This website is offered by Neverfail Inc. and its group companies (hereafter referred to as Neverfail Group) to you, the user, conditioned upon your acceptance without modification of the terms and conditions set forth herein. Your use of this website constitutes your agreement to all of the following terms and conditions.
General Use Provisions
All materials provided on this website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (“Materials”), are provided either by the Neverfail Group or by third party manufacturers, authors, developers and vendors (“Third Party Providers”) and are the copyrighted work of Neverfail Group and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of the Neverfail Group. Also, you may not “mirror” any Materials contained on this website on any other server without the Neverfail Group's prior express written permission. You may not create links to this website from other sites on with the express written permission of Neverfail Group and in compliance with all applicable laws.
Except where expressly provided otherwise by the Neverfail Group, nothing on this website shall be construed to confer any license offer for license or sale under any of Neverfail Group's or any Third Party Provider's intellectual property rights, whether by implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by the Neverfail Group and as such; the Neverfail Group makes no warranty with respect to its contents. The Neverfail Group does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by The Neverfail Group.
The Neverfail Group hereby grants you permission to display, copy, distribute and download the Neverfail Group's Materials on this website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. However, the Neverfail Group makes no warranties or representations as to the accuracy, quality, suitability or completeness of such Materials, and the Neverfail Group assumes no liability or responsibility for errors or omissions in the content of this website. Your use of this website is AT YOUR OWN RISK. Under no circumstances and under no legal theory shall the Neverfail Group be liable to you or any other person for any damages suffered as a result of using, modifying, contributing, copying, distributing or downloading the Materials. In no event shall the Neverfail Group be liable for any direct, indirect, special, incidental, exemplary, or consequential damages arising from or in connection with the use or performance of any Materials (including software) available from this website, even if the Neverfail Group has been previously advised of the possibility of such damage. You agree to hold the Neverfail Group harmless from, and you covenant not to sue the Neverfail Group for, any claims based on or related to the use of this website (including software and other Materials available therefrom).
Limitation of Liability
IN NO EVENT WILL NEVERFAIL GROUP OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THIS WEBSITE, OR OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any computer software that may be downloaded or is otherwise available from the Neverfail Group website is licensed subject to the terms of its associated license agreement only, unless expressly stated otherwise. Except as expressly permitted in the applicable license agreement, you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on the Neverfail website without Neverfail Group's express prior written consent. Neverfail Group retains title to any such software downloaded from the Neverfail Group website and you are granted only a non-exclusive license to use such software in accordance with the applicable license agreement. Such software is warranted, if at all, only according to the terms of the license agreement. EXCEPT AS EXPRESSLY WARRANTED IN THE ASSOCIATED LICENSE AGREEMENT, ALL SOFTWARE IS SUBJECT TO THE DISCLAIMERS SET FORTH IMMEDIATELY BELOW. Neverfail Group reserves all other intellectual property rights in and relating to such software. Reproduction or redistribution of the software is prohibited except as provided in the applicable license agreement.
Links to Third-Party Sites
This website may contain links to websites operated by parties other than the Neverfail Group . Such links are provided for your convenience and reference only. The linked sites are not under the control the Neverfail Group, and the Neverfail Group is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of a link does not imply any association with their operators or any endorsement of the linked site by the Neverfail Group. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
The Neverfail Group controls this website from its US headquarters in Austin, Texas, United States of America. It can be accessed from all fifty states as well as from countries around the world. While each of these places may have laws that differ from those of Texas, you and the Neverfail Group agree that the laws of the state of Texas, without regard to the conflicts of laws and provisions thereof, shall apply to all matters relating to the use of this website. The Neverfail Group makes no representation that the Materials conform to your local laws, and if you are accessing this website from a location outside Texas, you alone are responsible for compliance with your local laws.
You agree that you will not directly or indirectly, (i) use the Materials for nuclear activities, chemical biological weapons or missile projects unless authorized by the U.S. Government, or (ii) export, re-export, or knowingly permit the export or re-export of the Materials, nor any direct product therefrom, to any country to which the United States has embargoed goods, to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial orders, or to any country for which the United States Export Administration Act, or any similar United States law or regulation, requires an export license or other U.S. Government approval, unless the appropriate export license or approval has first been obtained. By downloading or installing any Software available on or through this website, you agree to abide by this Export provision.
No Unlawful or Prohibited Use
As a condition of your use of this website, you agree that you will not use this website or the information or software contained herein for any purpose that is unlawful or prohibited by these terms and conditions.
No Business Relationship Created By Your Use
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Neverfail Group as a result of your use of this website. If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable-and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
This website may include inaccuracies or typographical errors. The Neverfail Group may make improvements and/or changes in the products, services, programs, and prices described in this website at any time without notice. The Neverfail Group may periodically make changes to the website. The Neverfail Group reserves the right to change these terms and conditions without notice at any time by updating this posting. Any and all rights not expressly granted herein are reserved by the Neverfail Group.
Copyright and Trademark
All contents of this website are Copyright 2006-2007 by the Neverfail Group with US offices at 3839 Bee Caves Road, Suite 100, Austin, Texas 78746. All rights reserved. You may not reproduce copy or redistribute the design or layout of the Neverfail Group website or individual elements of the website design without the express written permission of Neverfail Group, Neverfail is a trademark of Neverfail Group. All other trademarks, including Microsoft, Windows, Exchange, SharePoint, SQL Server, File Server, IIS and BlackBerry are trademarks of their respective companies.
Personal Information. Although most areas of our site can be accessed without submitting any personal information, some areas require certain personal information from you. This personal information includes domain name, information regarding what pages are accessed, information volunteered by you such as survey information, email address, or site registrations, and your preferred means of communication. The Neverfail Group uses this personal information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients. In addition, the Neverfail Group automatically receives and records information on our server logs from your browser, including your IP address, cookie information, and the page you request. If you have submitted personal information to the Neverfail Group and would like that information modified or deleted from our records, please contact us at email@example.com. We will use reasonable efforts to delete your personal information from our existing files.
Non-personal information is data about usage and service operation that is not associated with a specific personal identity. The Neverfail Group collects and analyzes non-personal information to evaluate how visitors use the Neverfail Group websites.
Sharing of Information
The Neverfail Group does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
- We provide the information to trusted partners who work on behalf of or with the Neverfail Group under confidentiality agreements. These companies may use your personal information to help the Neverfail Group communicate with you about offers from the Neverfail Group and our marketing partners. However, these companies do not have any independent right to share this information.
- We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
All of the Neverfail Group's employees and contractors are dedicated to maintaining and upholding your privacy and security and are aware of our privacy and security policies. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. In addition, we have physical, electronic, and procedural safeguards to protect personal information about you. Unfortunately, no data transmission over the Internet can be guaranteed 100% secure. As a result, while we strive to protect your personal information within our systems, the Neverfail Group cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
External Links and Third Party Sites
The Neverfail Group's web site contains links to other web sites. The Neverfail Group is not responsible for the content of these web sites or their privacy policies.
“We chose Neverfail for continuous application availability because it is the only solution on the market that protects our key business applications with simple one-click failover and failback between sites.”