THIS IS A LEGAL AND BINDING SOFTWARE USAGE AGREEMENT ("AGREEMENT") WHICH GOVERNS YOUR USE OF THE WEBSITE. BY COMPLETING THE ORDER PROCESS AND CLICKING ON THE "BUY NOW" BUTTON, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL ORDER" BUTTON, IN WHICH CASE THE ORDER PROCESS WILL BE TERMINATED. DF MAY AMEND THIS AGREEMENT FROM TIME TO TIME. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF THESE TERMS CHANGE IN SOME WAY YOU FIND UNACCEPTABLE, YOU SHOULD DISCONTINUE YOUR USE OF THE WEBSITE.
DISCLAIMER
BinaryBiz makes no claims as to the usability of the recovered data or the amount of data recovered, and you hereby acknowledge that the fee you pay to use the BinaryBiz product(s), Website and service(s) are is "AS-IS", and that you may not recover any usable data at all, you further agree that any and all fee(s) you pay to BinaryBiz for the use of the Services, Website and any other fees are non refundable ("All Sales Final"). If you are unwilling to accept these terms and these risks, do not continue your order, but instead click 'CANCEL ORDER', and do not purchase the product.
Terms and Conditions
This is a legal agreement between you and us. If you have questions about this document we suggest you seek the advice of an attorney. This agreement is a legal contract and you should not continue with the purchase or use of any of our products if you have questions, hesitation or doubt as to your ability to comply with the terms of this agrerement. Using or ordering our products indicates your acceptance of the following terms and conditions, which include, without limitation, our all sales final policy.
BinaryBiz is an Internet service (the Service) owned and operated by BinaryBiz UBTO (hereafter "we", "our" or "us"). "You" or "your" means an adult user of the Service for itself and you as parent or guardian for any minor which you allow to access the Service, for whom you will be held strictly responsible. Your use of the Service indicates that you are bound by this agreement with us. If you don't agree with any of these terms and conditions, don't use the Service. We may alter this agreement at our discretion and your continued use after any change indicates your acceptance of that change. If you don't want to be bound by a change, discontinue use of the Service.
The user acknowledges, covenants and agrees with BinaryBiz, its affiliated and related companies, and their staff, directors and agents (collectively "BinaryBiz") that in respect of VirtualLab and Quota (the "Service") that BinaryBiz makes no warranty or condition of any kind, either express or implied, statutory or otherwise, with respect to the Service including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose and that the user assumes the entire risk as to the use and performance of the Service. In no event shall BinaryBiz be liable to the user or any other person for any direct, indirect, special, consequential or incidental damages (including without limitation, damages for loss of revenues or profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the Service, including any viruses or other problems of any nature or kind whatsoever, all of which such risks the user voluntarily assumes. BinaryBiz reserves the right to limit and contain excessive trial usage of the Service, the definition of which is at the sole discretion of BinaryBiz. The maximum liability of BinaryBiz is the fee you paid for the service.
Description of Service:
VirtualLab is quota based, self-service data retrieval and restoration used to recover and save lost or deleted data. Evidence of successful use of Service is the consumption and use of quota, activation of your product, support and customer service usage, and others.
Definitions:
All instances of the letters 'GB' and 'Gb' shall be construed to mean 1,000,000 bytes.
Terms of Service:
ONE-TIME PACKAGES
The Service is complete once your quota is consumed, or thirty days from date of purchase, whichever occurs first. 'Remote Saving' terms are: 1GB of server storage space that is active for fourteen days from the creation of your session and/or payment for storage. After fourteen days we reserve the right to remove the stored files. Any Remote Saving account that has any file containing a virus or other form of malware will result in immediate termination and the file(s) will be deleted.
QUOTA, PROFESSIONAL AND UNLEASHED VERSIONS
These versions offer quota that does not expire as well as use that is less restrictive. For example, the Profession version may be used on a single computer and offers unlimited quota. The license restrictions are simple: You may not use the activation number on more than one computer. As a courtesy we allow the transfer of an activation number from one computer to another but do enforce a 30 day wait after the second transfer request (also known as 'Deauthorization'). If you want a more 'portable' version, or feel that you'll want to use the product on more than one computer frequently, then we encourage you to purchase an'Uleashed' version product. The Unleashed version allows multiple computer installations without any restriction other than you may only save data during one session at a time. You are not able to save data concurrently from multiple computers simulataneously. If you want to save data from multiple computers as a time, then you'll need to purchase multiple licenses. The Unleashed version is licensed for one year of use, at which point your service will require renewal, currently priced at $99.95 but subject to change. The minimum fee to use VirtualLab Mac is $119.95 per gig. Quota is not available for VirtualLab Mac in less than 1gig, and must be purchased in 1gig increments. You will be reminded to renew your license prior to it's expiration. Macintosh VirtualLab users are required to consume there quota within 30 days of purchase or it will expire. Mac quota is not transferrable or renewable, nor are subscription options available. The Windows version of VirtualLab offers a Mac recovery module, if you want non-expiring quota or a subscription, then perhaps you should consider the Windows version of VirtualLab.
SUBSCRIPTION PACKAGES
All subscriptions are automatically renewed monthly, app. 30 days from the initial date of purchase of the subscription service. To prevent the service from renewing automatically, you must send a notice of cancelation to subscriptions at binarybiz.com fourteen days prior to renewal. There are no prorations of subscription fees and all one time setup fees are non refundable. Subscription membership in the Service is on a continuous service basis. This means that once you have become a subscribing member, your subscription will be automatically renewed and your credit card will be charged based on the subscription program (annual, quarterly, monthly, etc.) you have chosen. Subscription costs may be changed by BinaryBiz at any time and each renewal of your subscription will be at the then standard renewal cost for the period which you originally selected when you subscribed. Should you breach this Agreement, BinaryBiz will revoke your license to use the Service and suspend your right of access. In such a case, no portion of your subscription payment will be refunded. Should BinaryBiz decide to suspend the subscription service for any reason other than breach, it will refund to you the unused portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service.
SUSPENSION, CANCELLATION AND FRAUD REPORTING
In the event of any dispute, chargeback or sharing of your license your account will be disabled and your license cancelled. All fraudulent orders, chargebacks and suspended/cancelled accounts will be reported to appropriate reporting agencies. Your completion of your order with us indicates your full consent to these terms.
REFUND POLICY:
We have a NO REFUND policy. ALL SALES FINAL. All software from BinaryBiz has a free trial. It can be downloaded from our web site or sales portal. We encourage all users to trial the product before purchasing. BinaryBiz DOES NOT OFFER REFUNDS. The only exception to the NO REFUNDS policy is in the case whereby a customer does not use the product purchased. In such a case BinaryBiz in its sole discretion may offer a refund. All refunds granted will be subject to a 25% handling fee.
Lawful Possession of Data:
You represent to BinaryBiz that you are in lawful possession of any data made available to BinaryBiz, and that you have a lawful purpose to use BinaryBiz services.
Limit of Liability:
The maximum liability of BinaryBiz is the fee you paid us to provide you with the service. Not responsible for unused quota. Unused quota has no cash value.
Agreement to Arbitration:
This Agreement is a binding contract between the VirtualLab user and/or the cardholder and BinaryBiz, and cardholder/user hereby waives his rights to dispute payment provided on behalf of Credit Card Company. The parties mutually agree that in the unlikely event of a dispute, it will be handled by Arbitration services provided by Peacemaker Ministries at http://www.hispeace.org. In the event that a statutory legal entity is required, the parties agree to jurisdiction of a competent court located in United States of America.
Severability and Entire Agreement:
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding written or oral. |
