Terms and Conditions
Last Updated: January 26, 2021
Using our website requires that you abide by the following Terms and Conditions. This document is an important part of using the website.
THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND ABSOLUTE SOFTWARE CORPORATION (“Absolute”, “We”, “we”, “Us”, “us”, “Our” or “our”), THE OWNER AND OPERATOR OF THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT AND WITH ANY CHANGES HERETO THAT ABSOLUTE MAY PUBLISH FROM TIME TO TIME (COLLECTIVELY, THE "Terms and Conditions").
These Terms and Conditions govern your (“You”, “you”, “Your” or “your”) use of the www.absolute.com website (the “Site”), including, without limitation, your access and downloading of text, materials, documents, advertising and promotional materials, press releases, white papers, books, content, media, graphics, videos, images or other pictorial or graphic works and related informational materials (collectively, the “Content”).
- Authority to use the Site and no use by minors. The Site is not available to minors (e.g., persons under the age of eighteen) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all access and use of the Site. If your use of the Site is on behalf of a corporation or other entity, you represent and warrant that such party has full knowledge of your actions and has consented thereto and that you have the authority to bind such entity to these Terms and Conditions.
- General acknowledgement and changes to these Terms and Conditions. Your use of the Site constitutes your acknowledgment and acceptance of these Terms and Conditions, and you shall be bound by such Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, do not use or access any portions of the Site. Absolute may, at any time and from time to time at its sole discretion, update, revise, supplement, replace, and/or otherwise modify these Terms and Conditions and/or impose new or additional rules, policies, terms, or conditions on You with respect to use of the Site, without specific notice to you. Such updates, revisions, supplements, replacements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Revised Terms”) will be effective immediately upon the Revised Terms being posted to the Site or by Absolute otherwise making them available to You (as the case may be). Any continued use of the Site following such posting of the Revised Terms to the Site or otherwise making them available to you, will be deemed to constitute acceptance of the Revised Terms. If we do update the Terms and Conditions and You do not agree to the Revised Terms, You must stop using the Site.
- User conduct.
- You agree to use this Site in a responsible manner that is in full compliance with these Terms and Conditions, and with your local laws and regulations. You shall not, and you agree not to use the Site or any functionality of Site to:
- post or transmit any material which,
- violates or infringes in any way upon the rights of others,
- is unlawful, threatening, abusive, defamatory, hurtful, invasive of privacy or publicity rights, vulgar, obscene, indecent, hateful, profane or otherwise objectionable, or
- contains or links to viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features, or any computer code, files or programs designed to (or that operates to) interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Site;
- download, retain, modify, translate, use, publish, distribute, reproduce, copy, or transfer the right to use the Site or any portion of the Site, except as expressly permitted by these Terms and Conditions;
- gain unauthorized access to any hardware or software systems or networks associated with the Site, or obtain any services or information not intentionally made available to you by Absolute on or through the Site;
- remove, circumvent, disable, damage or otherwise interfere with any access control or security-related features of the Site; or
- engage in practices such as “screen scraping”, “database scraping” or “automated form filling” to retrieve, test or obtain lists of users, content, or other information generated or processed by or stored via the Site.
- post or transmit any material which,
- Without limiting the remedies available to Absolute at law or in equity, Absolute may terminate your rights to use or access the Site if you are found to be using the Site to engage in any of the foregoing activities.
- You agree to use this Site in a responsible manner that is in full compliance with these Terms and Conditions, and with your local laws and regulations. You shall not, and you agree not to use the Site or any functionality of Site to:
- Changes to site functionalities. Absolute reserves the right, for any reason, in its sole discretion, to terminate, change, amend, or suspend the Site or functionalities of the Site. Absolute may impose limits on all or certain features of the Site or restrict your access to part or all of the Site without notice or liability to you.
- Obligations under other agreements and terms and conditions. These Terms and Conditions are in addition to Absolute’s other legal terms and conditions and policies published on the Site. Absolute’s terms and conditions and policies set out at http://www.absolute.com/company/legal/ and http://www.absolute.com/company/logos/, are incorporated herein by reference. By using the Site, you acknowledge and agree to be bound by Absolute’s terms, conditions, and policies at http://www.absolute.com/company/legal/ and http://www.absolute.com/company/logos/. These Terms and Conditions are in addition to your obligations under any End User License Agreement between you and Absolute.
- Cookies. As more particularly described in Absolute’s Cookie Policy, accessible at http://www.absolute.com/company/legal/privacy/, you acknowledge and agree that Absolute may store personal and certain other information about you on your computer in the form of “cookies”. Such use of cookies is solely in connection with the operation of the Site. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Site.
- Privacy and personal information. You acknowledge and agree that your use of the Site is subject to a Privacy Policy, accessible at http://www.absolute.com/company/legal/privacy/ (the “Privacy Policy”). Please carefully review our Privacy Policy. By using the Site, you signify that you have read, fully understand and agree to our Privacy Policy. Absolute’s use of is subject to Absolute’s Privacy Policy. In the event of any inconsistency between these Terms and Conditions and the Privacy Policy with respect to the collection, use and disclosure of your personal information, the Privacy Policy shall govern.
- Copyright and other intellectual property.
- Absolute’s terms, conditions, and policies at http://www.absolute.com/company/legal/ and http://www.absolute.com/company/logos/, including Absolute’s terms and conditions and policies regarding use of copyrighted works and trademarks, are incorporated herein by reference.
- Any rights not expressly granted to you in these Terms and Conditions or as otherwise set out in Absolute’s terms, conditions, and policies at http://www.absolute.com/company/legal/ and https://www.absolute.com/company/logos/, are expressly reserved. All of the contents of the Site, including the Content, is owned by Absolute or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted under these Terms and Conditions, Absolute does not grant any express or implied permission to use any Content and no portion or element of this Site or its Content may be copied or retransmitted via any means, without Absolute’s express permission. You may not remove any copyright, watermark, author information or other proprietary notices contained in the Site, the Content, or any other material on the Site. Without limiting the generality of the foregoing, users of this Site shall be entitled to copy Content contained within this Site only for their own personal and non-commercial use, but may not republish or reproduce any such Content in any manner without the prior written consent of Absolute.
- Absolute grants you a strictly limited, non-exclusive and revocable licence to display on your computer or device, print, download and use a single copy of the underlying HTML, text, audio clips, video clips and other Content on this Site, for non-commercial (personal or educational) purposes only, and not for republication, distribution, assignment, sublicense, or sale, provided that: (1) you do not modify any such Content; and (2) you include with and display on each copy of such Content all original copyright, trademark, and other notices preserved in their original form. No other use, download, or retention of the Site or Content is permitted. Without limiting the generality of the foregoing, you may not: (1) make any commercial use of such Content; (2) include such Content in or with any product that you create or distribute; (3) copy such Content onto your or any other person's website; (4) distribute such Content to anyone for a commercial purpose; or (5) prepare derivative works from any such Content. This limited license does not include any rights not specifically enumerated herein.
- Disclaimer of warranties and limitations of liability.
- By entering and using this Site, you agree that you do so at your own risk.
- TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE SITE AND ALL CONTENT CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ABSOLUTE DOES NOT WARRANT THE QUALITY, ACCURACY OR COMPLETENESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON THIS SITE. ABSOLUTE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY INFORMATION OR PRODUCTS CONTAINED OR OFFERED ON THIS SITE FOR ANY PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ABSOLUTE MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE OR ANY PRODUCTS ADVERTISED OR REFERENCED ON THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER OR DEVICE AND SOFTWARE; (II) THE SITE OR ANY PRODUCTS ADVERTISED OR REFERENCED ON THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; OR (IV) THE USE OF THE SITE OR ANY PRODUCTS ADVERTISED OR REFERENCED ON THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTIAN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
- ABSOLUTE, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND PARTNERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND ANY OTHER PARTIES INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MONITORING THIS SITE AND EACH OF THEIR SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “RELEASEES”) WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT ABSOLUTE HAS ENTERED INTO THESE TERMS AND CONDITIONS WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ABSOLUTE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THESE TERMS AND CONDITIONS.
- Indemnification. You agree to defend, indemnify and hold harmless the Releasees, from and against all claims and expenses and from any liabilities or damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in connection with access to or use of this Site or in the delay or inability to use this Site, or in connection with any content, information, data, promotions, activities, products or services associated with this Site, or in connection with your downloading of any Content, materials, text, data, images, video or audio from this Site, or in any connection otherwise, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction, computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, even if there is a fundamental breach or if Absolute has been advised of the possibility of liability or damages.
- Links to third party sites. This Site may contain hyperlinks to websites operated by parties other than Absolute. Such hyperlinks are provided for your reference only. Absolute does not control such websites and is not responsible for their content or practices. The websites of third parties are not monitored or checked for accuracy, appropriateness, or completeness by us. No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this Site. Your access and use of such third party websites, including information, material, products and services therein, are solely at your own risk. Absolute’s Privacy Policy is applicable only with respect to this Site. You agree to review the privacy policy of any third party website before disclosing your personal information on that website.
- Termination. If you breach any provision of these Terms and Conditions, you may no longer use the Site. Absolute will determine your compliance with Terms and Conditions in our sole discretion and our decision shall be final and binding and not subject to challenge or appeal. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms and Conditions or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of these Terms and Conditions will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms and Conditions or our Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site. The Disclaimer of Warranties and Limitation of Liability, Indemnification, Copyright and Other Intellectual Property, and Termination provisions in these Terms and Conditions shall survive any termination of these Terms and Conditions.
- Governing law. By accessing or using the Site, you acknowledge and agree that these Terms and Conditions and all matters relating to your use of the Site shall be governed by and construed in accordance with the laws of the Province of British Columbia (without regard to conflict of law principles). All actions and disputes arising from or relating to these Terms and Conditions and all matters as to your access and use of the Site and the Content or other materials shall be heard and decided exclusively before the courts located within the Province of British Columbia, Canada and you irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of British Columbia and waive any right you might otherwise have to claim lack of personal jurisdiction or inconvenience of forum.
- Agreement. Any reference to “agree”, “agrees”, “represent”, “represents”, “acknowledge”, “acknowledges”, or any “acknowledgement” by you in these Terms and Conditions, shall refer in all cases to your acceptance of these Terms and Conditions through making use of the Site.
- Severability. Should any part of these Terms and Conditions or the application thereof to any person or circumstances, to any extent, be held invalid or unenforceable, that portion shall be modified so as to be enforced to the fullest extent permitted at law and the remaining portions, or the application of such part to persons or circumstances other than those in respect of which it is held invalid or unenforceable, shall not be affected thereby and each part of these Terms and Conditions shall be separately valid and enforceable to the fullest extent permitted by law.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND THEREBY. YOU ACKNOWLEDGE AND AGREE THAT EACH TIME YOU ACCESS OR USE THE SITE OR ANY CONTENT, EACH SUCH ACTION CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS.