Last updated on February 2, 2016

These Terms of Use set forth the terms and conditions governing your use of the BackAgent (BA) Websites located at www.backagent.com, *.backagent.net, and any related site maintained and operated by BackAgent (collectively, the “Website”). By using the Website in any manner, you agree to all terms and conditions contained or referenced in these Terms of Use. These Terms of Use apply only to your use of the Website and do not apply to any other Website or any BA product or service, nor change any other agreement between you and BA.

BA reserves the right, in its sole discretion, to modify or change these Terms of Use at any time with or without prior notice to you. You should visit this page periodically to review the current Terms of Use; the date of the last update will be posted at the top of these Terms of Use for your convenience. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes your acceptance of those changes. If at any time you do not agree with these Terms of Use, you must immediately stop using the Website.

Privacy Policy
BA is concerned about your privacy and has developed a policy to address privacy concerns. Please see our Privacy Policy regarding the collection, use and disclosure of information collected on the Website. By using the Website, you are consenting to the terms of our Privacy Policy.

Notice Regarding Children
The Website is intended for adults only. BA does not intend for the Website to collect information from anyone under the age of 13. Information published on the Website is not intended for anyone under the age of 13.

Ownership and Use of Website Information
All information, materials, and other content located on the Website, except noted third-party materials, are the property of BA or its affiliates, and are protected under United States and international copyright laws and treaty provisions. You may download, view, and print content from the Website solely for your personal use. You must maintain and plainly display all copyright and other proprietary notices in the same form and manner as on the original, and otherwise comply with these Terms of Use.

Restrictions on Use
You agree that you will not use the Website or any content located on the Website in any way not explicitly authorized in the preceding paragraph. If you want to use the content of the Website in a manner that is not permitted by these Terms of Use, you must receive BA’ prior written consent. To request such consent, please contact us at 800-492-0062. Without limiting the foregoing, you agree that you will not (a) use the Website or its contents in any way that could overburden, impair, disable or damage any BA server; (b) obtain or attempt to obtain any content or information that has not been intentionally made available on the Website; or (c) use any automated means, such as scripts, screen-scrapers, or Website copying applications, to capture, copy, or otherwise access the Website.

BA reserves the right to revoke your permission to use the Website at any time, and your use shall be discontinued immediately upon such notice from BA.

Links to the Website
You may link to the Website subject to the following restrictions. You agree that you will not (a) include links to any Website page other than the home page (e.g., www.backagent.com, *.backagent.net); (b) "frame" or impose editorial comment, commercial material or any type of identification on or in proximity to content displayed on the Website; (c) alter or modify the Website content, "cut and paste" or otherwise reproduce the Website content on a Website that links to the Website; (d) misrepresent your relationship with BA or the Website or imply that BA or the Website has any connection with, or is endorsing or sponsoring, you or your Website; or (e) present false, misleading or defamatory information about BA or its services. You further agree that you will not link to the Website if content on the linking site contains libelous, defamatory, obscene, pornographic, or patently offensive material. You link to the Website at your own risk; BA is under no obligation to maintain the Website, provide or update the Website content or otherwise support your link to the Website. BA may revoke its authorization for you to link to the Website at any time for any reason or no reason, and you agree to remove any and all links to the Website upon notice by BA.

Links to Other Websites
The Website contains links to other Websites solely as a convenience to persons who visit the Website. BA makes no representations about Websites linked from the Website. The inclusion of any such link on the Website does not imply that BA endorses, recommends or accepts any responsibility for such sites, their content, policies, practices, products, services or companies. We encourage you to read the terms of use and privacy policies of any Website that you visit, including those linked from the Website, as their terms and policies may differ from ours.

No Endorsements
The Website may reference or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation or sponsorship of that party, its product or services, but is merely for informational purposes.

Submissions
Other than information you submit for purposes of receiving information, products, or services, BA does not want to receive confidential or proprietary information from you through its Website or via email. Please note that, other than as set forth in the privacy policy, any information or material sent to BA may not be treated as confidential.

No Warranty
THE WEBSITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, BA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA ACCURACY AND NON-INFRINGEMENT. BA DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

Limitation of Liability
BA DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE WEBSITE, EVEN IF BA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Availability
BA may change the products and services mentioned on or available through the Website at any time without notice. Additionally, all products and services referenced on the Website are subject to availability and qualifications. Terms, conditions, and exclusions not described on the Website may apply. The Website can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that BA intends to make such services or programs available in your country.

Driver & Mobile Use Disclaimer
This website is not intended to be used while driving or performing any other potentially dangerous activity which requires your attention. Using this website while driving or performing any other potentially dangerous activity which requires your attention may be distracting and unsafe for you and other people on the road, and is prohibited under the terms of this Terms of Use. It may also be illegal.

Trademarks
BACKAGENT is a trademark of BackAgent. Marks and trade names not owned by BA and mentioned on the Website are the property of their respective owners.

Governing Law
These Terms of Use and all matters relating to your access to, or use of the Website shall be governed by the laws of the State of Texas. You agree that any legal action or proceeding between BA and you for any purpose concerning these Terms of Use or the Website or in any way related to the Website shall be brought exclusively in a court of competent jurisdiction sitting Harris County in the State of Texas. Any cause of action or claim you may have with respect to these Terms of Use, the Website, or BA must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

No Waiver
BA reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of these Terms of Use. BA’ failure to enforce these Terms of Use in every instance in which it is entitled does not amount to a waiver of BA’ rights. the remaining provisions, and the remaining provisions shall remain in full force and effect.