1. License

TheFraudFend grants to you an exclusive license to use the product, provided that you agree to the terms and conditions of this Agreement.
The license is valid for 1 year and renews annually. The Documentation for the agreed period indicated in the Applicable Conditions, including any extensions or renewals of the agreed period will be known as “Subscription Period”.

2. Permitted Use of the TheFraudFend

You may use the product on, or to support, up to the agreed number of devices which include the following, personal computers, laptops, MAC, working on iOS, Windows, Linux or any other devices and Operating Systems compatible with TheFraudFend indicated in the Applicable Conditions exclusively:
2.1 In the case of the TheFraudFend used by corporates, commercial or business use by you or your affiliates (those entities controlling you, controlled by you or under common control with you) for internal business purposes, you are responsible for your affiliate’s compliance with this Agreement, and a breach by your affiliate will be deemed a breach by you. .
2.2. You shall not make backup copy or copies of the TheFraudFend.
2.3. You shall not make a copy or distribute or resell or transfer or use the TheFraudFend except for personal use on the agreed number of systems. Any usage of the TheFraudFend in ways other than intended and permitted by TheFraudfend will be construed to be a breach of the agreement and copyright infringement.

3. Auto-renewal and Subscription

3.1. TheFraudFend subscription is licensed for one year and will be renewed annually. One-time Set up fee as agreed will be collected initially and a monthly subscription fee will be collected 30 days later from the agreed instrument of payment.
3.2. The monthly subscription will be collected after 30 days from the date of collection of the one-time setup fee.
3.3. 30 days before the end of the subscribed year, user will be informed of the renewal along with the one-time renewal fee if applicable and the renewed subscription fee.
3.4. The renewal and monthly subscription fee amounts are subject to change at the discretion of TheFraudFend.
3.5. There will be no minimum period or contract termination fee.
3.6. The subscription period will be a minimum of 1 month post the 30 days of cooling off period.

4. Payments and Collections

4.1. Unless otherwise cancelled, TheFraudFend will attempt to take payment from your saved credit card or bank account details, for the subsequent Subscription Period. Payment methods used maybe standing order, direct debit, ECS or as agreed if otherwise.
4.2. To the extent payment is unable to be taken on the first attempt, TheFraudFend will make further attempts to take payment up to 15 days after the renewal date and you may be contacted to update your payment details.
4.3. Upon automatic renewal of your subscription, you will receive a confirmation email which shall include all the key information in respect of your automatic renewal and the duration of the subsequent Subscription Period.
4.4. You are entitled to switch-off the auto-renewal of your subscription using the process notified to you during the order process for the subscription, meaning that your subscription will come to an end when the then current Subscription Period expires. Once you have elected to cancel the auto-renewal of your subscription, auto-renewal will remain cancelled unless you subsequently agree to a new subscription.
4.5. If your subscription auto-renews, you may cancel that renewal no later than 30 days following such renewal date. If TheFraudFend has taken payment for the next Subscription Period (“Renewal Payment”) then you will receive a full refund of the Renewal Payment.

5. Termination

5.1. This Agreement will immediately terminate upon your breach of any of your obligations in this Agreement, which will result in forfeiture of any monies you may have to receive for the portion of the subscription fee you have paid for the unexpired or unused portion of the Subscription Period. ASBENT MARKETING SOLUTIONS INC. reserves the right to remedies available under law in the event your breach of any of your obligations under this Agreement which adversely affects ASBENT MARKETING SOLUTIONS INC. Group or any ASBENT MARKETING SOLUTIONS INC. Partner. The exclusions and limitations of liability of members of the ASBENT MARKETING SOLUTIONS INC. Group and ASBENT MARKETING SOLUTIONS INC. Partners contained in this Agreement will survive termination of this Agreement.
5.2. If ASBENT MARKETING SOLUTIONS INC., by notice to you, terminate this Agreement then you will be limited to a refund for the portion of the subscription fees you have paid for the unexpired or unused portion of the Subscription Period. From the effective date of such termination you will no longer be entitled to use any affected TheFraudFend and Documentation.
5.3. If the monthly subscription fee is not received by the 15th day following the commencement of that Subscription Period, you will be deemed to have surrendered your license to use the TheFraudFend, and the license will terminate immediately without further action by you or ASBENT MARKETING SOLUTIONS INC. and the software may not function as expected.

6. Refund

TheFraudFend allows the user a cooling off period of 30 days from the day of sign up. In such case where user chooses to cancel the agreement and notifies TheFraudFend within 30 days from the sign up, the entire Set-Up fee will be refunded to the account or payment method from which the initial payment will have been collected. If the monthly subscription is collected (after 30 days of the initial collection) it will be forfeited in case of cancellation.

7. Updates

TheFraudFend, from time to time during the Subscription Period and without your separate permission or consent, may from time to time deploy an upgrade or update of, or replacement for the TheFraudFend. Should you choose to not allow the updates then the TheFraudFend may not function as expected and you may be vulnerable to the threats. Such updates will be considered part and parcel of the subscription and a separate payment will not be demanded. As a result of any such deployment you may not be able to use the applicable TheFraudFend or Device (or certain functions of the Device) until any such Update is fully installed or activated. Updates may include both additions to, and removal of, any particular features or functionality offered by TheFraudFend or may replace it entirely, and TheFraudFend will determine the content, features and functionality of the updated TheFraudFend in its sole discretion. TheFraudFend may stop providing support for the TheFraudFend until you have accepted and installed or activated all Updates. TheFraudFend in its sole discretion will determine when and if updates are appropriate and has no obligation to make any updates available to you. TheFraudFend in its sole discretion may stop providing Updates for any version of the TheFraudFend other than the most current version.

8. Ownership Rights

8.1. The TheFraudFend and Documentation are the intellectual property of TheFraudFend and are protected by applicable copyright laws, international treaty provisions and other applicable laws of the country in which the TheFraudFend is being used. The structure, organization and computer code of TheFraudFend and firmware are valuable trade secrets and confidential information of ASBENT MARKETING SOLUTIONS INC.. To the extent you provide any comments or suggestions about the TheFraudFend to TheFraudFend, you grant ASBENT MARKETING SOLUTIONS INC. the right and license to retain and use any such comments or suggestions for any purpose in its current or future products or services, without further compensation to you and without your approval of such retention or use.
8.2. Except as stated in this Agreement, your possession, use of a TheFraudFend does not grant you any rights or title to any intellectual property rights in the TheFraudFend or Documentation. All rights to the TheFraudFend and Documentation, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights are reserved by ASBENT MARKETING SOLUTIONS INC..

9. Restrictions

9.1. You may not copy or use the TheFraudFend or the Documentation except as set forth in this Agreement. You may not permit any third party to:
9.1.1. use any authorization code, license number, username/password combination or other activation code or number supplied by TheFraudFend in connection with TheFraudFend (“Activation Code”) on, or for, more than the number of Devices specified by the Applicable Conditions;
9.1.2. disclose any Activation Code to any party other than ASBENT MARKETING SOLUTIONS INC. or ASBENT MARKETING SOLUTIONS INC.’s designated representatives;
9.1.3. except as expressly authorized by law: (i) reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract TheFraudFend or any portion of TheFraudFend (including any related Malicious Code (as defined below) signatures and Malicious Code detection routines); or (ii) change, modify or otherwise alter TheFraudFend (including any related Malicious Code signatures and Malicious Code detection routines). “Malicious Code” means any code, feature, routine or device intended, or designed automatically, or on a certain event occurring, or on your taking or failing to take a certain action, or at the direction or control of any person or entity, to: (a) disrupt the operation of TheFraudFend, service, device, property, network or data; (b) cause TheFraudFend, service, device, property, network or data to be destroyed, altered, erased, damaged, or otherwise cause its operation to be disrupted or degraded; or (c) permit any person or entity to access, take control of, or destroy, alter, erase, damage, or otherwise disrupt or degrade the operation of any portion of TheFraudFend, service, device, property, network or data, and any computer virus, worm, trap door, back door, time bomb, malicious program, or a mechanism such as a TheFraudFend lock or routine for password checking, CPU serial number checking, time dependency or any other code intended or designed to enable any matters described in this definition (including Java applets, ActiveX controls, scripting languages, browser plug-ins or pushed content);
9.1.4. except as authorized by a distribution agreement, reseller agreement or other agreement between you and ASBENT MARKETING SOLUTIONS INC. or other member of ASBENT MARKETING SOLUTIONS INC. Group, publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense TheFraudFend;
9.1.5. except as expressly authorized by this Agreement (including Sections 13.2, 13.5 and 13.7), the Applicable Conditions or another agreement between you and ASBENT MARKETING SOLUTIONS INC. or other member of ASBENT MARKETING SOLUTIONS INC. Group, use TheFraudFend to manage the facilities of a third party or grant any third party access to or use of TheFraudFend on a service bureau, timesharing, subscription service or application service provider or other similar basis;
9.1.6. use TheFraudFend to provide or build a product or service that competes with the TheFraudFend;
9.1.7. use or attempt to use TheFraudFend to: (i) upload, download, stream, transmit, copy or store any information, data, or materials, or engage or assist in any activity that may: (A) infringe the intellectual property rights or other rights of any third party; (B) contain any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable material of any kind, (C) harm or attempt to harm others; (D) have the potential to incite or produce conduct that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libellous, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, religiously or sexually discriminatory or otherwise objectionable; (E) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; (F) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (G) assist any fraud, deception or theft; or (H) damage, disable or impair the operation of, or gain or attempt to gain unauthorized access, receipt, use, copying, alteration or destruction of or to, any property, Devices, TheFraudFend, services, networks or data by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection or other information security protections or controls of whatever nature; (ii) in any way violate any applicable local, national or international law or regulation; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of the TheFraudFend; (iv) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, or “pyramid schemes”; or (v) collect or store personal data without the knowledge and express consent of the data subject;
9.1.8. damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to, TheFraudFend or to any property, Devices, TheFraudFend, services, networks or data connected to, or inter-operating with, such TheFraudFend, or to any content or data stored, accessed or delivered through such TheFraudFend, by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection or other information security protections or controls of whatever nature;
9.1.9. defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumventing controls on the use of copies of TheFraudFend; or
9.1.10. violate ASBENT MARKETING SOLUTIONS INC.’s policy governing acceptable use of its TheFraudFends (the “Acceptable Use Policy”), which you can find here. If and to the extent this Agreement and the Acceptable Use Policy conflict, the more restrictive provision will govern.
9.2. Certain TheFraudFends may grant you or another user administrative privileges that, among other things, may allow the administrator to monitor other Devices and/or the status of TheFraudFends deployed on other Devices, including for example Subscription Period status, TheFraudFend messages, and Updates. You represent and warrant that you will exercise such administrative privileges only with respect to Devices and TheFraudFends for which you are duly authorized and for no other purpose. You also represent and warrant to ASBENT MARKETING SOLUTIONS INC. that: (i) you have all the requisite authority to accept this Agreement, and install and/or use the TheFraudFend on the Devices, on behalf of any owners and users of those administered Devices; and (ii) you hereby accept this Agreement for and on behalf of: (A) any such owners and users of those administered Devices; and (B) yourself.

10. Limited Warranty; Disclaimer and Exclusion of Liability

10.1. Subject to the remainder of this Section 6, ASBENT MARKETING SOLUTIONS INC. warrants to you that the TheFraudFend will perform, or will be performed, substantially in accordance with the Documentation for a period of 30 days following your initial acquisition of the TheFraudFend. To make a warranty claim, you must follow the instructions provided by the source from which you acquired the TheFraudFend. If the TheFraudFend does not perform substantially in accordance with the Documentation, the entire and exclusive liability of each member of the ASBENT MARKETING SOLUTIONS INC. Group and each ASBENT MARKETING SOLUTIONS INC. Partner, and your sole and exclusive remedy, in respect of such warranty will be limited to, at ASBENT MARKETING SOLUTIONS INC.’s option, to either: (i) replacement of the TheFraudFend; or (ii) return of the TheFraudFend to obtain a refund for the portion of the subscription fee you have paid for the unexpired or unused portion of the Subscription Period. This warranty applies only to the TheFraudFend as originally delivered, and does not apply to: (i) any Updates; (ii) any defects caused by the combination, operation or use of the TheFraudFend with: (A) TheFraudFend, hardware or other materials not provided by ASBENT MARKETING SOLUTIONS INC.; or (B) Devices, TheFraudFend, or other materials that do not conform to ASBENT MARKETING SOLUTIONS INC. requirements set forth in the Documentation.
10.2. EXCEPT AS STATED IN SECTION 6.1 OF THIS AGREEMENT, MEMBERS OF THE ASBENT MARKETING SOLUTIONS INC. GROUP AND ASBENT MARKETING SOLUTIONS INC. PARTNERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THEFRAUDFEND OR DOCUMENTATION. EXCEPT AS STATED IN SECTION 10.1 OF THIS AGREEMENT, THE THEFRAUDFEND IS PROVIDED “AS IS” AND MEMBERS OF THE ASBENT MARKETING SOLUTIONS INC. GROUP AND ASBENT MARKETING SOLUTIONS INC. PARTNERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS IMPLIED BY STATUTE, COMMON LAW, JURISPRUDENCE OR OTHER THEORIES OF LAW, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ASBENT MARKETING SOLUTIONS INC. DOES NOT WARRANT THAT THE OPERATION OF THEFRAUDFEND WILL BE UNINTERRUPTED OR ERROR FREE, THAT THEFRAUDFEND WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR THEFRAUDFEND, OR THAT THEFRAUDFEND WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.
10.3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THEFRAUDFEND PROVIDED TO YOU WITHOUT FEES (INCLUDING THEFRAUDFEND PROVIDED AS A “FREE”, “TRIAL” OR “BETA” THEFRAUDFEND) IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT SUPPORT OR OTHER SERVICES BY ASBENT MARKETING SOLUTIONS INC..
10.4. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL ASBENT MARKETING SOLUTIONS INC. OR ANY COMPANY THAT CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH ASBENT MARKETING SOLUTIONS INC. (COLLECTIVELY, THE “ASBENT MARKETING SOLUTIONS INC. GROUP”) OR THEIR RESPECTIVE AGENTS, LICENSORS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS, WIRELESS CARRIERS OVER WHOSE NETWORK OR SYSTEMS THEFRAUDFEND IS PROVIDED, OR ANY OTHER BUSINESS PARTNER OF ANY MEMBER OF THE ASBENT MARKETING SOLUTIONS INC. GROUP (COLLECTIVELY, THE “ASBENT MARKETING SOLUTIONS INC. PARTNERS”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
10.4.1. ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY;
10.4.2. ANY DAMAGES FOR ANY LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY DEVICE OR THEFRAUDFEND (INCLUDING THE THEFRAUDFEND), WASTED EXPENDITURE, COSTS OF PROCURING SUBSTITUTE OR REPLACEMENT GOODS, SERVICES OR DIGITAL PRODUCTS, BUSINESS INTERRUPTION, ANY UNAUTHORIZED DISCLOSURE OR LOSS (INCLUDING ANY CORRUPTION, DEGRADATION OR UNAVAILABILITY) OF ANY DATA OR INFORMATION OF ANY NATURE (WHETHER OR NOT ANY OF THE FOREGOING LOSSES, DAMAGES, COSTS OR EXPENDITURE ARE DIRECT OR INDIRECT LOSSES OR DAMAGES); OR
10.4.3. ANY OTHER PECUNIARY OR NONPECUNIARY LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR THEFRAUDFEND PROVIDED HEREUNDER;
EVEN IF SUCH MEMBER OF THE ASBENT MARKETING SOLUTIONS INC. GROUP OR ASBENT MARKETING SOLUTIONS INC. PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, NO MEMBER OF THE ASBENT MARKETING SOLUTIONS INC. GROUP OR ANY ASBENT MARKETING SOLUTIONS INC. PARTNER WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE (WHETHER DIRECT OR INDIRECT) FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, DEGRADATION, UNAVAILABILITY, ERASURE, THEFT, DESTRUCTION, ALTERATION, DISCLOSURE OR LOSS OF ANY DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED BY OR IN CONNECTION WITH THEFRAUDFEND REGARDLESS OF THE CAUSE. TO THE FULL EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCES WILL ANY MEMBER OF ASBENT MARKETING SOLUTIONS INC. GROUP OR ANY ASBENT MARKETING SOLUTIONS INC. PARTNER’S TOTAL AGGREGATE LIABILITY FOR ALL LOSS OR DAMAGE TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATING TO THEFRAUDFEND, THE SUBSCRIPTION OR THIS AGREEMENT EXCEED THE GREATER OF: (I) FIVE U.S. DOLLARS (US$5.00); AND (II) THE AMOUNT OF THE SUBSCRIPTION FEES YOU HAVE PAID FOR THE IMMEDIATELY PRECEDING 12 MONTHS OF THE SUBSCRIPTION PERIOD.
10.5. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY OF MEMBERS OF THE ASBENT MARKETING SOLUTIONS INC. GROUP AND ASBENT MARKETING SOLUTIONS INC. PARTNERS CONTAINED IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE THEIR POTENTIAL LIABILITY FOR:
10.5.1. DEATH, PERSONAL INJURY, DAMAGE TO TANGIBLE PROPERTY OR FRAUD BEYOND THE EXTENT PERMITTED BY APPLICABLE LAWS; AND
10.5.2. ANY MATTER THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY APPLICABLE LAWS.

11. Privacy; Processing of Personal and Other Information

11.1. The term “Data”, as used in this Agreement and the Privacy Policy, means: (a) the information you provide to ASBENT MARKETING SOLUTIONS INC., another member of the ASBENT MARKETING SOLUTIONS INC. Group, or a ASBENT MARKETING SOLUTIONS INC. Partner in the course of ordering TheFraudFends, including your name, billing address (including postal code), email address, phone number, payment card or account number, payment card or account verification code, payment card commencement date and expiration date, the account password you select for your account with ASBENT MARKETING SOLUTIONS INC. or another member of the ASBENT MARKETING SOLUTIONS INC. Group, and other Billing Data as defined in ASBENT MARKETING SOLUTIONS INC.’s Privacy Policy (the “Privacy Policy”, which you can find here) (collectively, “Transaction Data”); (b) information ASBENT MARKETING SOLUTIONS INC., another member of the ASBENT MARKETING SOLUTIONS INC. Group or a ASBENT MARKETING SOLUTIONS INC. Partner collects in the course of processing and fulfilling your orders for TheFraudFends, including information about the make, model, operating system and other identifying details of your Device, the name of your Internet service provider, your Internet Protocol (IP) address; and (c) information about your installation and use of TheFraudFends ((b) and (c) collectively being referred to as “Service Data” in the Privacy Policy).
11.2. You authorize ASBENT MARKETING SOLUTIONS INC., another member of the ASBENT MARKETING SOLUTIONS INC. Group or a ASBENT MARKETING SOLUTIONS INC. Partner, to use your Data, for the purposes described in the Privacy Policy. You acknowledge that such use of your Data includes processing and fulfilling your orders for subscriptions, improving TheFraudFends, and providing information to you about the TheFraudFends to which you have subscribed and offering you other TheFraudFends. You acknowledge that ASBENT MARKETING SOLUTIONS INC. or another member of the ASBENT MARKETING SOLUTIONS INC. Group may share your Data with ASBENT MARKETING SOLUTIONS INC. Partners such as ASBENT MARKETING SOLUTIONS INC.’s ecommerce platform providers and payment processors, suppliers providing support, services and TheFraudFends to you on ASBENT MARKETING SOLUTIONS INC.’s behalf, and suppliers providing ASBENT MARKETING SOLUTIONS INC. or a member of the ASBENT MARKETING SOLUTIONS INC. Group with purchase analytics and crash analytics in respect of TheFraudFends.

12. Termination

12.1. This Agreement will immediately terminate upon your breach of any of your obligations in this Agreement (including any breach of your obligations) which will result in forfeiture of any rights you may have to receive Updates or to obtain a refund for the portion of the subscription fee you have paid for the unexpired or unused portion of the Subscription Period. ASBENT MARKETING SOLUTIONS INC. reserves the right to any other remedies available under law in the event your breach of any of your obligations under this Agreement adversely affects any member of the ASBENT MARKETING SOLUTIONS INC. Group or any ASBENT MARKETING SOLUTIONS INC. Partner. The exclusions and limitations of liability of members of the ASBENT MARKETING SOLUTIONS INC. Group and ASBENT MARKETING SOLUTIONS INC. Partners contained in this Agreement will survive termination of this Agreement.
12.2. ASBENT MARKETING SOLUTIONS INC., by notice to you, may immediately terminate this Agreement for convenience at any time with respect to any particular TheFraudFend or all TheFraudFends and the entire and exclusive liability of each member of the ASBENT MARKETING SOLUTIONS INC. Group and each ASBENT MARKETING SOLUTIONS INC. Partner, and your sole and exclusive remedy, in respect of any such termination will be limited to a refund for the portion of the subscription fees you have paid for the unexpired or unused portion of the Subscription Period. From the effective date of such termination you will no longer be entitled to use any affected TheFraudFend and Documentation.
12.3. If a Subscription Period is conditioned on you paying a fee or charge, and if ASBENT MARKETING SOLUTIONS INC. has not received payment by the 15th day following the commencement of that Subscription Period, you will be deemed to have surrendered your license to use the TheFraudFend, and the license will terminate immediately without further action by you or ASBENT MARKETING SOLUTIONS INC..

13. Binding Arbitration Agreement and Class Action Waiver

13.1. This Section 11 applies to any Dispute arising from or related to TheFraudFend, subscription for TheFraudFend or this Agreement, and involving you and ASBENT MARKETING SOLUTIONS INC.. “Dispute”, for the purposes of this Section 11, means any dispute, action, or other controversy regardless of the particular cause of action(s) asserted (i.e., it encompasses, among any other potential cause of action or legal basis, claims for breach of contract, misrepresentation or fraud, indemnification, tort (including negligence and strict product liability), and violation of statute or regulation).
13.2. In the event of a Dispute, you must provide ASBENT MARKETING SOLUTIONS INC. with a notice of Dispute, which is a written statement of your name, address and contact information, the facts giving rise to the Dispute, and the relief requested by you. You must send any notice of Dispute by email to ASBENT MARKETING SOLUTIONS INC. at complaints@thefraudfend.com.
13.3. The arbitration requirement of this Section 11 is subject to the following exceptions:
13.3.1. You may litigate any Dispute in small claims court, in the county or other similar political subdivision in which you reside, if the Dispute meets all requirements to be heard in the small claims court. If you initiate a claim in small claims court, you are responsible for all court costs and fees.
13.3.2. All Disputes concerning any alleged misappropriation of your or ASBENT MARKETING SOLUTIONS INC.’s intellectual property will be resolved in court.
13.3.3. If you are a consumer and live in the European Union, Norway, Iceland or Lichtenstein, you may be entitled to address your Dispute through an internet platform for online dispute re TheFraudFend established by the European Commission (the “ODR Platform”). The ODR Platform is intended to facilitate out-of-court re TheFraudFends relating to online purchases of goods and services between consumers and traders based in the European Union, Norway, Iceland and Lichtenstein. You will find the ODR Platform by following this link: http://ec.europa.eu/consumers/odr/.

14. General

14.1. Notice. ASBENT MARKETING SOLUTIONS INC. may at any time deliver any notice to you via electronic mail, pop-up window, dialog box or other means, even though in some cases you may not receive the notice unless and until you launch TheFraudFend. Any such notice will be deemed delivered on the date ASBENT MARKETING SOLUTIONS INC. first makes it available through a TheFraudFend, irrespective of when you actually receive it.
14.2. Questions About This Agreement. If you have any questions regarding this Agreement or wish to request any information from ASBENT MARKETING SOLUTIONS INC., please.
14.2.1. Write to ASBENT MARKETING SOLUTIONS INC. 1729 Dumont Cres SW Edmonton AB T6W 3J2 (Tel.: +44 203-740-9538); or
14.2.2. Contact ASBENT MARKETING SOLUTIONS INC. by email (helpdesk@thefraudfend.com) or visit ASBENT MARKETING SOLUTIONS INC.’s website at the address provided www.thefraudfend.com
14.3. Governing Law. The law governing this Agreement and any Dispute (as defined in this agreement will be the substantive law of the State of Alberta,Canada, without regard to choice of laws principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded.
14.4. Internet connection. Certain features of TheFraudFend may require an active and stable connection to the Internet in order to function. It is therefore your responsibility to ensure that you have at all times an active and stable Internet connection.
14.5. Product names. ASBENT MARKETING SOLUTIONS INC. from time to time may change the name of TheFraudFend, or change the name or logo applied to the TheFraudFend to the name or logo of another member of the ASBENT MARKETING SOLUTIONS INC. Group or a ASBENT MARKETING SOLUTIONS INC. Partner. These changes do not alter your subscription for TheFraudFend, the Subscription Period or this Agreement, and do not give you any right to terminate your subscription for a TheFraudFend, the Subscription Period or this Agreement.
14.6. Remote Access. ASBENT MARKETING SOLUTIONS INC. or an Associate, when providing services in connection with other services, will normally not access your device but in the event of any unavoidable circumstance you will consent to remotely connect to, and take control of your equipment in order to resolve the issues that you are experiencing.
14.7. The Associate may need to run various scripts on your equipment, make changes to its configuration, install and uninstall TheFraudFend, and make other changes to the equipment and/or TheFraudFend settings of such equipment as may be necessary to address your issues. You understand that the Associate may, but is not obligated to, install and remove various proprietary or third party TheFraudFend tools where the Associate deems it necessary to assist you with the issues that you are experiencing. Elements of such TheFraudFend are protected by law, including copyright.
14.8. You understand that if you disable TheFraudFend to allow access to your device from an external server, the liabilities arising will not come under the purview of TheFraudFend and that you alone will be responsible for any loss as an outcome.
14.9. You understand that in order for an external or third party server to access your device TheFraudFend will block the attempt and send you notifications either on device popup or email or phone or all. You may lose time during the approval or rejection of this request for which TheFraudFend will not be liable.
14.10. You acknowledge and agree that, by authorizing the TheFraudFend to establish a remote connection session, you grant ASBENT MARKETING SOLUTIONS INC. (and partners and contractors acting on ASBENT MARKETING SOLUTIONS INC.’s behalf) full or limited access to your equipment, TheFraudFend and network (depending on your equipment, TheFraudFend and network configuration), and authorize ASBENT MARKETING SOLUTIONS INC. to make such modifications as described above or as otherwise advised by the Associate during delivery of the TheFraudFend. You acknowledge and agree that the Associate, or you acting on the Associate’s direction may alter, delete or corrupt TheFraudFend or data on your equipment, change equipment, TheFraudFend or network settings, or otherwise interfere with the proper operation of your equipment, TheFraudFend or network.
14.11. You acknowledge and agree that the Associate may have access to any information stored on your Device. Associates are trained not to access more information than necessary to resolve the issues for which you are requesting the Associate’s support. You must nevertheless remain in front of your Device screen to observe the actions of the Associate while he or she delivers the TheFraudFend on your Device. You will have the opportunity to end the live support session at any time by advising the Associate or disconnecting the remote connection session.
14.12. No member of the ASBENT MARKETING SOLUTIONS INC. Group makes any representation, warranty or undertaking regarding Threat Samples, and the ASBENT MARKETING SOLUTIONS INC. Group disclaims any warranty (whether express or implied) that the reproduction, distribution or use of any Threat Sample does not infringe the intellectual property rights of any third party, violate the privacy or other personal rights of others, or violate applicable law. If you use, copy, reproduce, process, adapt, modify, create derivative works from, upload, publish, transmit, store, display, distribute, make available to others, or otherwise use any Threat Sample, you assume all associated risks, and irrevocably waive all rights to bring a claim against any member of the ASBENT MARKETING SOLUTIONS INC. Group in connection with such Threat Sample.