Last Updated: August 2020
Before accessing and using the Services, please read these Terms carefully because it is a legal agreement between WatchGuard and you. In particular, the sections titled “DISCLAIMERS,” “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION” limit WatchGuard’s liability to you and affect how disputes are resolved. If you do not agree to any term of these Terms, you may not use the Services.
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM AND WARRANT THAT:
- YOU ARE BOUND BY AND WILL COMPLY WITH THESE TERMS; AND
- YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT.
CHANGES TO TERMS
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
Certain features, content or materials in the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with them. If you do not agree to Additional Terms, then you may not use the Services to which they relate. These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail for the Services to which the Additional Terms apply.
ELIGIBILITY AND ACCESS
- Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.
- Your Account: You are required to create an account (“Account”) to use certain features of the Services. You must provide accurate and complete Account information when creating your Account and maintain the accuracy of your Account information at all times. You agree to protect the security of your Account and Account credentials. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim in those usernames. You are responsible for all use of your Account, including through use of your login credentials. Any access of the Services through your Account credentials may be deemed to be authorized by you. You must immediately notify WatchGuard using the contact information provided below if you believe that information you provided to us is no longer secure or if your Account or Account credentials were accessed without your authorization.
- Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device, you are solely responsible for any and all data and other fees related to use of the Services through that mobile device.
OWNERSHIP; LIMITED LICENSE
WatchGuard and its licensors retain full and complete title to all information and materials provided on or through or submitted to the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
The name "WatchGuard Technologies" and the WatchGuard logo, and the other trademarks specified in this section below are trademarks of WatchGuard and may not be copied, imitated or used, in whole or in part, without our prior written permission. If we provide you with permission to use our trademarks, you must: (a) comply with any notice, attribution and other requirements provided by us in connection with such use; and (b) not use any of our trademarks in connection with any products or services in any manner that is likely to cause confusion. All other trademarks not owned by WatchGuard that appear in the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. For clarity, spamBlocker is not in any way affiliated with or endorsed by Hormel Foods Corporation or Hormel Foods LLC. The following are protected trademarks and logos of WatchGuard Technologies, Inc.
Hawks’ Head Logo
Magnifying Glass Logo™
Our Security, Delivered Your Way™
Panda Adaptive Defense™
Panda Gate Defender™
The Security You Really Need.™
Smart Security, Simply Done™
Stronger Security, Simply Done™
Unified Security Platform™
Uniquely Simple. Powerfully Secure™
If you have been granted the right by WatchGuard Technologies, Inc. to use any of these protected trademarks, you must include the following attribution with such use, inserting the appropriate information used where "[ ]" are indicated:
"[List of WatchGuard trademarks you are using] [is] [are] either [a] registered trademark[s] or trademark[s] of WatchGuard Technologies, Inc. in the United States and/or other countries."
- Our Services may allow you and other users to post and share content, including messages, links, text, photos, videos, software and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and WatchGuard.
- You grant WatchGuard a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information may be visible to others.
- You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate or infringe any rights of, or cause injury to, any other person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
- You may not post or share any User Content that violates these Terms, including any User Content that:
- is subject to confidentiality obligations or that you do not otherwise have all necessary rights to disclose;
- is unlawful, libelous, defamatory, obscene, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- contains any unsolicited promotions, political campaigning, advertising or solicitations;
- contains any private or personal information of a third party without such third party’s consent;
- contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose WatchGuard or others to any harm or liability of any type.
You are solely responsible for your conduct while using our Services and for the User Content you post. You agree not to:
- violate any applicable law, contract, or other third-party right or commit a tort;
- infringe or misappropriate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- use or attempt to use another user’s account without authorization from that user and WatchGuard;
- impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- sell, license or, resell our Services without our prior written authorization;
- copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- modify any aspect of our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- reverse engineer any aspect of our Services or do anything that might discover source code of any part of our Services;
- disable, bypass or circumvent restrictions or measures employed to prevent or limit access to any part of our Services;
- use any data mining, robots or other data gathering or extraction methods designed to scrape or extract data from our Services;
- develop or use any applications that interact with our Services without our prior written authorization;
- bypass or ignore instructions contained in our robots.txt file; or
- use our Services for any unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about WatchGuard or our Services (collectively, “Feedback”). You understand that we may, and you grant us a perpetual and irrevocable license to, use, copy, publicly perform, publicly display, modify, distribute or otherwise exploit such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You understand that WatchGuard may treat Feedback as nonconfidential.
The Services contain links to or information regarding third-party websites, products or services that we think may interest you, including social networking (collectively, “Third-Party Services”). Third-Party Services are not under the control of WatchGuard and WatchGuard is not responsible for Third-Party Services or for any information or materials on, or any form of transmission received from, any Third-Party Services. The inclusion of a link to or information regarding any Third-Party Services does not imply endorsement by WatchGuard of the Third-Party Services or any association with the operators of the Third-Party Services. WatchGuard provides links to or information regarding Third-Party Services for your convenience only. Your access Third-Party Services at your own risk. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
- WATCHGUARD DOES NOT ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY VIA THE SERVICES. ALL USER CONTENT AND THIRD-PARTY SERVICES ARE THE SOLE RESPONSIBILITY OF THE PROVIDER OF SUCH CONTENT OR SERVICES.
- WATCHGUARD DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, AVAILABILITY OR USEFULNESS OF ANY PART OF THE SERVICES. THE WATCHGUARD SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE SERVICES. WATCHGUARD DOES NOT WARRANT THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (2) ERRORS WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY WATCHGUARD OR ITS AUTHORIZED AGENTS DOES NOT AND WILL NOT CREATE ANY WARRANTY.
- WATCHGUARD DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM DEFECTS, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
- IN NO EVENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WATCHGUARD KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICE.
- THE TOTAL LIABILITY OF WATCHGUARD FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $50 OR THE AMOUNT PAID BY YOU (IF ANY) TO USE OUR SERVICES FOR THE 6 MONTHS PRECEDING THE CLAIM.
- THE FOREGOING DISCLAIMERS OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE. YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY ARE ESSENTIAL TERMS AND THAT WATCHGUARD WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF LIABILITY.
- Except where prohibited, these Terms are governed by and construed and enforced in accordance with the internal laws of the State of Washington, without giving effect to the principles of conflicts of laws of such state and is binding upon the parties hereto in the United States and worldwide.
- To the extent permitted by applicable law, any dispute arising from or related to these Terms must be filed within one year after the relevant claim arose; otherwise, the dispute is permanently barred, which means that you and WatchGuard will not have the right to assert the claim.
- If you are a resident of the US: Any dispute between you and WatchGuard and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to these Terms and its interpretation or the breach, termination or validity thereof, the relationships which result from these Terms is subject to the exclusive jurisdiction of the federal and state courts in King County Washington, other than for actions to enforce any order or judgment entered by such courts.
- If you are not a resident of the US: If local law requires, you may bring an action against WatchGuard in the local courts of your place of domicile and nothing in these Terms is intended to limit your rights to do so. All disputes arising under the Terms between you and WatchGuard are subject to the non-exclusive jurisdiction of the courts located in your place of domicile and you and WatchGuard hereby submit to the personal jurisdiction and venue of these courts.
NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You must comply with all applicable export compliance laws in connection with your use of the Services, including by ensuring that no content or materials from the Services are accessed or exported or re-exported to any country, person or entity in violation of any U.S. sanctions or export controls (including to any sanctioned or restricted entities). Without limiting the foregoing, you may not export or otherwise transfer any information or materials contained within the Services to: (a) any country or region to which the United States has embargoed goods or services, (each, a “Restricted Country”); (b) any person that is a resident or otherwise located in or under the control of any Restricted Country; (c) any person identified as a “Specially Designated National” by the Office of Foreign Assets Control; or (d) any person placed on the U.S. Commerce Department’s Entity List, Denied Persons List, or Unverified List (each of (b)-(d), a “Restricted Person”). You further represent and warrant that you are not a Restricted Person.
You agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
MODIFICATIONS; SUSPENSION; TERMINATION
WatchGuard may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. You may terminate your Account at any time for any reason. WatchGuard reserves the right immediately to suspend or terminate your Account and access to the Services without notice if WatchGuard believes you violated these Terms or to protect the rights or property of WatchGuard or its users.
DMCA COPYRIGHT NOTICE AND TAKEDOWN POLICY
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify our designated agent as follows:
- Designated Agent:
- Legal Department
- WatchGuard Technologies, Inc.
505 5th Ave S STE 500
Seattle, WA 98104-3892
- Telephone Number:
- E-Mail Address:
- [email protected]
Please see 17 U.S.C. § 512(c)(3) (https://www.govinfo.gov/content/pkg/USCODE-2011-title17/pdf/USCODE-2011…) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to WatchGuard for certain costs and damages.
- These Terms (i) may be assigned by WatchGuard but you may not assign them without the prior express written consent of WatchGuard; (ii) inure to the benefit of and will be binding upon WatchGuard and its successors and assigns and you and your permitted successors and assigns, respectively.
- These Terms, together with any Additional Terms that incorporate these Terms, contain the entire understanding by and between WatchGuard and you with respect to the matters contained herein.
- If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
- Enforcement of these Terms is solely at WatchGuard’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content or conduct that is prohibited by these Terms.
- Nothing contained in these Terms will be deemed to constitute WatchGuard or you as the agent or representative of the other or as joint venturers or partners.
- If WatchGuard is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
- The headings and captions contained herein are for convenience only.
- These Terms and all related documentation will be drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
QUESTIONS ABOUT THE SERVICES
If you have a question about the Services, please contact WatchGuard via email at [email protected].
WatchGuard Technologies, Inc.
505 Fifth Avenue South, Suite 500,
Seattle, WA 98104