Terms of Use

DOLLY DRIVE TERMS OF SERVICE

PLEASE READ BEFORE USING CIRRUS THINKING PRODUCTS

This is a legal agreement between you as an individual and Cirrus Thinking LLC (“Cirrus Thinking”), and governs the terms and conditions of your use of Cirrus Thinking Products (as defined below) and any updates that may be provided. This Agreement, along with any written documentation expressly incorporated herein by reference and published from time to time by Cirrus Thinking (collectively, the “Agreement”), constitutes the entire agreement between Cirrus Thinking and you regarding Cirrus Thinking Products, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.

Definition of Terms

a. Cirrus Thinking LLC is referred to herein as “Cirrus Thinking,” “we,” “us,” or “our.”

b. You, as the user, are referred to herein as “you,” “user,” or “customer.”

c. Cirrus Thinking software (whether preinstalled, on a medium, or offered by download and including, without limitation, Dolly Drive), Cirrus Thinking services (including, without limitation, Dolly Drive), Cirrus Thinking websites (including, without limitation, www.DollyDrive.com) and all other software, features, tools, websites, documentation and services provided by Cirrus Thinking LLC are referred to herein as “Cirrus Thinking Products”, “Products”, “Software” or “Services”.

d. Access, installation, usage, and/or registration of Cirrus Thinking Products are referred to herein as “use” or “usage”.

To Use Cirrus Thinking Products You Must Agree to these Terms of Service

By using a Cirrus Thinking Product, you agree to these terms and conditions (“Terms of Service”) and the Cirrus Thinking Privacy Policy. Each time you use a Cirrus Thinking Product, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using the Cirrus Thinking Products. You cannot use Cirrus Thinking Products until you have accepted these Terms of Service. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service.

Acceptable Use

You are solely responsible for your conduct and your data related to the Service. The Products are made available to you only for your personal use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Software or service, including but not limited to selling or distributing the Software and/or Service to any third party.

You agree to defend, indemnify and hold harmless Cirrus Thinking, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Cirrus Thinking Products.

Product License

Cirrus Thinking and its vendors grant you a personal, non-exclusive, non-transferable limited license to install the Products distributed by Cirrus Thinking in object code form only on any computer or device from which you wish to access the Cirrus Thinking service for the sole and exclusive purpose of using the Cirrus Thinking Products in accordance with these Terms of Service.

You agree to install and use a paid subscription to any of the Cirrus Thinking Products on only one device at a time. If you wish to protect multiple devices, each requires a separate paid subscription.

Restrictions on Use of Products

You may access Cirrus Thinking Products only through the interfaces and protocols provided or authorized by Cirrus Thinking. You agree that you will not access Cirrus Thinking Products through unauthorized means. You may not obtain the communications protocol for accessing the Cirrus Thinking service, the Cirrus Thinking Products, or any other Cirrus Thinking services. Cirrus Thinking may offer Products that limit the time, type of files, storage space, or other features. You agree not to attempt to circumvent these limitations in any way.

Equipment

You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed to use the Cirrus Thinking Products. Any charges incurred by you to access Cirrus Thinking are your responsibility.

User Accounts and Passwords

You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your password or the encryption key for your account, you may not be able to access your Data.

Changes to the Service

Cirrus Thinking occasionally will provide automatic upgrades to improve your Cirrus Thinking experience, although these upgrades may not be consistent across all platforms and devices. You agree to take no action to interfere with such automatic upgrades, scanning, and related services. Cirrus Thinking has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Cirrus Thinking Products including, but not limited to, the software, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on Cirrus Thinking servers on your behalf, or the availability of Cirrus Thinking Products on any particular device or communications service. Cirrus Thinking has no obligation to provide you with notice of any such changes.

Fair Use

Cirrus Thinking reserves the right to terminate or suspend accounts of users who violate these Terms of Service or who Cirrus Thinking deems, in its sole discretion, to be “abusers.” Such users may be notified prior to suspension or termination of their accounts; however, Cirrus Thinking is not required to provide prior notice. Any failure by Cirrus Thinking to enforce this policy will not preclude us from enforcing it at anytime in the future, whether for past or current violations.

Intellectual Property

You may not sell, assign, grant a security interest in or otherwise transfer any right in the Products or incorporate them (or any portion of them) into another product. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Products or use them in any way not expressly authorized by these Terms of Service. You may not authorize or assist any third party to do any of the things described in this paragraph.

All trademarks appearing on the Cirrus Thinking Products are the property of their respective owners, including, without limitation, Cirrus Thinking LLC.

Data Collection and Privacy Policy

Cirrus Thinking Products may require you to register and provide certain personal information to Cirrus Thinking, such as name, e-mail address, date of birth, zip code (the “Personal Information”). If you register for any Cirrus Thinking Product, you agree to provide accurate and complete Personal Information and you agree to keep such information current.

The Cirrus Thinking Privacy Policy describes how Cirrus Thinking collects and uses Personal Information. You consent to Cirrus Thinking’s use of your Personal Information under the terms of the Cirrus Thinking Privacy Policy available at www.DollyDrive.com.

Disclaimer of Warranty; Limitation of Liability

DISCLAIMER OF WARRANTIES. YOUR USE OF CIRRUS THINKING PRODUCTS IS AT YOUR SOLE RISK. THE CIRRUS THINKING PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, CIRRUS THINKING AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE CIRRUS THINKING PRODUCTS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. CIRRUS THINKING AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CIRRUS THINKING PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE CIRRUS THINKING PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CIRRUS THINKING PRODUCTS WILL BE CORRECTED. CIRRUS THINKING AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CIRRUS THINKING PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. CIRRUS THINKING PROVIDES THE CIRRUS THINKING PRODUCTS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE CIRRUS THINKING PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING.

LIMITATION OF LIABILITY. CIRRUS THINKING’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CIRRUS THINKING (INCLUDING WITHOUT LIMITATION YOUR USE OF THE CIRRUS THINKING PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE CIRRUS THINKING PRODUCTS. CIRRUS THINKING AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGE, OR ANY OTHER CLAIM RELATED IN ANY WAY FROM YOUR USE OF CIRRUS THINKING PRODUCTS. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CIRRUS THINKING HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CIRRUS THINKING AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Modifications to the Terms of Service

In the event that Cirrus Thinking makes material changes to these Terms of Service, Cirrus Thinking will use commercially reasonable efforts to notify you of the modification either by sending an email to the email address you provided with your registration or by a posting on DollyDrive.com website. You agree to the newly posted Terms of Service by continuing your use of the Cirrus Thinking Products. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using Cirrus Thinking Products and cancel your registration.

The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property and governing law shall survive the termination of these Terms of Service.

Contacting Cirrus Thinking

Users with questions about this Agreement or the Privacy Policy may contact Cirrus Thinking at terms@cirrusthinking.com

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