Terms of Use Agreement

Welcome to VirnetX.com, a website owned and operated by VirnetX Holding Corporation, a Delaware corporation, and its affiliates.  VirnetX Holding Corporation and its affiliates provide their services to you subject to the following terms and conditions.  If you visit VirnetX.com, you accept these conditions.  Please read them carefully.  In addition, when you use any current or future VirnetX.com service or visit or purchase from any business affiliated with VirnetX.com, whether or not included in the VirnetX.com website, you also will be subject to the terms and conditions applicable to such service or business.

Acceptance Of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement and in each of our policies posted on our website.  This Terms of Use Agreement, together with each of our policies posted on our website, are collectively referred to herein as this "Agreement." This Agreement constitutes the entire and only agreement between us and you concerning the subject matter of this Agreement and supercedes all prior or contemporaneous agreements, representations, warranties and understandings concerning the subject matter of this Agreement.

Privacy

Please review our Privacy Policy, which also governs your visit to VirnetX.com, to understand our practices concerning privacy matters.

Electronic Communications

When you visit VirnetX.com or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of VirnetX Holding Corporation or its content suppliers and is protected by U.S. and international copyright laws.  The compilation of all content on this site is the exclusive property of VirnetX Holding Corporation and is protected by U.S. and international copyright laws.  All software used on this site is the property of VirnetX Holding Corporation or its software suppliers and is protected by U.S. and international copyright laws.

Trademarks

VirnetX Holding Corporation, VirnetX.com, VirnetX  and other marks indicated on our site are registered trademarks of VirnetX Holding Corporation or its subsidiaries, in the United States and other countries.  In addition, VirnetX.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of VirnetX Holding Corporation or its subsidiaries.  VirnetX Holding Corporation's trademarks and trade dress may not be used in connection with any product or service that is not VirnetX Holding Corporation's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VirnetX Holding Corporation or VirnetX.com.  All other trademarks not owned by VirnetX Holding Corporation or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VirnetX Holding Corporation or its subsidiaries.

License And Site Access

VirnetX Holding Corporation grants you a limited, nonexclusive, nontransferable, revocable license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of VirnetX Holding Corporation.  This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VirnetX Holding Corporation.  You may not remove, decompile, disassemble or reverse engineer any site software or use any network monitoring or discovery software to determine the site architecture. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VirnetX Holding Corporation and our affiliates without express written consent.  You may not use any meta tags or any other "hidden text" utilizing VirnetX Holding Corporation's name or trademarks without the express written consent of VirnetX Holding Corporation.  You may not use the site for the purpose of gathering information for or transmitting unsolicited commercial phone calls, facsimile transmissions, email or email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing.  You may not use the site in a manner that violates any state or federal laws or regulations concerning email, telephone solicitations or facsimile transmissions.  You may not export or re-export the site or any portion thereof, or any software available on or through the site, in violation of the export control laws or regulations of the United States. Any unauthorized use terminates the permission or license granted by VirnetX Holding Corporation.  You are granted a limited, nonexclusive, nontransferable, revocable right to create a hyperlink to the home page of VirnetX.com so long as the link does not portray VirnetX.com, VirnetX Holding Corporation, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.  You may not use any VirnetX.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Reviews, Comments, Communications, And Other Content

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. VirnetX Holding Corporation reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant VirnetX Holding Corporation and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.  You grant VirnetX Holding Corporation and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.  You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify VirnetX Holding Corporation or its affiliates for all claims resulting from content you supply.  VirnetX Holding Corporation has the right but not the obligation to monitor and edit or remove any activity or content.  VirnetX Holding Corporation takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

VirnetX Holding Corporation and its affiliates respect the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement set forth below.

Other Businesses

Parties other than VirnetX Holding Corporation and its subsidiaries may advertise, operate stores, provide services, or sell product lines on this site.  In addition, we may provide links to the sites of affiliated companies and certain other businesses.  We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites.  VirnetX Holding Corporation does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.  You should carefully review their privacy statements and other terms of use for their sites.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Securities Laws

Our website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements.  These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control.  When used on our site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements.  Our website and the information contained on the site does not constitute an offer or a solicitation of an offer for sale of any securities.  None of the information contained on our website or linked to our website is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings, prospectuses or disclosure documents.

Information And Press Releases

Our website contains information and press releases about us.  We disclaim any duty or obligation to update this information of any such press releases.  Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.

Disclaimer Of Warranties And Limitation Of Liability

THIS SITE IS PROVIDED BY VirnetX Holding Corporation ON AN "AS IS" AND "AS AVAILABLE" BASIS. VirnetX Holding Corporation MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VirnetX Holding Corporation DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VirnetX Holding Corporation DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM VirnetX.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VirnetX Holding Corporation WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM THE SITE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES OF THE SITE, (C) YOUR USE OF THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR CONTROL.

THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, OR THE PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND OUR AFFILIATES.

ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SITE OR ANY PRODUCTS OR SERVICES PURCHASED USING THE SITE MUST BE BROUGHT BY YOU WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR BE FOREVER WAIVED AND BARRED.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of our website.

Applicable Law

By visiting VirnetX.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and VirnetX Holding Corporation or its affiliates.

Miscellaneous

The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.  This Agreement, together with any purchase orders or contracts with you and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.

Disputes

Any dispute relating in any way to your visit to VirnetX.com shall be submitted to confidential arbitration in San Mateo County, California, except that, to the extent you have in any manner violated or threatened to violate VirnetX Holding Corporation's intellectual property rights, VirnetX Holding Corporation may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Other Site Policies And Modification

From time to time, we may post revised versions of existing policies or new policies on our website.  Please review all of our other policies posted on this site.  These policies also govern your visit to VirnetX.com.  We reserve the right to make changes to our site, policies, and this Terms of Use Agreement at any time.

Our Address

VirnetX Holding Corporation
5615 Scotts Valley Drive, Suite 110
Scotts Valley, CA 95066

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide VirnetX Holding Corporation's copyright agent the written information specified below.  Please note that this procedure is exclusively for notifying VirnetX Holding Corporation and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

VirnetX Holding Corporation's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
VirnetX Holding Corporation Legal Department
5615 Scotts Valley Drive, Suite 110
Scotts Valley, CA 95066
phone: (831) 685-0117
e-mail: kendall_larsen@VirnetX.com

Effective Date: November 26, 2007