By using the Service, you agree that you are at least the legal age of majority in the jurisdiction in which you reside. The Service and our Site are only offered and available to users who are at least eighteen years of age or older.
THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICE, ARE LEGALLY BINDING, LIMIT TORGUARD’S LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY TORGUARD AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICE.
These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.
Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site, and any Service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. If you are using the Torguard VPN network, you agree that subscriber connections to the TorGuard VPN network are limited to no more than eight simultaneous connections on the standard plan and twelve on Pro and Business plans. Proxy clients are limited to eight simultaneous connections.
You are responsible for both:
• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. You are solely and fully responsible for all activities that occur under your username, password, or account. Torguard may assume that any communications it receives through your account have been made by you unless Torguard receives notice otherwise. Torguard expressly disclaims any liability from misuse of your account.
You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by the individual that is the subject of the account, and who is of the age of majority. We generally do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice.
YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, ORDERS, PAYMENTS, FINANCIAL TRANSACTIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.
Intellectual Property Rights and Ownership of Service
The Site and its entire contents, features, and functionality, including without limitation all information, copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, displays, video, logos, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively, the “Content”), are all proprietary and owned or controlled by Torguard, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the fullest extent possible.
These Terms permit you to use the Site and Content for your personal, non-commercial use only. A limited, revocable, nontransferable license is granted to temporarily download one copy of the intellectual property displayed via the Service for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, copying the Content, modifying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of Torguard or its licensors. This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by Torguard at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by Torguard. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any Content on the Site is transferred to you, and all rights not expressly granted are reserved by the Torguard. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Torguard owns and uses trademarks on the Service, including but not limited to TORGUARD and all related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of the Torguard. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Some features of the Service may require you to make certain payments. Any fees that Torguard may charge you for your use of or access to the Service are due immediately when charged by Torguard. Torguard reserves the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. Torguard, in its sole discretion, may offer credits or refunds on a case-by-case basis and in accordance with our return policy. Fees will be displayed in United States Dollars. By confirming your purchase at the end of the checkout process, you agree to accept and pay the fees as well as all applicable taxes and currency conversion fees.
Torguard may use third party services to process payments, which have their own separate terms of service. While Torguard will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, Torguard expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold Torguard harmless for any damages that may result therefrom.
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your account. In addition, verification of information may be required prior to the acknowledgment or completion of any purchase or transaction. We reserve the right to refuse or cancel any purchase or transaction for any reason including limitations on availability, inaccuracies, or errors in service or pricing information, or other problems identified by us, such as fraud.
Torguard may request a pre-authorization for some purchases made online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. We are not responsible for any fees or charges that your bank or credit card issuer may apply.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Automatic Renewal and Cancellation of TorGuard Subscription Policy
TorGuard also offers the Service on a paid, subscription- based basiss (each a “Subscription”) through one or more of our participating third- party merchants. If you purchase a Subscription, you acknowledge and agree that PAYMENTS ARE CHARGED ON THE DAY YOU SIGN UP FOR THE SERVICE AND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY, QUARTERLY, SEMI-ANNUAL, OR ANNUAL BASIS, DEPENDING ON WHICH SUBSCRIPTION PLAN YOU PURCHASE.
YOUR SUBSCRIPTION WILL ALSO CONTINUE INDEFINITELY UNTIL TERMINATED BY YOU OR US IN ACCORDANCE WITH THESE TERMS.
You further acknowledge and agree that your Subscription has an initial and recurring fee (“Subscription Fee”), which shall be determined by the quote accepted by and provided to you when you purchase a Subscription. By purchasing a Subscription, you accept responsibility for, and agree to pay, all Subscription Fees prior to cancellation of your Subscription. You affirmatively and expressly authorize us to process an invoice when your Subscription begins, and then again at the beginning of any subsequent renewal term. If your payment details change, your card provider may provide us with the updated payment details, and we reserve the right to use these updated details for future charges in order to help prevent any interruption to the delivery of Service.
Upon renewal of your Subscription, if TorGuard does not receive payment from your payment provider, or your debit or credit card declines, (a) you agree to pay all amounts due on your account upon demand, and (b) you agree that TorGuard may either terminate or suspend your account and Subscription and continue to attempt to charge you until payment is received (upon receipt of payment, your account will be re-activated, and for purposes of automatic renewal, your new Subscription will begin as of the day payment was received). If the price to renew your Subscription increases, or any terms regarding the automatic renewal or your Subscription changes, TorGuard will notify you of any such increase or change in writing at least sixty (60) days prior to the commencement of the next renewal term to or in which the increase or change applies.
YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS TO AVOID INCURRING A SUBSCRIPTION FEE FOR THE NEXT RENEWAL TERM. You may cancel your subscription at any time.; The account will remain active for the remainder of your billing cycle, but you will not be charged for the next renewal term unless you purchase another Subscription.
In the event you purchase a free trial version of the Service, you also acknowledge and agree that the free trial will become a Subscription after seven (7) days (the “Free Trial Period”), and that you will be charged a Subscription Fee based upon the Subscription plan you chose for the free trial. IF YOU DO NOT CANCEL YOUR FREE TRIAL BEFORE THE END OF THE FREE TRIAL PERIOD, YOU AGREE TO PAY THIS RECURRING SUBSCRIPTION FEE UNTIL YOU CANCEL YOUR SUBSCRIPTION, IN ACCORDANCE WITH THIS POLICY.
To cancel a free trial or Subscription:
If you have any questions about automatic renewal, your Subscription, or our cancellation procedures, please contact us at [email protected].
If you are a first-time customer that is less than 100% satisfied with either the TorGuard.net VPN or Proxy services, ordinarily we will gladly refund your payment if the refund is requested within seven days from the date of the purchase. Requests made after seven days will typically be denied. Additionally:
- Dedicated IP's of any kind, Streaming, Residential or Regular are excluded from refunds, Geo location, blocks and Info from third party sites do not merit a refund.
- Refunds will be withheld in the event of a terms of service violation.
- Gift Card payments are not eligible for refunds.
- Crypto Payments are not eligible for refunds.
- Refunds for users who purchase an offer that includes a free device will be denied if their item has currently left our warehouse.
Products, Content, and Specifications
All Content, including specifications, products, and prices of products, on the Site is subject to change at any time without notice. Certain measures and descriptions are approximate and are provided only for your convenience. Torguard makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors. The actual color you see, however, may depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. By using the Service, you acknowledge and agree that you are responsible for filing any claims with carriers for damaged or lost shipments.
Accuracy of Information and Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. Torguard attempts to ensure that information on this Site is complete, accurate, and current. However, despite our efforts, the information on this website may occasionally be inaccurate, incomplete, or out of date. Accordingly, we do not warrant the completeness, accuracy, timeliness, or usefulness of any information on this Site, and any reliance you place on such information is strictly at your own risk. For example, products included may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Ste. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to limit the order quantity on any product and to refuse service to any customer. We also may require verification of information prior to the acceptance or shipment of any order.
We disclaim all liability and responsibility arising from any reliance placed on any materials or information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Torguard, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Torguard. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to this Site
Creating or maintaining any link from another website to any page on this Site, or running or displaying this Site or any material displayed on this Site in frames or through similar means on another website, without Torguard’s prior written permission, is strictly prohibited. Any permitted links to this Site must comply will all applicable laws, rules, and regulations. In the event you are permitted to link to this Site, you must also do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part; establish a link from any website that is not owned by you; or otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice, and we may disable all or any social media features and any links at any time without notice in our discretion.
The Service may provide links to other third-party websites (“Linked Sites”). Torguard has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. Torguard is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by Torguard of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of Torguard. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. Torguard makes no representation or warranty as to any Linked Site content, products, or services, and you agree that Torguard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.
AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.
You may use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Site or any Services:
Additionally, you agree not to:
You are solely responsible for your transmissions through Torguard’s encrypted email services. As a condition of your use of the Email Service, you specifically represent and warrant to TorGuard ,that you will not use the Service for any unlawful purpose. Our services are provided to individuals only and for personal use only;. any unauthorized commercial use of the TorGuard Services, or the resale of Services, are expressly prohibited.
Export Control Policy
You may not 'export our Services or any' software to any prohibited countries listed on the Commerce Control List, or that are otherwise prohibited by the United States. This prohibition on '‘exports'’ means you may not send the Services or software itself to such countries but it also means you may not carry your own personal computer containing software or accessing Services into or through such countries.
Anywhere in the world, even inside the United States, you may not transfer this software (or a computer containing this software) to certain persons or organizations or companies listed on the Denied Parties List, or that are otherwise prohibited by the United States. Do not deliver or transfer our Services or software or a computer containing them to a national or resident of a foreign country anywhere in the world without first checking the Denied Parties List and ensuring it is permitted by law..
By downloading or using our Services, software, or encryption services, you accept full and personal responsibility and agree to comply with all applicable export control laws.
Your User Contributions may be posted and transmitted to others at your own risk. We cannot control the actions of other users of the Service with whom you may choose to share your User Contributions. All User Contributions may be retained by us indefinitely, even after you terminate your account. By submitting any User Contributions, you grant to Torguard a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Contributions in any manner, including to create derivative works, without any compensation or notice to you. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, transmit, publish, broadcast, develop, manufacture, market, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose whatsoever. Torguard will have no liability related to any User Contributions.
Monitoring and Enforcement; Termination
We have the right to:
However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
YOUR USE OF THIS SITE AND OUR SERVICE IS AT YOUR RISK. THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE, AND WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SITE.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE. THE MATERIALS ON THIS WEBSITE MAY BE OUT OF DATE, AND TORGUARD MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH MATERIALS. TORGUARD MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS ON THE SITE OR SERVICE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TORGUARD HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. TORGUARD MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
ADDITIONALLY, IN NO EVENT WILL TORGUARD, ITS RESPECTIVE MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS SITE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, BUSINESS INTERRUPTION, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY INFORMATION OR MATERIALS ON THE SERVICE, ANY LINKED SITES, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR SITE IS TO STOP USING THE SERVICE AND SITE. MOREOVER, IN THE EVENT OF ANY PROBLEM WITH THE PRODUCT THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURN POLICY POSTED ON THIS SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Torguard and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good, product, or service purchased through the Service, (b) violation of these Terms by you, and (c) the acts or omissions of any other user. If you fail to promptly indemnify and defend a covered claim, Torguard shall have the right to defend itself, and in such case, you shall promptly reimburse Torguard for all of its associated costs and expenses. Torguard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.
Arbitration, Choice of Law, and Venue
Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be submitted to and settled exclusively by binding arbitration, in accordance with the provisions of this section, subject only to any applicable requirement of law that you and Torguard engage in a preliminary, non-binding mediation or arbitration. Binding arbitration shall be conducted in accordance with the American Arbitration Association’s rules (the “AAA Rules”). Arbitration shall be held in Orange County, Florida, and shall be held before an arbitrator selected pursuant to the AAA Rules who shall have no personal or pecuniary interest, either directly or indirectly, from any business or familial relationship with either you or us. The arbitrator(s) shall be bound to adjudicate all disputes in accordance with the laws of the State of Florida and all decisions of the arbitrator will be final, binding, and conclusive on you and Torguard. Either you or Torguard may seek confirmation of the arbitration award in the Florida state courts in and for Orange County, Florida, and both parties hereby consent to the exclusive jurisdiction and venue of the Florida state courts in and for Orange County, Florida, in any claim or action arising under this arbitration provision.
YOU AND WE ALSO AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL. ADDITIONALLY, UNLESS YOU AND WE AGREE OTHERWISE, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF.
All costs and expenses, including reasonable attorneys’ fees and experts’ fees, incurred by you or Torguard in any dispute that is determined and settled by arbitration or some other proceeding pursuant to these Terms shall be borne by the party determined to be liable in respect to such dispute; provided, however, that if complete liability is not assessed against only one party, then you and Torguard will share the total costs in proportion to their respective amounts of liability so determined. Except where clearly prevented by the area in dispute, you and we agree to continue performing their respective obligations under these Terms until the dispute is resolved.
If it is determined that arbitration is not permitted, has been waived, or is otherwise unavailable, then the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms shall be an appropriate state or federal court located in Orange County, Florida. You and Torguard hereby submit to the personal jurisdiction of the State of Florida and the jurisdiction and venue of said courts. You and Torguard further agree that the laws of the State of Florida, without regard to the principles of conflict of laws, shall govern these Terms and any dispute, claim, or controversy that has arisen or may arise related to these Terms. This paragraph shall not be read to conflict with the mandatory arbitration provision.
Waiver and Severability
No waiver by the Torguard of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Torguard to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Changes to the Terms and Service
We may revise and update these Terms from time to time in our sole and absolute discretion. All changes are effective immediately when we post them. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the Service and Site immediately. We may also update our Content from time to time, but such Content will not necessarily be complete or up-to-date. Any Content, including any and all material on the Site, may be out of date at any given time, and we are under no obligation to update such.