associated with Mirror Disk, LLC Plus and Workgroup entitles new, registered subscribers to a one-time free trial usage of the service. Free Trial terms vary by promotional offer. At the end of the trial period, You will be automatically subscribed and we will bill your credit card for the fees to the Service plan You selected at registration or to a default Service plan for trial subscribers selected by Mirror Disk, LLC. If You wish to terminate the trial and do not wish to subscribe to a plan, You must cancel before the end of your trial period. For cancellation instructions, log in to your account and click on the Billing Info section of your My Account page.
USER CONDUCT
You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service.
Mirror Disk, LLC has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, Mirror Disk, LLC reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
TERMINATION
Mirror Disk, LLC, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to Mirror Disk, LLC at any time; however, you will not receive a refund of any portion of your fees paid to Mirror Disk, LLC. Upon termination by Mirror Disk, LLC or at your direction, you may request a file of your Data, which Mirror Disk, LLC will make available for a fee. You must make such request at the notification of termination to receive such file within (30) days of termination. Upon termination of an account, your right to use such account and the Service immediately ceases. Mirror Disk, LLC shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.
PROPRIETARY RIGHTS
Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that Mirror Disk, LLC or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. Mirror Disk, LLC and/or other Mirror Disk, LLC products and services referenced herein are either trademarks or registered trademarks of Mirror Disk, LLC.
INDEMNIFICATION
You shall indemnify and hold Mirror Disk, LLC and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.
DISCLAIMER OF WARRANTIES
MIRROR DISK, LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. MIRROR DISK, LLC DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY MIRROR DISK, LLC.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MIRROR DISK, LLC'S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL MIRROR DISK, LLC BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF MIRROR DISK, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
LOCAL LAWS AND EXPORT CONTROL
Mirror Disk, LLC controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. Mirror Disk, LLC makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
MODIFICATION TO TERMS
Mirror Disk, LLC reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
GENERAL
This Agreement will be governed by Minnesota law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Minneapolis, Minnesota. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Mirror Disk, LLC as a result of this agreement or use of the Service. The failure of Mirror Disk, LLC to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Mirror Disk, LLC in writing. Mirror Disk, LLC has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and Mirror Disk, LLC and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.