1.    Introduction and Scope. This document forms an agreement between “You”, a visitor to or user of the Website (as that term is defined below), and Webroot LLC (“Webroot”, “We”, “Us”, or “Our”).  It describes the terms of service (“TOS”) by which You may access and use the services, materials, or content offered on one or more of the websites owned or operated by Webroot or its subsidiaries (each, a “Website” and collectively, the “Websites”).  Some services on the Websites may offer different terms than these TOS, but in those situations, We will provide You with notice of the different terms.  However, if You are using a Webroot® product or service (including but not limited to Webroot SecureAnywhere® services or Webroot Security Awareness Training, Your use of such product or service will be subject to the applicable end user license agreement located here: /au/en/legal/service-terms-and-conditions). 

2.    Acceptance.  THIS IS IMPORTANT—BY BROWSING THE WEBSITES, OR BY ACCESSING, VIEWING, DOWNLOADING, OR USING ANY SERVICES, MATERIALS, OR CONTENT OFFERED THROUGH THE WEBSITES, YOU AGREE TO THESE TOS AND ANY ADDITIONAL TERMS THAT APPLY.

3.    TOS Changes.  Webroot reserves the right to change these TOS by posting an update on this Website and providing a notice on the Websites notifying You that We made such change.  YOUR CONTINUED USE OF A WEBSITE OR ANY SERVICES, MATERIALS, OR CONTENT OFFERED THROUGH A WEBSITE FOLLOWING THE POSTING OF SUCH CHANGES AND NOTICE WILL MEAN THAT YOU ACCEPT THOSE CHANGES.

4.    Privacy.  To access the Websites or some of the resources they offer, You may be asked to provide certain registration details or other information. It is a condition of Your use of a Website that all the information You provide on that Website is correct, current, and complete. You agree that all information You provide to a Website, whether or not for registration purposes, and including but not limited to through the use of any interactive features on the Websites, is governed by the applicable Privacy Statements at /au/en/legal/privacy, which are incorporated into these TOS by this reference, and You consent to all actions We take with respect to Your information consistent with Our Privacy Statements.  

5.    Webroot Intellectual Property Rights.  The services, materials and content on the Websites are protected by various intellectual property laws, including copyright and trademark laws. All right, title, and interest in and to such services, materials, and content are reserved by Webroot and its licensors, and You don’t gain any intellectual property rights to such services, materials, and content except as specifically enumerated in these TOS or in any applicable end user license agreement (if You license products or services).  Except as specifically permitted herein, no portion of the Websites, or any services, materials, or content offered through the Websites, may be distributed or reproduced by any means, or in any form, without Webroot’s prior written permission.

6.    DMCA.  If You wish to file a complaint of copyright infringement under the Digital Millennium Copyright Act, please click here for more instructions.  PLEASE NOTE THAT YOU MUST FOLLOW THE SPECIFIC PROCEDURE REQUIRED BY WEBROOT IN ORDER FOR YOUR COMPLAINT TO BE RECEIVED AND PROCESSED. 

7.    Account Security.  If You choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Websites or portions of it using Your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

8.    Your Access to and Use of the Websites.  

A.    Website Changes.  We reserve the right to withdraw or amend the Websites, and any services, materials or content We provide on the Websites, in Our sole discretion without notice, unless stated otherwise in the applicable terms for specific services provided to You on the websites. We will not be liable for any reason if all or any part of any Website is unavailable at any time or for any period. We do not warrant that the Websites will be maintained with the same DNS names or URLs.  From time to time, We may restrict access to some parts of the Websites, or the entire Website, to users, including registered users.

B.    Disabling Options.  We have the right to suspend or disable any user name, password, account or other identifier or authentication measure on any or all of the Websites, whether chosen by You or provided by Us, at any time if, in Our opinion, You have violated any provision of these TOS.

C.    Rights to Materials. Subject to any other applicable click-through terms on the Websites, and Your compliance with these TOS, Webroot hereby grants You a non-exclusive, revocable right to copy, display, and distribute marketing materials on the Websites (other than User-Generated Content), as a current or future customer, vendor, or business partner of Webroot or for Your personal, non-commercial purposes, provided that:

(1)    such materials are only used: (i) in furtherance of Your rights or obligations as a customer, vendor, or business partner of Webroot pursuant to a written agreement with Webroot; or (ii) for informational, personal, and non-commercial purposes; 

(2)    no fee is charged for distribution of any materials to any third party;

(3)    no part of the materials is modified in any way;

(4)    You do not use framing techniques to display materials on a Website not licensed or owned by Webroot;

(5)    any and all copyright and other proprietary notices that appear in or on such materials appear on all copies that You distribute of the materials; and 

(6)    Webroot reserves the right to revoke such authorization at any time.  

All other use of the materials is prohibited.

For purposes of the foregoing, marketing materials do not include the layout or design of the Websites, the elements of which are protected by trademark, trade dress or other laws and may not be imitated or reproduced in whole or in part.

D.    User-Submitted Content.  

(1)    Users may be able to submit materials and content (collectively, “User-Generated Content”) to Our Websites that can be viewed by other users (e.g., posts in community forums).  You acknowledge that We are not responsible for User-Generated Content, that We have no obligation to monitor or remove User-Generated Content, and that We have the sole discretion to determine whether any User-Generated Content violates the TOS.

(2)    If You submit User-Generated Content that is published or made available to other users, You represent that: (i) such content is not prohibited by these TOS, including Section 8(E) below; (ii) You are solely responsible for the form, substance, and accuracy of such content; and (iii) You have all rights necessary to grant Webroot the license below. 

(3)    You hereby grant Webroot a royalty-free, perpetual, irrevocable, non-exclusive license (including a waiver of any moral rights) under all of Your intellectual property rights to use, reproduce, create derivative works of, publish, display, and distribute Your User-Generated Content (all or in part) worldwide, and to incorporate such content in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content.

(4)    We may remove or refuse to post any User-Generated Content from the Websites at any time for any reason or no reason at Our discretion.

(5)    We may disclose Your identity or other information about You (i) to any third party who claims that the User-Generated Content submitted by You violates their rights, including their intellectual property rights or their right to privacy; or (ii) to any law enforcement authorities or pursuant to any court order requesting or directing Us to disclose the identity or other information of anyone that submitted User-Generated Content.

E.    Your Conduct.  It is a condition of Your use of the Websites, or the services, materials or content therein, that You not engage in any misconduct, any misuse of any of the foregoing, or otherwise violate any applicable local, state, national, or international law or regulation.  In addition, You may not:

(1)    upload, post, or otherwise make available any User-Generated Content that: (i) is harmful, threatening, abusive, harassing, defamatory, libelous, or invasive of another’s privacy, or that is otherwise objectionable or harmful to another party; (ii) You do not have a right to upload, post, or make available under any law, regulation, license, or contract; (iii) infringes any patent, trademark, trade secret, copyright, or database rights, or any other intellectual property rights of another party; (iv) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” website links, or any other form of content for the purpose of solicitation; (v) contains software viruses or malware; (vi) impersonates another person or entity or is intended to mislead Webroot or other users of the Websites; or (vii) gives the impression that such User-Generated Content is produced by Webroot or is endorsed by Webroot or any other person or entity, if that is not the case.

(2)    scrape or collect or store personal data about any other user of a Website; 

(3)    disrupt or interfere with all or a portion of any Website; or

(4)    attempt to gain or gain unauthorized access to any portion of any Website, or to any other database or network, through hacking, password mining, scraping, or by any other means to obtain any information not intentionally made available on the Websites.

9.    Personal Opinions.  

A.    The opinions expressed by Webroot employees on Our blog, community, or help forums are the individual employees’ own views and do not necessarily reflect the opinion of Webroot.

B.    Any statements and/or opinions expressed in any User-Generated Content are solely the opinions and the responsibility of the person or entity providing such User-Generated Content and do not necessarily reflect the opinion of Webroot.

10.    Product or Service Availability.  A Website may refer to products or services not available in Your country, and You acknowledge that these references do not obligate Webroot to release or make available such products or services in Your country.

11.    Confidentiality. Please do not provide Us with confidential or proprietary information through the Websites, except to the extent You provide Our payment processors with credit card information to purchase Our services or products.  Except for credit card information, any information or material You send to Us will be considered public and non-confidential.   

12.    Linking to or Referencing the Websites. Our Website may display materials or content provided by third parties or may link to third-party websites, including for the purpose of offering advertisements or marketing materials.  These links are provided for Your convenience only. You must exercise Your own judgment in clicking on any links, or in viewing any third-party content.  Webroot makes no representations about such third-party websites, and if You access such a third-party website, You do so at Your own risk. Webroot is not responsible for the reliability of any data, opinions, advice, or statements made on any third-party websites, and the inclusion of such links does not imply that Webroot endorses, recommends, or accepts any responsibility for the content of any such third-party websites.

13.    Disclaimers; Limits on Our Liability. 

A.    No Warranty. YOU ASSUME ALL RISK FOR SELECTING AND USING THE WEBSITES. THE WEBSITES AND ALL SERVICES, MATERIALS, OR CONTENT PROVIDED VIA THE WEBSITES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBROOT HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  IN PARTICULAR, WEBROOT SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE WEBSITES WILL BE ERROR-FREE, ACCURATE, SECURE, OR UNINTERRUPTED.  IF YOU ACCESS THE WEBSITES FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.  SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

B.    Limitations on Our Liability. EXCEPT AS PROVIDED BY AN APPLICABLE END USER LICENSE AGREEMENT OR A WRITTEN AGREEMENT THAT YOU AND WEBROOT HAVE SIGNED, UNDER NO CIRCUMSTANCES WILL WEBROOT AND ITS SUBSIDIARIES AND LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE OF, MISUSE OF, OR RELIANCE ON THE WEBSITES OR ANY OF THE SERVICES, MATERIALS, OR CONTENT AVAILABLE FROM THE WEBSITES. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY PREVENTS RECOVERY OF ANY CLAIM RELATING TO THESE TOS OR THE WEBSITES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND APPLIES EVEN IF WEBROOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE LEGAL LIABILITY SURROUNDING THE WEBSITES, OR ANY OF THE SERVICES, MATERIALS OR CONTENT AVAILABLE FROM THE WEBSITES, CANNOT BE EXCLUDED, BUT MAY BE LIMITED, THE AGGREGATE LIABILITY OF WEBROOT AND ITS SUBSIDIARIES AND LICENSORS WILL BE LIMITED TO THE SUM OF 50 UNITED STATES DOLLARS (OR THE THEN-CURRENT VALUE IN THE RELEVANT LOCAL CURRENCY) IN TOTAL.

14.    Translations. Where Webroot has provided a translation of the English-language version of the Websites, these TOS, or other any services, materials, or content available via the Websites, You acknowledge that: (a) the translations are only for Your convenience; (b) the English-language version governs Your use of any services, materials or content; and (c) except as prohibited by local law, the English-language version controls and takes precedence in the event of a conflict between the English-language version and the translated version.

15.    General Provisions. 

A.    Export Control. If You download software from a Website, You acknowledge that such software is subject to applicable export laws and regulations, including, but not limited to, the U.S. Export Administration Regulations. The export or re-export of software in violation of the foregoing laws and regulations is strictly prohibited. You agree to comply with all applicable export laws and regulations, as may be further described in an end user license agreement.

B.    Governing Law and Jurisdiction. 

(1)    United States and Canada.  If You are a resident of the United States or Canada, these TOS are governed by the laws of the State of Colorado in the United States without regard to its conflict of laws provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts sitting in the State of Colorado, City and County of Denver, with regard to any and all claims arising out of or relating to the Websites or these TOS.

(2)    Japan.  If You are a resident of Japan, these TOS are governed by the laws of Japan without regard to its conflict of laws provisions. You agree to personal jurisdiction by and exclusive venue in the Tokyo District Court with regard to any and all claims arising out of or relating to the Websites or these TOS.

(3)    Other Jurisdictions.  If You are a resident of a jurisdiction that is not located in the United States, Canada, or Japan, these TOS are governed by the laws of the Republic of Ireland without regard to its conflict of laws provisions. You agree to personal jurisdiction by and exclusive venue in the courts sitting in Dublin, Ireland, with regard to any and all claims arising out of or relating to the Websites or these TOS.

C.    Entire Agreement. These TOS, and any applicable documents referenced herein (such as Our Privacy Statements), form the complete and exclusive statement of the mutual understanding between You and Webroot with regard to the Websites, and supersede and cancel all prior written and oral agreements and communications relating to the Websites.
 

16.   Desktop Operating System Requirements. For Webroot AntiVirus, Webroot AntiVirus for Gamers, Webroot Internet Security and Webroot Business Endpoint Protection:

A.   New device operating system releases – Webroot will typically support a new release of the operating system in the current product release and/or the next product release approximately three (3) months after the General Availability of the new OS release. Previous product releases may not be enhanced to support the newly released OS.

B.   Device operating system end of support – Webroot will support Windows and Mac operating systems according to the criteria below. If you use an unsupported operating system, you may still be protected by Webroot, but you will not receive Webroot feature updates and the risk of malware infection will increase.

• Windows – current and previous two versions
• macOS* – current and previous three versions

* Webroot AntiVirus for Gamers is not available on macOS