Last Updated on April 19th 2017. These terms and conditions are effective immediately for those registering accounts after that date.
These terms and conditions (the “Terms”) govern your access to and use of Apogee’s websites and mobile applications that link to or reference these Terms (“Site”). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Apogee Global Inc., a Utah corporation headquartered in Salt Lake City, Utah (“Apogee”). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
Apogee and ASYSTGUARD are the Trade marks of Apogee Global Inc. “www.apogeetechglobal.com” is the name and style under which Asystguard Cyber Security provides its services. All references to Apogee refer to Product & Services provided by Apogee Global Inc.
“Apogee” Services include any Apogee Service Plan or Product Plan or Plan Order that you enter into with Apogee through use of the Apogee web portal located at Apogee (the “Apogee Portal”). These Terms govern and apply to all Apogee plans available through the Apogee Portal, and any use of the Apogee Portal. In the event of any conflict these Terms will prevail and control any Plan Order Form that you submit requesting Services (“Plan Order”).
“Materials” means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Apogee Portal. Materials are the proprietary and copyrighted work of Apogee and/or licensors and its suppliers.
“Software” means a computer program of any kind, whether owned by Apogee or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws.
SCOPE OF SERVICES
You may initiate the Services via telephone, via the Site, or other means made available. Apogee will use commercially reasonable efforts to answer your technology problem and resolve any issue. Apogee technicians; the customer is entitled to call the provided toll free number for relevant diagnostic assistance.
YOU ARE SOLELY RESPONSIBLE FOR CREATING A BACK UP AND MAINTAINING FOR ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS IN RELATION TO OR PERTAINING TO THE DEVICE (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR DEVICE AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT APOGEE OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES. APOGEE DOES NOT PROVIDE SEPARATE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.
The Services may sometimes not be successful because the problem may be beyond our ability to resolve . If you have purchased an Individual Service from Apogee, then the following warranty applies: if we are not able to answer your question or resolve your technology problem and you have complied with all of your obligations under these Terms, we will not charge you a fee for the Individual Service. If you experience a problem with the resolution we provided, please call us at our specified number or mail us at email@example.com and we will support you to the best of our efforts to try to resolve your problem at no additional charge. If those efforts are unsuccessful, we will refund the fees that you paid for the Individual Service
Apogee makes no warranties or representations with respect to advice, guidance, information or other content posted to the Community portion of the Site or otherwise supplied to the Site by any third party, and expressly disclaims all warranties, express or implied, with respect to Community content and other third party content available on the Site.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APOGEE DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR TECHNOLOGY PROBLEM. APOGEE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
USE OF SOFTWARE AND TOOLS
You acknowledge and agree that use of all Apogee software and third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to the license agreements that may appear or be referenced when you access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that we may download and utilize Software from third party Web sites and accept any applicable license agreements on your behalf. You hereby acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software. You may use the Apogee Software only in connection with the Services and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to your Device during the Services after we have completed or terminated the Services.
ACCEPTABLE USE POLICY (AUP)
GUESTS: LIMITED PERMISSION TO USE OF APOGEE PORTAL
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Apogee has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made. As a Guest you may use the Apogee Portal and Materials (defined below) specifically designated as available to guests on the Apogee Portal for the limited purposes of (a) deciding whether to sign-up to the Services provided by Apogee, (b) registering with Apogee and submitting Plan Orders only. The foregoing grant of access is a non-exclusive and is revocable
Apogee may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with Apogee’s employees and others as appropriate to your Service under a Plan Order (each a “Communication Service” and collectively “Communication Services”). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose
LIMITED PERMISSION TO USE THE APOGEE PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below) posted on the Apogee Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL USE RESTRICTIONS
Any other use of the Apogee Portal, Services, Materials or Software, other than as explicitly permitted by Apogee is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Apogee and its suppliers. Reverse engineering and de-compilation of the Software is strictly prohibited.
You must cooperate with Apogee and promptly respond to our requests for information and comply with our requests to take actions to resolve your technology problem. In order to help resolve your technology issue, you may be required to consent to the downloading and use of Software on your Device and accept all applicable license agreements for the Software
In connection with obtaining Services, you agree that you will
Co-operate with the Apogee Engineer: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected with close coordination cooperation between you and the engineer. Please listen carefully to the engineer and follow the engineer’s instructions. You must confirm that the following conditions are true
The situation giving rise to the question is reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals
You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident
The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with Apogee support personnel
Software/Data Backup: You understand and agree that www.apogeetechglobal.com shall under no circumstance be responsible for any lost or corrupted software or any kind of data belonging to you on the device being serviced or any external device connected to it in anyway, while performing the Services for you. Apogee strongly recommends that you at all times maintain a complete back up of data and disaster recovery plan.
Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You hereby agree to notify www.apogeetechglobal.com immediately of any unauthorized use of your account or any other breach of security. Apogee will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Apogee or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
FEES AND PAYMENT
The applicable fees for the Services you order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on your credit card and you agree to pay the charges applicable to the Services selected by you, as well as any applicable taxes. The service plan is a one-time payment, which validates the work done. After the work has been performed, if the user/customer has any software issues thereafter, which may or may not have been directly or indirectly related to work done by Apogee technicians; the customer is entitled to call the provided toll free number for relevant diagnostic assistance. Unless you have purchased a special offer the default Service Charge that specifically provides other terms for cancellation and/or refund, you may cancel any Service Charge within thirty (30) days following your purchase of the Service Charge, by contacting Apogee where after, the fees for the Service Charge shall be refunded back to you.
The Services may not always be available in your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions.
In order to obtain Charge Services, you must at all times have current and functional antivirus software in place and running on your Device. Failure to maintain such software may result in additional charges and fees. In order to purchase Charge Services, your covered Device(s) must be virus free (as determined by us) at the time that you purchase the Charge Service. If We determine that your Device is infected by a virus, we may require that you purchase a service to clean your Device prior to obtaining Charge Services.
Apogee reserves the right to terminate your Service, upon notice, if Apogee determines, in its sole business judgment, that your Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than you, (d) for any Device other than a registered system, (e) unreasonably, or (f) in excess of five (5) completed, in-scope Service incidents per any ninety (90) day period. In the event that your Service is terminated, Apogee will refund to you a pro rata portion of any fees that you have prepaid for the Services. Services may be subject to additional requirements, limitations, and restrictions depending on the charge level you purchased. Please refer to the Site for details on those restrictions.
It may be necessary for Apogee to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the software installed on its and your computer system(s), which may temporarily degrade the quality of the Services or result in a partial or complete outage of the Software. Apogee provides no assurance that you will receive advance notification of such activities or that the Software or Services will be uninterrupted or error-free. Unless otherwise agreed to in writing between you and Apogee, any degradation or interruption in the Software or Services shall not give rise to a refund or credit of any fees paid by you.
USE OF THE SERVICES
Your use of the Services is only for your personal and internal business purposes on your technology, and not for commercial use, including resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of your technology or providers of services relating to such technology, to access or use the Services.
USE OF THE CONTENT
You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) Apogee’s trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to you in connection with the Services do not constitute a sale or transfer of title.
Apogee reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from Apogee. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of Apogee. Any rights not expressly granted herein are reserved by Apogee
You shall not: (a) “mirror” any Content on the Site on any other server without Apogee’s prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of Apogee or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.
If you have purchased Family or Home Office Services, you may obtain Services for the permitted number of personal computers, provided that all of those computers are located at a single physical address or, under the Family Plan only, are with a student at a school, college or university in North America Region. Personal computers located at any other physical address cannot be added to the Family or Home Office Charge
If you have purchased Business Services, you may obtain Services for the permitted number of computers belonging to your business. Each of your computers covered by your Business Services will receive a unique identifier. You may not obtain services for your business computers unless the identifier matches a record in our system. If you wish to remove one business computer/device from your Business Services and substitute another business computer/device, please contact us. It’s at the sole discretion of Apogee to accommodate such a request.
MODIFICATIONS TO THE SERVICES
We reserve the right, for any reason, in our sole discretion and without notice to you, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and we will not be liable to you or to any third party for doing so.
While we use reasonable security measures to deliver the Services, you understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information you submit to us will be free from unauthorized intrusion
All comments, feedback, information (other than your personally identifiable information (PII) or billing information) or materials submitted to Apogee (“Submissions”) shall be considered non-confidential and Apogee’s property. By providing such Submissions to Apogee, you agree to assign to Apogee, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Apogee shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. As part of any Services purchased by you, you acknowledge and agree that Apogee may retain some of your personally identifiable information (PII) or billing information for purposes of record retention and for purposes of billing any of the Services, which shall not be subject to the foregoing assignment provision. You acknowledge that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You hereby represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site, or any service or feature made available on or through the Site, any materials which are, do, or could reasonably be construed to be or do any of the following: restrict or inhibit anyone from using and enjoying the Site or the Site’s services.