Terms of Service
This website and its associated websites (the "Website") offer software products and online services (the "Products and Services") provided by SecureData, Inc., a California corporation. By using the Website and/or purchasing or downloading the Products and Services, you agree to be bound by the following terms and conditions (the "Terms"). If you do not agree with any of these Terms, you should not use the Website or the Products and Services.
- SecureData, Inc. reserves the right, in its sole discretion and without giving prior notice, to take any of the following actions (without limitation):
- Change, suspend or terminate any part of the Products and Services it provides, except Products and Services that have been ordered and paid for.
- Restrict, suspend or terminate your access to any part of the Products and Services, except Products and Services that have been ordered and paid for.
- Deactivate or delete any customer accounts and related information, except for information related to Products and Services that have been ordered and paid for.
- Establish general practices, procedures and restrictions concerning the use of the Website and Products and Services.
- Modify or amend these Terms.
- Except as expressly provided, SecureData, Inc. shall not be liable for any damage directly or indirectly caused by the Website and Products and Services. For more details, see the Disclaimer of Warranties and Limitation of Liability section below.
- The technology and software underlying the Website and Products and Services are proprietary to SecureData, Inc. and/or its affiliates. You agree not to copy, modify, distribute, reverse-engineer, transfer or otherwise violate or compromise any right to this technology or software.
Account Registration and Password
If we request registration or other information from you, you agree to provide SecureData, Inc. with true, accurate, current and complete information. You agree to promptly update this information as necessary. If you are issued an account and/or password, you agree to maintain the confidentiality and security of your password and account information. You agree to immediately notify us if you suspect or know of any unauthorized use of your password or account. You may not use anyone else’s password or account.
Disclaimer of Warranties / Limitation of Liability
Your use of the Website is at your own risk. The Products and Services are offered "as is" without any express warranty of any kind, including warranties of merchantability, fitness for a particular or implied purpose, or non-infringement.
USERS OF THE WEBSITE AND/OR PRODUCTS AND SERVICES HEREBY AGREE THAT, TO THE FULLEST EXTENT OF THE LAW, THE LIABILITY OF SECUREDATA, INC. TO USERS FOR PRODUCTS AND SERVICES PROVIDED BY SECUREDATA, INC. SHALL NOT EXCEED $1,000.00 OR THE AMOUNT ACTUALLY CHARGED TO THE USER FOR THE PRODUCTS AND/OR SERVICES, WHICHEVER IS GREATER, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. UNDER NO CIRCUMSTANCES SHALL SECUREDATA, INC. BE LIABLE TO USERS IN CONTRACT, TORT, STRICT LIABILITY, WARRANTY OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS (BUT NOT LIMITED TO) DELAY, DISRUPTION, LOSS OF PRODUCT, LOSS OF ANTICIPATED PROFITS OR REVENUE, LOSS OF USE OF EQUIPMENT OR SYSTEM, COMPUTER VIRUSES, NON-OPERATION OR INCREASED EXPENSE OF OPERATION OF OTHER EQUIPMENT OR SYSTEMS, COST OF CAPITAL, OR COST OF PURCHASE OR REPLACEMENT EQUIPMENT OR SYSTEMS. AS USED IN THIS PARAGRAPH, "SECUREDATA, INC." INCLUDES SECUREDATA, INC. AND ITS AFFILIATES, CONTRACTORS, PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES.
You agree to indemnify, defend and hold harmless SecureData, Inc., its officers, directors, employees, agents, affiliates and partners from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these Terms.
The enforceability, validity, construction, and operation of these Terms shall be determined according to the laws of the State of California. The Federal and State courts of California shall have sole and exclusive jurisdiction over any disputes or claims arising under these Terms.