Terms and Conditions
Please read them carefully because they form a legal agreement between you (either an individual or a legal entity) and Kromtech Alliance Corp., with its principal office at Sea Meadow House, Blackburne Highway, P.O. Box 116, Road Town, Tortola, British Virgin Islands (or BVI) (hereinafter referred to as “Kromtech”) (each a “Party” and together, the “Parties”) for the use of the MacKeeper Website and MacKeeper Account.
Only persons aged 13 years or older can create a MacKeeper Account. You represent and warrant that if you are an individual, you are at least 13 years old, you are of legal age to agree to this agreement, or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful.
If you register for an account on the MacKeeper Website, you will be required to provide your email address and a password, which we will store to create an individual user account for you. To protect your MacKeeper Account, keep your password confidential. You are responsible for the activity that happens on or through your MacKeeper Account.
This information will be used only by Kromtech. Kromtech will not contact you other than to send you Mac Tutorials, Exclusive Offers, Insider Deals, and Newsletters. You can change your subscription preferences or unsubscribe directly from any Kromtech letter that you don't like anytime.
You may use your MacKeeper Account to:
activate your license;
transfer your License from one of your computers to another through your MacKeeper Account and use License only on one computer at once;
activate the Anti-Theft feature;
review Anti-Theft reports;
ask your personal geek Mac-related questions.
You may not engage in any of the following prohibited activities:
copying, distributing, or disclosing any part of the MacKeeper Website in any medium, including without limitation by any automated or non-automated "scraping";
using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the MacKeeper Website;
transmitting spam, chain letters, or other unsolicited email;
attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the MacKeeper Website;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on the MacKeeper Website infrastructure;
uploading invalid data, viruses, worms, or other software agents through the MacKeeper Website;
collecting or harvesting any personally identifiable information, including account names, from the MacKeeper Website;
using the MacKeeper Website for any commercial solicitation purposes;
impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
interfering with the proper working of the MacKeeper Website;
accessing any content on the MacKeeper Website through any technology or means other than those provided or authorized by Kromtech;
bypassing the measures that we may use to prevent or restrict access to the MacKeeper Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the MacKeeper Website or the content therein.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW NEITHER Kromtech NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS AND CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF THE MacKeeper Website AND MacKeeper Account OR OTHERWISE IN CONNECTION WITH THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS THAT ARE DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF MacKeeper Account AND MacKeeper Website IS AT YOUR SOLE RISK. MacKeeper Account AND MacKeeper Website ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND Kromtech, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. Kromtech DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MacKeeper Account OR ON THE MacKeeper Website WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF MacKeeper Account OR MacKeeper Website WILL BE CORRECTED. FURTHERMORE, Kromtech DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MacKeeper Account OR MacKeeper Website IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. KROMTECH DOES NOT GUARANTEE THAT ANY ORAL OR WRITTEN INFORMATION OR ADVICE THAT IS GIVEN BY Kromtech, Kromtech AUTHORIZED REPRESENTATIVE OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO MacKeeper Account OR MacKeeper Website. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS THAT ARE DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU. Kromtech PROVIDES NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA THAT YOU DOWNLOAD FROM MacKeeper Website. YOU ASSUME THE ENTIRE RISK OF OPERATING AND USING THE WEBSITE AND ACCOUNT.
You agree to defend Kromtech, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand and/or actions and indemnify and hold Kromtech, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys' fees), resulting from your breach or violation of this License, infringement, misappropriation or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of MacKeeper Account OR MacKeeper Website. Kromtech reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Kromtech upon its request.
LIMITATION OF SUPPORT
Kromtech will make an effort to provide you with email, phone and chat support pertaining to your use of MacKeeper Account and MacKeeper Website. The said support will be limited to topics within the domain of basic usage of MacKeeper Account and MacKeeper Website.
TECHNICAL AND RELATED INFORMATION
Kromtech and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. Kromtech and its subsidiaries are free to use this information in any form that does not personally identify you or your computer. Any collection of technical and related information by Kromtech and its subsidiaries shall be limited in such a manner that Kromtech and its subsidiaries will not be capable of reconstructing the contents of files and folders that you use from within any Kromtech product or any other personal files and folders that are accessible to Kromtech products when you use any of them.
TERM AND TERMINATION
The Terms commence on the date when you first indicate your acceptance of these terms, and will continue in effect until otherwise terminated in accordance with this Agreement.
Termination by You
At any time you can unsubscribe from any Kromtech notification emails. You can also correct material inaccuracies in Personally Identifiable Information, such as account or contact information in the MacKeeper Account. If you want to delete your account or your personal information that is stored in our databases or want to opt-out of our services, please contact our Customer Support.
Termination by Kromtech
These Terms are effective until terminated. Without prejudice to any other rights, Kromtech may immediately terminate these Terms if you fail to comply with any terms of this Agreement. In such event you must cease all use of Kromtech’s Products and destroy all copies of Kromtech’s Products that are in your possession. Inaction of Kromtech to terminate this Agreement after you fail to comply with any of the terms that are set out in this Agreement does not imply a waiver of any kind of the rights that are reserved by Kromtech under this and other provisions.
COPYRIGHT AND RESTRICTIONS
All title, ownership rights and intellectual property rights in and to the Content and Services and any and all copies thereof, are owned by Kromtech or its licensors. All rights that are not specifically granted by Kromtech are reserved by Kromtech. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of MacKeeper Account or MacKeeper Website. Kromtech is willing to provide you with the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Kromtech is the subject of copyright and other intellectual, industrial, or proprietary rights of Kromtech and/or third parties.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be interpreted, construed as if both Parties jointly wrote it, and shall be governed by English law. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org). The language of the arbitral proceedings shall be English.
All claims must be brought in the parties' individual capacity, and not as a claimant or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims.
SURVIVAL OF PROVISIONS
These Terms and Conditions by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the MacKeeper Website shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Kromtech or any third party.
CHANGES TO THESE TERMS AND CONDITIONS
Kromtech reserves the right at any time and at its sole discretion to modify and alter these Terms and Conditions with or without prior notice to you. It is your sole responsibility to periodically check for changes in this Agreement. In case you do not agree with these changes please do not use MacKeeper Website and/or MacKeeper Account.
We are open to any questions on these Terms and Conditions. Please address all your concerns to email.