Watchfire® WebXACT™ Terms of Use

Use of the Service

By accessing or using the Watchfire® WebXACT™ verification service, you acknowledge that you have read, understood and agree to be bound by the Watchfire WebXACT Terms of Use. You may use the Watchfire® WebXACT™ verification service (the “Service”) for your personal, non-commercial use to scan a website page owned by you or otherwise under your management and control.

You shall not:

  1. use the Service to scan a website page that is not owned by you or otherwise under your management and control, unless you have received permission from the person or entity who owns or otherwise has management and control of such website page;
  2. use the Service to process or permit to be processed the data of a third party;
  3. except as specifically set out above, use the Service to publish, or provide to a third party, any scan results;
  4. alter, merge, adapt, modify, translate, or create derivative works based on the Service; or,
  5. access the Service with any automated software program unless you have been granted permission to do so by an authorized signing officer of Watchfire.

No Additional Rights

You acknowledge and agree that except for the rights expressly granted above, all other right, title and interest in and to the Service, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights remain the sole and exclusive property of Watchfire, its suppliers and/or its licensors. You are not authorized to use Watchfire’s name or any of its trademarks or those of its suppliers and/or its licensors in any manner whatsoever, absent prior written approval from Watchfire.

Disclaimer of Warranties and Limitation of Liability

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE. WATCHFIRE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR WITHOUT DELAY. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE. NEITHER WATCHFIRE NOR ITS SUPPLIERS OR LICENSORS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WATCHFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. WATCHFIRE IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. WATCHFIRE’S MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF ITS SUPPLIERS AND LICENSORS SHALL NOT EXCEED ONE US DOLLAR ($1 USD). THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Copyright © 2003-2004 Watchfire Corporation. All Rights Reserved