Albion Global Inc proprietary software, partner software, freeware is used in your computer to allow a remote control session between an operator and a computer or computers on your network. By clicking "ACCEPT", you are authorizing a remote operator to operate as Albion Global to your computer and you understand that the permitted operator will have partial or fully unrestricted access to gain access to this computer or computers on your network as well as their contents on your network.
The operator will then be able to transfer files without additional authorization from you. If you are in any way unsure about the identity, technical ability or trustworthiness of the operator about to use the Albion services and do not wish the operator to have access to your computer, click "DO NOT ACCEPT". This Agreement does not grant any rights to you in the Albion services and you agree not to use, copy, modify, enhance, merge, reverse engineer, reverse assemble, decompile, or in any way alter the Albion services or its application with any copy, adaptation, transcription, or merged portion thereof or otherwise attempt to derive source code there from.
You also hereby acknowledge and agree that Albion Global may verify the use of the Applications through online verification procedures which may include support session time logging. In addition, you acknowledge that the Albion usage of applications provides for trouble support notification to Albion Global in the event of their failure.
In no circumstances shall Albion Global, its affiliates, or any of their respective officers, directors, shareholders, agents employees, contractors or licensors (the "Albion parties") be liable for any direct, indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including without limitation system damage, or loss of data, privacy revenue, profits, use or other economic advantage) arising out of, or in any way connected with,
- the downloading of the applications and usage of freeware incase their are any onto your computer,
- the remote control services provided by the operator(s),
- any interruption to use of the remote control service, or
- any content obtained from or through the remote control service, even if the Albion party (ies) from which damages are sought have been previously advised of the possibility of such damages.
Any dispute, claim, or controversy in connection with or arising under the use of the Albion or any other freeware Software or this Agreement, its construction, existence, interpretation, validity, or any breach hereof which cannot be amicably settled between the parties, shall be finally and exclusively resolved by arbitration under the Rules of Arbitration of the American Arbitration Association then prevailing. The parties agree that the dispute shall be resolved using one arbitrator unless the parties agree to a greater number of arbitrators. The arbitrator shall apportion the costs of the arbitration equally but may award or order reimbursement of legal fees and expenses in the manner deemed fair and equitable by the arbitrator. The arbitration proceedings shall be held in, UTAH U.S.A. and shall be subject to the terms of this Agreement, the intentions of the parties as stated herein, international commercial practice, and the governing law of this Agreement.
The award in arbitration shall be final and binding, and judgment upon award may be entered in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. If it becomes necessary for either party to enforce an arbitral award by legal action or additional arbitration or judicial methods, the party against whom the award is ultimately enforced shall pay all reasonable costs and attorney's fees incurred by the party in enforcing the award.
The parties hereby expressly waive any right to trial by jury or class treatment of any claim, demand, action or cause of action arising out of or relating to this agreement or the breach thereof, provided that nothing in this agreement shall preclude a party from seeking to compel arbitration in a state or federal court of competent jurisdiction, the laws of the state of Utah, in case there is any punitive damage to be paid it is agreed that it would not be more than $ 250