These Terms of Use (the “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and SecureData, Inc. (“we,” “us,” “our”), regarding your use of the Services and Products provided through our websites and web applications, including but not limited to www.securedata.com and related webpages (“Websites”). We reserve the right to modify these Terms of Use at any time and for any reason.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF OUR SERVICES AND PRODUCTS AND/OR WEBSITES. BY CREATING A CUSTOMER ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO ALL OF THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SERVICES AND PRODUCTS AND/OR WEBSITES AND MUST DISCONTINUE ANY USE OF THEM IMMEDIATELY.

1. SERVICES AND PRODUCTS

The term “Services and Products” shall refer to any and all of the services and products provided by us to customers that utilize in any way our Websites. The Services and Products include (without limitation): SecureCloud Storage Space, File Repair Utility, and Secure Shredder. We reserve the right to add, remove, change or discontinue any offerings of our Services and Products at any time and with or without notice.

2. CUSTOMER ACCOUNT AND REGISTRATION

To set up or use a customer account on our Websites, you must be at least 18 years of age. You must ensure that all the information you supply to us through our Websites, or in relation to your customer account, is true, accurate, current, complete and non-misleading. You are responsible for updating and maintaining the accuracy of your customer account information.

You agree to keep your password confidential and will be responsible for all use of your account and password. You are responsible for any activity on our Websites arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not allow any other person to use your customer account or the Services and Products provided through your customer account. You must notify us in writing immediately if you become aware of any unauthorized use of your customer account, or misuse of your password.

You may terminate your customer account at any time by providing written notice to us at [email protected]. We may terminate, suspend or restrict your customer account, and/or your use of any of our Services and Products, if we reasonably believe that you are violating the terms of this Agreement.

3. PROHIBITED USES

You must not use our Services and Products and/or Websites: (a) for any unlawful, fraudulent, harmful or malicious purpose; (b) to solicit others to perform or participate in any unlawful, fraudulent, harmful or malicious acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload, host or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services and Products and/or Websites or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services and Products and/or Websites or any related website, other websites, or the Internet.

4. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE SERVICES AND PRODUCTS AND WEBSITES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THEM WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS AND SERVICES AND WEBSITES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES AND PRODUCTS AND WEBSITES, (3) ANY DATA LOSS OR DATA DAMAGE, (4) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES, AND/OR (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITES BY ANY THIRD PARTY.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES AND PRODUCTS AND WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.

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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

5. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Websites are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Websites (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Except as expressly provided in this Agreement, no part of the Websites and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

6. ARBITRATION AGREEMENT

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

If you live in the United States (including its possessions and territories), you and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and any termination of your customer account(s).

7. MISCELLANEOUS

1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of California, without regard to any conflict of laws provisions.
2. Survival. If any provision(s) of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
3. Assignment. We may assign this Agreement to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Services and Products. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under this Agreement.
4. Entire Agreement. This Agreement constitutes the entire agreement and understanding between you and us regarding the subject matters herein. Either party’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
5. No Third-Party Rights. This Agreement is for our and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights hereunder is not subject to the consent of any third party.
6. Agreement Updates. We will alert you about any changes to this Agreement by updating the “Last Updated” date of this Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreement by your continued use of the Services and Products and Websites after the date such revised Agreement is posted.

Last Updated: December 23, 2019