Reimage Terms of Service

Welcome to Reimage.com, a web-based PC maintenance and repair service operated by Reimage, Inc. ("Reimage" or the "Service").

This document explains the terms and conditions for using Reimage (the "Agreement").
By clicking "I Accept" or by using Reimage, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable, then please do not use our Service. This Agreement was last updated on: 05/18/2008.

SUMMARY OF OUR SERVICE

Reimage offers owners of Windows-based computers and their authorized technicians the ability to have a damaged Windows PC hard drive configuration ("Customer Configuration") interrogated by Reimage's proprietary scanning technology, to have data anomalies identified by Reimage, and to have those anomalies repaired, with the goal of restoring the Customer Configuration to good working condition without loss of Customer Data. Our proprietary scanning technology builds an inventory of valid components that should be in your Customer Configuration and stores a summary representation of that inventory ("Inventory Description File") in Reimage's secure back-up facility. The Inventory Description File can then be available on a continuous basis during your subscription to facilitate emergency repair and maintenance of the PC. Your data files and program files are not copied to Reimage's servers during this process. Please note the Service is provided in good faith and is usually effective, but we do not warrant the actual outcome of the Service or the results obtained. The Agreement also limits our liability. These provisions are found in "Warranties &Liabilities," below, and we ask you to read them.

COMPUTER REPAIR, MAINTENANCE & ARCHIVAL RESTORATION (17 U.S.C. 117)

Each computer to be serviced by Reimage will be uniquely registered ("Registered Computer"). For each of your Registered Computers, you represent that you own the machine, or are authorized by the owner to perform maintenance and repair services on it, that any computer programs or other copyrighted works stored on the machine are legitimate copies owned or properly licensed, and that you are using the Reimage service to diagnose, repair and maintain the Customer Configuration so it can be used as an essential step in utilizing the computer program(s) on the Registered Computer. For each Registered Computer, you authorize Reimage to use its proprietary technology to perform a local and/or remote scan of the Customer Configuration, to build the Inventory Description File reflecting your Customer Configuration and to use the Inventory Description File to help repair the Customer Configuration to make it work in accordance with its specifications, as permitted by U.S. Copyright Act (17 U.S.C. 117(c)) and other national law ("Repair &Maintenance Authorization").

You further authorize Reimage to make and store back-up copies of your Inventory Description File to assist you in the exercise of your right to archive and restore legitimate copies of protected works under 17 U.S.C. 117(a) or other national law ("Archive & Restore Authorization"). You acknowledge that the Reimage Service will not store any copies of your program or data files, but instead, will use the Inventory Description File to understand what components should be reflected in a correct Customer Configuration and to use that File to orchestrate the repair of damaged files. Where program files cannot be obtained from publicly available sources, you may need to insert your original CD or media to complete the restoration process. You agree on your own initiative to delete your Inventory Description File from the Reimage Service in the event that your continued possession of the related computer programs or Customer Configuration should cease to be rightful.

The Archive & Restore Authorization is in support of the Maintenance & Repair Authorization, so that archived copies of Inventory Description Files for your Registered Computer may be retrieved during your subscription period and used solely to maintain and repair the same Registered Computer and for the research and continuous improvement purposes described below.

Reimage may immediately suspend or terminate any account used to circumvent the limited function of Reimage as a computer maintenance, repair and archive restoration facilitator.

Repair Key Expires 1 Year from Date of Purchase

SCIENTIFIC RESEARCH & CONTINUOUS IMPROVEMENT

In order that Reimage may continue improving the science of remote computer maintenance and repair services, you irrevocably authorize Reimage to add your Inventory Description File to its repository, to analyze your Inventory Description File, alone and in conjunction with other Inventory Description Files it may receive from other subscribers, to conduct ongoing scientific and commercial research, to improve the Reimage Service and to publish its research findings, in aggregate form only, without attribution or financial obligation to you. Inventory Description Files added to Reimage's repository may continue to be used after the Term of this Agreement for such purposes, so long as such usage is done anonymously in a manner that does not associate your Inventory Description File with your Registered Computer or with your personally identifiable information.

YOUR ACCOUNT & PASSWORD

• Your Account. When you register with Reimage, an Account is set up for you. When you register your Account, you represent that you are at least 18 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete.
• Your Password. A user name and password will be assigned by us or chosen by you. You are responsible for maintaining the secrecy of your password and for activities occurring under your Master Account and each Sub-Account. Be sure to change your password promptly and notify us if you believe your account is being accessed by others. Users may not loan their accounts or passwords to others.
• Immediate Use. You may begin using the Service immediately upon Reimage's acceptance of your registration. Unless otherwise specifically stated for a particular promotion, generally no withdrawal period applies to the Service and you waive any applicable "cooling off" period to the extent permitted by applicable law.

PROPRIETARY RIGHTS

• Our Proprietary Rights. Our Service contains server-based and client-side diagnostic and scanning technology that are proprietary to Reimage ("Diagnostic Tools") and a repository of Inventory Description Files, proprietary and third party components, libraries and other material or location references where such components may be obtained ("Repository") that are the copyright, trademark or other intellectual property of Reimage or designated third parties. Reimage has a patent pending. The Reimage Service is copyrighted individually and as a collective work by Reimage. All rights are reserved. The name "Reimage", "Reimage.com" and other names appearing herein are the trademarks or registered trademarks of the Service or the respective owners. Reimage makes no claim of ownership over any software or components that may be installed on your Registered Computer and referenced in the Inventory Description File. All copyright, trademark or other proprietary rights notices appearing on any works shall remain intact and legible. During the Term of your subscription, you grant Reimage the right to download, install, store, load and execute on your Registered Computer the Diagnostic Tools for the sole purpose of scanning your PC and providing the Service specified herein. You acknowledge that the Reimage Service is licensed and not "sold" to you and all such licenses are non-exclusive, non-sublicensable and non-transferable. Upon termination, you agree to remove or allow Reimage to remove the Diagnostic Tools from your Registered Computer and to cease further use thereof.
• Your Proprietary Rights. You (or your designee) own all right, title and interest in your Customer Configuration and all customer data on your Registered Computer. All software programs, information, images, documents and customer data stored on your Registered Computer shall remain your sole and exclusive property, or that of your third party licensors, customers and/or owners. Reimage makes no proprietary claim to the foregoing, other than the limited, non-exclusive, irrevocable right: (a) to analyze the Customer Configuration, to build the Inventory Description File, to store such File in its repository and, to refer to such File to perform the computer maintenance and repair services on your Registered Computer and (b) to use the Inventory Description File to perform scientific and commercial research and to improve Reimage as a commercial service, as authorized herein, and for no other purpose.
• Third Party Proprietary Rights. Reimage DOES NOT GRANT LICENSES FOR YOU TO USE ANY THIRD PARTY SOFTWARE OR UPDATES ON YOUR REGISTERED COMPUTER, WHICH YOU WILL INDEPENDENTLY OBTAIN AT YOUR OWN EXPENSE. UPON REQUEST, YOU MAY BE REQUIRED TO INSERT THE ORIGINAL CD OR OTHER PROGRAM MEDIA TO RETRIEVE FILES OR TO VERIFY YOUR LICENSE OR RIGHT TO UPDATES. Reimage MAY TERMINATE YOUR ACCOUNT AND DELETE THE INVENTORY DESCRIPTION FILE FOR YOUR REGISTERED COMPUTER IF SUCH PROOF IS NOT PROVIDED.
• Reservation of Rights. Each party reserves all rights not specifically granted. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Service. You may not reverse engineer our Service or any software or data obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could be irreparably injured and may obtain a court order and costs of enforcement (including reasonable attorneys fees) without necessity of posting bond to enjoin you from further mischief.

Reimage is a registered trademark of Reimage Ltd. in the United States. Windows XP is a registered trademark of Microsoft Corporation in the United States and other countries. The Twitter name, logo, Twitter T, and Twitter blue bird are trademarks of Twitter, Inc. in the United States and other countries. Facebook® is a registered trademark of Facebook Inc.

APPLICABLE CHARGES &PAYMENT.

Some features of our Service are available on a limited "free trial" basis, while other areas may require the payment of a subscription-based fee or other published charge.

If you received a limited "free trial" offer, you may be able to use specified features of the Service without charge during a stated trial period. If we have informed you that your trial account will automatically be converted to a paid subscription for a one-time or recurring fee, then you must cancel your account to avoid charges. If you do not cancel your account, then you authorize us to charge your payment method for the subscription fees applicable to the type of subscription that you selected at registration.

You agree not to allow your Master Account or any Sub-Accounts to be used by other persons that do not have an account. We require timely payment of all published fees and charges by the Master Account holder. You agree to keep your payment method with us up to date (including the expiration date for payment cards). You are responsible for all published charges on your Account(s) prior to the date we can reasonably act on any instruction to cancel your subscription. Fee paid are non-refundable, except as expressly stated herein.

We will provide you an online account statement. You agree to review the account statement and notify us of any discrepancy within one hundred twenty (120) days of the date of any disputed charge. You waive any claim which could have been identified from the billing statement within such period and which was not brought to our attention in writing during such period.

Currency exchange settlement rates are determined by your payment card provider. We will give you advance notice of any price changes for the Service. If you do not agree with a price change, you must cancel your subscription to avoid incurring the charges as of the published effective date. You are responsible for providing your own communication services (including any internet and dial-up services and related charges) and any taxes on this transaction, other than taxes on the net income or profits of Reimage.

If you fail to pay applicable fees or charges when due, we may suspend or terminate your account and access to the Services. Unless otherwise agreed in writing, all charges are payable in the currency specified in advance by major credit card or other online payment mechanism. Late payments are subject to costs of collection (including legal fees of 17.5% pre-filing, or 35% if formal proceedings are filed) and shall bear interest at a rate equal to the lesser of one (1) percent per month or the highest rate permitted by law.

PUBLIC FORUMS &POSTED MESSAGES.

• Your Public Messages. Our Service may include certain interactive features that allow users to post, transmit and receive messages on discussion forums or other online channels ("Communications"). We do not prescreen or editorially control Communications on our Service. We reserve the right (but do not assume the responsibility) to block or remove any Communications brought to our attention which we consider in violation of this Agreement or detrimental to the Service or to any person.
• Permission to Publish. Our Service does not claim ownership in the content of your Communications. If you make Communications, you irrevocably grant our Service (and any affiliates and sublicensees) the worldwide, perpetual, royalty-free, sublicensable right and license to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform such Communications through the Service and to make such incidental and additional uses as may be needed to operate the Service and any affiliated sites through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the "thread" or compilation of Communications on the Service generally, including your own Communications.
• Data Management &Disclosure. We reserve the right to manage and operate our system resources and to archive or delete any files stored on our Service at any time. You are responsible for making back-up copies of any files that you wish to preserve. We may archive or delete files stored in accounts that have not been logged into and are inactive for an extended period of time, as determined by the Service. We do not claim any ownership rights in the contents under your account. We may disclose the contents of your account (a) as required by law or legal process, (b) to protect or defend the rights of the Service, (c) to enforce this Agreement, or (d) to protect the interests of any other user.
• Prohibited Behavior. You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Service. You will not use the Service to violate any applicable law. In order to protect itself, the Service may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of the Service or to use a competitor's service.
• Anti-Spam Restriction. You will not use our Service to make any Communications which are unsolicited bulk advertising or promotional messages ("spam"), so-called "chain letters," pyramid schemes, or make Communications of a promotional nature other than through channels authorized by the Service. You may not harvest email addresses or instant messaging identifiers.

THIRD PARTY LINKS AND ADVERTISERS.

Content, goods or services may be offered by third parties through hotlinks or advertisements contained on our Service. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a re-publisher of third party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS, SOFTWARE OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.

SYSTEM SECURITY.

We offer secure web pages to transmit Inventory Description Files and to provide the computer maintenance, repair and archiving functions of Reimage. Inventory Description Files will be stored in an effectively secured form on our servers. We follow well defined technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. No computer system is completely secure, but we believe the measures implemented by our Service reduce the likelihood of security problems to a level appropriate to the type of data involved.

OUR PRIVACY POLICY.

Our Privacy Policy for this Service is posted at our main page. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference into this Agreement and subject to these terms. Third parties providing goods or services to you (including those advertising or providing links on our Service) may have privacy policies or practices that differ from our own. Please check their sites' privacy disclosures for details.

WARRANTIES &LIABILITIES.

• No Warranty on Third Party Software. Reimage MAKES NO WARRANTY OF ANY KIND AS TO THE PERFORMANCE OR QUALITY OF ANY THIRD PARTY SOFTWARE OR Reimage'S ABILITY TO RESTORE THIRD PARTY SOFTWARE TO GOOD WORKING ORDER. YOU WILL LOOK SOLELY TO THE SUPPLIER OF THIRD PARTY SOFTWARE TO OBTAIN ANY APPLICABLE LICENSES AND FOR ANY CLAIMS RELATING TO THE PERFORMANCE OF SOFTWARE, AND ANY UPDATES, ON THE REGISTERED COMPUTER.
• Warranty Disclaimer. THIS SERVICE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE, REPOSITORIES, DIAGNOSTIC REPORTS, INVENTORY DESCRIPTION FILES AND CONFIGURATIONS) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SITE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SERVICE. THE SERVICE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES IN ONLINE COMMUNICATIONS AND PUBLIC FORUMS. YOU AGREE TO MAINTAIN ORIGINAL MEDIA OR ARCHIVAL COPIES OF ALL SOFTWARE AND CUSTOMER DATA FOR YOUR REGISTERED COMPUTER. THERE ARE NO THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
• Limitation of Liability. Reimage IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE SUBSCRIPTION FEES ACTUALLY PAID TO IT BY YOU DURING OR WITH RESPECT TO THE MONTH PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS Reimage LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOSS OF USE OF YOUR REGISTERED COMPUTER, LOST OR CORRUPTED PROGRAMS OR DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS.
• Indemnification. You agree to defend, indemnify and hold harmless the Service and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Service in violation or contradiction of this Agreement, including any claim that your Registered Computer contains unauthorized software or data, or that your Repair &Maintenance Authorization or Archive &Restore Authorization were without legal authority or were legally ineffective to grant the authorization that they purport to grant.
• Limitation of Remedies. You agree that if the Service breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Service and recover your Subscription Fees, to the extent permitted herein. This applies regardless of whether this exclusive remedy fails of its essential purpose.
• Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT Reimage, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.

FORCE MAJEURE.

Reimage is not responsible for any delay or failure in performance of the Service in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, terrorism, war, insurrection, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.

NO OUTSIDE CONTACTS.

Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), it is important to agree that our Service operates solely in Ramat Gan, Israel (our "Locality"). You are using the Internet as your own agent to access and use our Service from the local Internet point of presence (POP) here in our Locality and you are using the Internet or public carrier as your local agent to take delivery of any information, products or services in our Locality. This means all operations, services, deliveries, performance and contacts of our Service occur solely in our Locality. Our Service does not submit to personal jurisdiction anywhere else and you irrevocably waive any claim to the contrary.

INJUNCTIVE RELIEF.

If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining you from further mischief.

GOVERNING LAW.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. THE PROCEDURAL LAW OF ISRAEL WILL GOVERN PROCEDURAL ISSUES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN ISRAEL AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN IN ANY ACTION BROUGHT BY YOU. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you irrevocably accept legal notices and papers by electronic mail at your last known email address (we would also attempt to send you a backup copy by regular mail).

TECHNOLOGY &DATA TRANSFER.

• Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the U.S. and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Service that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement.
• European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and our Service is governed by the European Union Data Protection Directive or national laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Service.

U.S. GOVERNMENT RESTRICTED RIGHTS.

To the extent used by U.S. government personnel: this is a computer data base that constitutes restricted computer software and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor is Reimage, Inc., a corporation with offices located at Ramat Gan, Israel.

RELATIONSHIP OF PARTIES.

There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. This Service is not a party to any transaction between you and any third party advertisers, suppliers or customers. You will look solely to the third party for all claims regarding their goods, services or information.

RIGHT TO RELY ON INSTRUCTIONS.

Reimage may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Service's automated criteria or which is believed by the Service's personnel to be genuine. For any password protected areas, the Service may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Service may assume the latest email addresses and registration information on file with the Service are accurate and current. When programmed to do so, the Service may take prescribed actions in the absence of receiving proper, complete and timely contrary instructions.

CHANGES TO SITE.

We reserve the right to modify, change or discontinue the Service or any feature at any time without notice, except we will give advance public notice of any upcoming price changes. You agree that the Service is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Service can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.

TERMINATION.

Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Service, or any feature of this Service, at any time upon notice. Upon termination, Inventory Description Files may continue to be used on an anonymous basis for research and continuous improvement purposes as specified herein or may be permanently deleted, as Reimage may determine. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from the System, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.

NOTICE TO CALIFORNIA RESIDENTS.

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.

• Pricing Information: Current rates for using the Service may be obtained at Reimage pricing page. The Service reserves the right to change fees, surcharges or to institute new fees at any time, as provided in this Agreement.
• Complaints: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

MISCELLANEOUS.

This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Service. Your continued use of this Service after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of performance or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement to any third party, including a party acquiring any of our operating assets or ownership interests upon written notice (including by way of email) to subscribers. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.