Introduction and Scope
This document is an agreement between You and Bestvirusguard (“Bestvirusguard”) that describes the terms of service (“TOS”) for which You may use the services offered on the websites and web pages owned and operated by Bestvirusguard or its subsidiaries (collectively, the “Bestvirusguard Sites”). Examples of Bestvirusguard Sites include the internet domains Bestvirusguard.com, siteadvisor.com, foundstone.com, trustedsource.com, and numerous others. The services and information offered on some Bestvirusguard Sites may be subject to additional terms and conditions described on the site or web pages for those services or information, and additional licensing terms may apply for software that are disclosed in an End-User License Agreement distributed with such software. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE SOFTWARE OR SERVICES OFFERED BY THE BESTVIRUSGUARD SITES, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF SERVICE AND ANY ADDITIONAL TERMS THAT APPLY.
Please note that Bestvirusguard reserves the right to revise these site TOS at any time by posting an update to this page. Your continued use of the Bestvirusguard Sites or Services following the posting of changes to these TOS will mean You accept those changes.
Bestvirusguard reserves the right, in its sole discretion, to determine if You have violated these site TOS, and to take any action it deems appropriate.
You acknowledge that Bestvirusguard shall have the right to terminate Your access to the Bestvirusguard Sites or Services for violations of any of these rules, including repeat infringement of copyrights.
Your Use & Conduct
Personal, Non-Commercial Use: The Bestvirusguard Sites are made available for Your personal, non-commercial use only. Except as provided by specific terms governing a specific service, product, or information, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, software, products, or services obtained from the Bestvirusguard Sites.
No Unlawful or Prohibited Use: You agree that You will not use the Bestvirusguard Sites or the information, products, or services available from them for, or to further, any unlawful purpose. Additionally, You will NOT:
User Submissions: Certain Bestvirusguard Sites enable users to submit content or other information that will be made available to other users of the Bestvirusguard Sites (e.g., a forum or blog site). You understand and agree that Bestvirusguard: (a) is NOT responsible for the content of user submissions, (b) has no obligation to remove any user-submitted content, and (c) has sole discretion to determine whether any user-submitted content violates the Bestvirusguard Sites TOS and to take action or inaction based on that determination.
If You submit content or information to a Site or Service that makes Your content available to other users, You represent and agree that:
Bestvirusguard Intellectual Property Rights: All content and services on the Bestvirusguard Sites, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, and other website materials (the “Materials”) are the intellectual property of Bestvirusguard, its licensors, or other vendors. The Materials are protected by United States and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of Bestvirusguard.
Bestvirusguard Trademarks and Brands: Bestvirusguard, the Bestvirusguard logo, and other marks related to Bestvirusguard products and services (“Bestvirusguard Marks”) are the exclusive and valuable property of Bestvirusguard or its subsidiaries. The Bestvirusguard Marks can only be reproduced or displayed with specific written permission from Bestvirusguard, and only in accordance with Bestvirusguard Trademark Policy and Guidelines.
Limited Copyright Permission: Subject to the terms of an applicable software or service license or other written agreement, Bestvirusguard grants You permission under its copyrights to display, copy, or download the Materials from a Bestvirusguard Site for personal, non-commercial and informational use only, provided that You DO NOT:
Translations: Where Bestvirusguard has provided a translation of the English-language version of a Bestvirusguard Site, these TOS, or other Materials, You agree that: (a) the translations are only for Your convenience; (b) the English-language version governs Your use of the Materials provided by Bestvirusguard; and (c) the English-language version shall take precedence in the event of a conflict between the English-language version and the translated version (except as prohibited by local law).
Third-Party Content and Links: Certain Bestvirusguard Sites may display content provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase their products or services. As consideration for Your convenience in making this third-party content available or accessible to You, You acknowledge that Bestvirusguard is not responsible for the third-party content. You also agree that Bestvirusguard IS NOT responsible or liable for any losses or damages You experience with any third-party content You chose to rely upon or advertisements You respond to, and that You must contact the third party directly for any remedies that may be available to You.
Domain-Specific Terms: Additional terms that apply to certain domains owned by Bestvirusguard are described below. Please note that specific pages on those domains may have additional terms that are not described here.
Bestvirusguard Sites Disclaimers
NO WARRANTY: The Bestvirusguard Sites and the information provided therein are for the convenience of users of the Bestvirusguard Sites and for customers and potential customers of Bestvirusguard, its products, or its services. The information provided on the Bestvirusguard Sites and the products and services described on the Bestvirusguard Sites are subject to change without notice. BESTVIRUSGUARD DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE BESTVIRUSGUARD SITES. EXCEPT AS PROVIDED BY THE TERMS OF AN APPLICABLE END-USER LICENSE AGREEMENT OR OTHER WRITTEN AGREEMENT SIGNED BY BESTVIRUSGUARD, THE BESTVIRUSGUARD SITES, SERVICES, AND SOFTWARE ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BESTVIRUSGUARD DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE BESTVIRUSGUARD SITES AND SOFTWARE DOWNLOADED THEREFROM, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE BESTVIRUSGUARD SITES, SERVICES, OR SOFTWARE. BESTVIRUSGUARD DOES NOT WARRANT THAT THE BESTVIRUSGUARD SITES, SOFTWARE, OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE BESTVIRUSGUARD SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE, SERVICES, OR SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, BESTVIRUSGUARD, ITS AFFILIATES, AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR THOSE COSTS.
Additionally, Bestvirusguard makes no claim that any of the content or software available from the Bestvirusguard Sites can be lawfully viewed or downloaded outside of the United States. Access to portions of the Bestvirusguard Sites may not be legal by certain persons or in certain countries. If You access the Website from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY: Except as provided by an applicable End-User License Agreement or other written agreement signed by Bestvirusguard, UNDER NO CIRCUMSTANCES IS BESTVIRUSGUARD, ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION SERVICES OR SOFTWARE AVAILABLE ON THE BESTVIRUSGUARD SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ANY OTHER LEGAL THEORY EVEN IF BESTVIRUSGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
The above limitation applies to Your use, misuse, or reliance upon the Bestvirusguard Sites, including, without limitation, damages You may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the Bestvirusguard Sites.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to You.
Governing Law: These TOS and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Sri Lanka, without giving effect to its conflict of laws provisions or Your actual state or country of residence, and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods, the Brussels or Lugano Conventions, or the Rome or Rome 1 Conventions. If for any reason, a court of competent jurisdiction finds any provision or portion of these TOS to be unenforceable, the remainder of the TOS will continue in full force and effect.
Force Majeure: Under no circumstances shall Bestvirusguard, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
Entire Agreement: Except as provided by an End-User License Agreement or other written agreement signed by Bestvirusguard, these TOS constitute the entire agreement between You and Bestvirusguard with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.