INFORMATION ON TERMS AND CONDITIONS OF USE OF LIVEVAULT DIRECT WEB SITE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.

The Building IT Company (BITC) maintains this web site as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

Copyright and Trademark Information

Copyright © 2005 The Building IT Company. All rights reserved.

This web site, and the information which it contains, is the property of LiveVault and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "LiveVault" is a registered trademark and  “The Real-Time Backup Company”, "Time Slice Restore", "MyLiveVault", and "Your Backup is Our Business" are trademarks of LiveVault under the applicable laws of the United States and other countries.

All other product names are trademarks or registered trademarks of their respective owners.

Use of BITC Web Site and Its Content

The information contained in this web site is for general guidance on topics selected by BITC. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this web site. The information on this web site is provided with the understanding that BITC and various authors and publishers' providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this web site should not be relied upon or used as a substitute for consultation with professional advisors.

BITC may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

By using this web site, you agree to indemnify, hold harmless and defend LVC from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of this web site in violation of these terms.

No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that LVC authorizes you to view, copy, download, and print BITC documents (such as white papers, press releases, data sheets, and FAQs) that are available on this web site, subject to the following conditions:

1)  The documents may be used solely for noncommercial, informational purposes.

2)  The documents may not be modified.

3)  Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of BITC or such third party that may own the trademark or copyright of material displayed on this web site.

Accuracy of Content and Future Modifications to Web Site

The information on this web site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors.

BITC reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.

Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting BITC’s copyright agent (identified below) and providing the following information:

1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3) Your name, address, telephone number and (if available) e-mail address.

4) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5) A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6) A signature or the electronic equivalent from the copyright holder or authorized representative.

BITC’s agent for copyright issues relating to this web site is as follows:

The Building IT Company
ConnectedBackup.com
1560 Sawgrass Coprorate Parkway
4th Floor
Sunrise, Florida 33323

In an effort to protect the rights of copyright owners, BITC maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.

Availability of Products and Services Mentioned

Information that BITC publishes on this web site may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that LVC intends to announce or make available such products or services to the general public, or in your country. Consult your LVC account representative to determine which products and services may be available to you.

No Warranties

INFORMATION AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, BITC DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Product descriptions and specifications are subject to change. BITC periodically adds or updates the information and documents on this web site without notice.

It is the user's responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LVC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF LVC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BITC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO LVC DURING THE MOST RECENT THREE-MONTH PERIOD IN CONNECTION WITH AMOUNTS WHICH YOU PAID FOR USING THIS WEB SITE.

Links to Third-Party Web Sites

This web site may contain links to non-BITC web sites. These links are provided to you as a convenience, and BITC is not responsible for the content of any linked web site. Any outside web site accessed from the BITC web site is independent from BITC, and BITC has no control over the content of that web site. In addition, a link to any non-LVC web site does not imply that BITC endorses or accepts any responsibility for the content or use of such a web site.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by BITC of that third party or of any product or service provided by a third party.

Jurisdictional Issues

BITC makes no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Submissions to LVC and Affiliated Servers

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to BITC through this web site is the exclusive property of BITC. BITC is entitled to use any information submitted for any purpose, without restriction (except as stated in BITC's Privacy Statement) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to BITC and accepts responsibility for its accuracy, appropriateness, and legality

Enforcement of Terms and Conditions

  These Terms and conditions are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Fort lauderdale, Florida, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Florida. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, BITC shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Florida or any other court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. BITC may, at its sole discretion and without notice, revise these terms at any time by updating this posting.]

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by BITC, as described above.

For Additional Information

If you have any questions about the rights and restrictions above, please contact BITC's Administrative Department.