Terms to use
Last updated: October 22nd, 2018
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.securedrive.com website (the “Service”) operated by Fidelity Height LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
THE CLIENT ACKNOWLEDGES AND AGREES THAT THE PRODUCT(S) ARE SUBJECT TO SUCH UNITED STATES LAWS AND REGULATIONS AS SHALL FROM TIME TO TIME GOVERN THE LICENSING AND DELIVERY OF TECHNOLOGY AND GOODS ABROAD BY PERSONS SUBJECT TO THE JURISDICTION OF THE UNITED STATES, INCLUDING THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED, AND THE EXPORT ADMINISTRATION REGULATIONS ISSUED BY THE DEPARTMENT OF COMMERCE, INTERNATIONAL TRADE ADMINISTRATION, OFFICE OF EXPORT ADMINISTRATION. DISTRIBUTION CUSTOMER AGREES TO COMPLY WITH THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED, AND THE EXPORT ADMINISTRATION REGULATIONS ISSUED BY THE DEPARTMENT OF COMMERCE, INTERNATIONAL TRADE ADMINISTRATION, OFFICE OF EXPORT ADMINISTRATION.
THE CLIENT AGREES THAT (A) IT IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS AND APPROVAL NECESSARY TO EXPORT THE PRODUCT(S) AND (B) IT SHALL NOT, DIRECTLY OR INDIRECTLY, EXPORT, RE-EXPORT THE PRODUCT(S), ASSOCIATED TECHNICAL DATA, MEDIA OR PRODUCT, TO COUNTRIES TO WHICH EXPORT OR RE-EXPORT IS PROHIBITED UNDER THE EXPORT ADMINISTRATION REGULATIONS OR OTHERWISE CONTRAVENE THE EXPORT ADMINISTRATION REGULATIONS OR OTHER UNITED STATES LAWS AND REGULATIONS GOVERNING THE SAME IN EFFECT FROM TIME TO TIME.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Limitation Of Liability
Fidelity Height LLC SHALL NOT BE LIABLE BY VIRTUE OF ANY WARRANTY, PROMISE OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR MULTIPLE DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM ANY LOSS OF DATA RESULTING FROM THE USE OR OPERATION OF THE PRODUCT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF PROFITS, WHETHER OR NOT SECUREDATA, INC. WAS APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. SECUREDATA, INC’S LIABILITY SHALL BE LIMITED TO THE ACTUAL COST OF THE PRODUCT OR $1,000.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a annual basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or SecureData, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting SecureData, Inc. customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide SecureData, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize SecureData, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, SecureData, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Certain refund requests for Subscriptions may be considered by . Fidelity Height LLC on a case-by-case basis and granted in sole discretion of Fidelity Height LLC.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Fidelity Height LLC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fidelity Height LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Fidelity Height LLC.
Fidelity Height LLC. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Fidelity Height LLC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Fidelity Height LLC . and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
SecureData, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at [email protected].