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Site Terms of Use

Effective Date:  December 12, 2019

The following Terms of Use (“Site Terms”) describe the terms and conditions on which Privafy, Inc. (“Privafy” or “we”) offers you access to www.Privafy.com (“Site”).

Please see the Privafy Terms of Service for the terms and conditions that apply to Privafy’s cloud-based cybersecurity solution for data in motion.

Before accessing and using the Site, please read these Site Terms carefully because they constitute a legal agreement between Privafy and you.

BY USING THE SITE, YOU AFFIRM THAT:

– YOU HAVE READ AND UNDERSTAND THESE SITE TERMS;

– YOU WILL COMPLY WITH THESE SITE TERMS; AND

– YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.

IMPORTANT NOTE: These Site Terms contain provisions that limit Privafy’s liability to you and require you to resolve any dispute with us on an individual basis and not as part of any class or representative action.  Please see “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” (Section 8) and “GOVERNING LAW; DISPUTE RESOLUTION” (Section 10) below for more information.

  1. CHANGES TO SITE TERMS

The Effective Date of these Site Terms is set forth at the top of this webpage.  As we add new features to the Site, we may modify these Site Terms.  When we modify these Site Terms, we will update the Effective Date and, when   reasonably possible, we also will provide you with advance written notice of our changes.  We will not make changes that have a material retroactive effect unless we are required to do so by law or to protect the rights of other Site users.  Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Site Terms.  The amended Site Terms supersede all previous versions of or agreements, notices or statements of or about the Site Terms. Any change to the dispute resolution will not apply to any dispute for which we have actual notice before the date the change is posted on the Site.

  1. ADDITIONAL TERMS

Additional terms and conditions may apply to certain features of the Site.  When presented to you, you must agree to the additional terms before using the features to which they apply.  These Site Terms and the additional terms will apply equally unless an additional term is irrevocably inconsistent with these Site Terms, in which case the additional term will prevail but solely to the extent of the inconsistency.

  1. PRIVACY

Please review our Privacy Policy to learn about the information that we collect from or about you when you use the Site and how we process it.

Without limiting the terms of our Privacy Policy, you understand that Privafy uses, stores and otherwise processes information collected through the Site and also may share that information with our service providers, distributors and channel partners for the purposes of improving the Site or sending you tailored information about our products and services that we believe may interest you (including through email with your consent if and when required by applicable law).

We do not and cannot guarantee the security of information provided by you through the Site.  You are responsible for using the precautions and security measures best suited for your situation and intended use of the Site.  We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law or government regulator’s request.

  1. PRIVAFY CONTENT

The Site, including any information, graphic, artwork, text, video clip, audio clip, trademark, logo and other content provided on or through the Site (collectively, “Privafy Content“), is owned by Privafy or its licensors and protected under both U.S. and foreign copyright, trademark and other laws.

Privafy grants to you a nonexclusive, nontransferable and limited license (without the right to sublicense) to access and use the Site and download, print and/or copy Privafy Content solely for your own your personal and professional use, provided that your professional use is limited to learning about Privafy and subject to these Site Terms.  You acknowledge that the trade secrets and intellectual property embodied in the Site are not and will not be licensed or otherwise disclosed to you.  All rights not expressly granted herein are reserved by Privafy.

These Site Terms and your use of the Site grant you only the limited rights described in these Site Terms.  Nothing contained in these Site Terms grants by implication, estoppel or otherwise, any license or right in or to Privafy’s trademarks, logos or service marks (“Marks”), patents, trade secrets or other intellectual property embodied in the Site.  Unauthorized use of any of the Marks or our other intellectual property may violate law.

  1. USING THE SITE

5.1.      Your Responsibilities: You may use the Site for lawful, non-commercial purposes only.  You may not use the Site in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other party’s use and enjoyment of the Site.

You may not attempt to gain unauthorized access to the Site or Privafy’s computer systems or networks through hacking, password mining or any other means.  Without limiting any of the foregoing, you agree that you shall not (and you agree not to encourage or allow any third party to):

  • copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Site or Privafy Content;
  • remove any copyright, trademark or other proprietary rights notice contained in the Site or Privafy Content;
  • use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site or any feature or functionality of the Site to any third party for any reason;
  • reformat or frame any portion of the web pages that are part of the Site;
  • collect or store personal data about any other user without his/her express prior written consent; or
  • use the Site to send any unauthorized or unsolicited commercial or promotional content.

Privafy has the discretion to terminate your access to the Site without notice for any violation of the above rules.

You are solely responsible for any and all charges, fees and other costs related to use of the Site.   If you access and use the Site on your smartphone, tablet or other mobile device, you agree that you are solely responsible for all charges that you incur from your Internet or mobile service provider.

5.2.      Submissions.  Privafy may from time to time offer areas in the Site where you and other users can post or otherwise submit suggestions, feedback, ideas, notes, concepts or other information or materials to or through the Site (collectively, “Submissions“).  By sending, posting or transmitting Submissions to Privafy (and/or our designees) through the Site, you grant Privafy and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual and irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you.  In other words, Privafy has the automatic right to use your Submissions — including reproducing, disclosing, publishing or broadcasting your Submissions — in any medium and for any purpose.  Under no circumstances are you entitled to payment if Privafy uses one of your Submissions.  All Submissions are deemed non-confidential and non-proprietary.

By posting a Submission, you represent and warrant that:

  • you own or otherwise control all of the rights to your Submission, including without implied limitation all copyrights;
  • your Submission is true and accurate;
  • your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
  • your Submission complies with applicable laws, rules and regulations.

You acknowledge and agree that Privafy has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submission.  Privafy takes no responsibility and assumes no liability for any Submission posted by you or any third party.  Privafy is not responsible for information that you choose to communicate via Submissions.

Privafy reserves the right to view, monitor and record activity on the Site to the fullest extent permitted by applicable law and in accordance with our Privacy Policy.  Privafy hereby reserves the right to discontinue access to a Site either with or without notice if Privafy has a reasonable basis to believe that any user is accessing or using any Privafy Content in violation of these Site Terms, in addition to any other available rights and remedies.

  1. PROMOTIONS

From time to time, we may offer you the opportunity to participate in free trials, discounts, offers or other promotions (collectively, “Promotions”).  You may not transfer, assign, sell, trade or barter any benefit that you receive through our Promotions.  Unless required by law, any Promotion-related benefit may not be combined with a benefit received in connection with any other Promotion.  EXCEPT AS OTHERWISE EXPRESSLY STATED BY PRIVAFY, ANY PROMOTIONAL BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM PRIVAFY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials.  We may disqualify any individual who tampers with any Promotion or Promotion-related process.  CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. LINKS TO OTHER WEBSITES AND SERVICES

The Site may contain links to third-party websites and services, including social media (collectively, “Linked Services”).  Linked Services are not under the control of Privafy and Privafy is not responsible for Linked Services or for any information or materials on or any form of transmission received from Linked Services.  You access Linked Services at your own risk.  The inclusion of a link does not imply endorsement by Privafy of the Linked Services or any association with the operators of the Linked Services.  Privafy does not investigate, verify or monitor the Linked Services.  Privafy provides links to Linked Services for your convenience only.  Please check the URL address provided in your browser to see if you are on the Site’s domain or a third-party domain.

  1. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

Privafy warrants that Privafy has validly entered into these Site Terms and has the legal power to do so.  You warrant that you have validly entered into these Site Terms and have the legal power to do so.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  Privafy specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade.  Privafy does not warrant that (a) the Site will meet your requirements, (b) operation of the Site will be uninterrupted or virus- or error-free or (c) errors will be corrected.  Any oral or written advice provided by Privafy or its authorized agents does not and will not create any warranty.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Your use of the Site is at your own risk.

YOU AGREE THAT PRIVAFY IS NOT LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE SITE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF PRIVAFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ALSO AGREE THAT PRIVAFY IS NOT LIABLE FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE.

The disclaimers and limitations in this Section 8 do not purport to limit liability or alter any right that cannot be excluded under applicable law.

PRIVAFY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES ARISING FROM YOUR USE OF THE SITE IS LIMITED TO ONE HUNDRED DOLLARS ($100).

You acknowledge and agree that the above limitations of liability together with the other provisions in these Site Terms that limit liability are essential terms and that Privafy would not grant you the rights set forth in these Site Terms but for your agreement to the above limitations of liability.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

  1. INDEMNIFICATION

You agree to indemnify and defend Privafy and its directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against Privafy by any third party arising from your Submissions, use of the Site in violation of these Site Terms or your actual or alleged violation of the rights of a third party or applicable law.  Privafy reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder.  No settlement that affects the rights or obligations of Privafy may be made without Privafy’s prior written approval.

  1. GOVERNING LAW; DISPUTE RESOLUTION

All matters related to the Site are governed by the internal laws of the Commonwealth of Massachusetts, United States, as such laws apply to agreements made and performed therein (without giving effect to the principles of conflicts of laws).  You must institute any legal action or proceeding relating to your access to or use of the Site in a state or federal court in Middlesex County, Massachusetts. You and Privafy agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

You and Privafy agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Site Terms.

YOU AND Privafy AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. 

Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Privafy under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this Section 10.  This provision does not, however, apply if you reside in a jurisdiction that permits you to make your claim a legally competent court of the jurisdiction where you reside or is otherwise prohibited or restricted by applicable law.

European Union Residents: if you are an individual consumer who cannot resolve a dispute with Privafy, you may have the right to submit a complaint through http://ec.europa.eu/consumers/odr.

  1. ELECTRONIC CONTRACTING

Your affirmative act of using the Site constitutes your electronic signature to these Site Terms and our Privacy Policy and your consent to enter into agreements with us electronically.

  1. GEOGRAPHIC RESTRICTIONS

The Site is controlled, operated and administered by Privafy from its offices within the United States and our policies and procedures are based on United States law. The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law.  Privafy does not in any manner warrant or represent that the Site, including any content contained thereon, is appropriate or available for use in any particular location.  If you choose to access the Site, you do so on your own initiative and you are responsible for compliance with all applicable laws.

Contents of the Site may be subject to U.S. export control laws, including the US export control laws and regulations. You shall not and shall not permit any third party to, directly or indirectly, export, re-export or release any part of the Site to, or make the Site accessible from, any jurisdiction to which export, re-export or release is prohibited by law.

  1. TERMINATION

These Site Terms automatically terminate when you fail to comply with any term or condition of them.  Privafy may terminate the Site or modify your access to the Site, with or without notice to you, at any time for any reason.  For example, Privafy may prohibit your use of the Site if Privafy believes that you are a minor.

Termination will not limit any of Privafy’s other rights or remedies.  Sections 4, 8, 9, 10, 12, 14 and 15, as well as any other provision that must survive in order to give proper effect to the intent and purpose of these Site Terms, shall survive termination.

  1. CLAIMS OF COPYRIGHT INFRINGEMENT

We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”) or any other similar applicable law, including by removing or disabling access to material claimed to be the subject of infringing activity.  If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated in or through the Site, please send your claim or notice of infringement to our copyright agent at copyrights@privafy.com.

By mail:

Privafy, Inc.
2 Burlington Woods Drive
Burlington, MA 01803
ATTN: Copyright Agent
By telephone: (781) 342-1077
By email: copyrights@privafy.com

Our copyright agent will only respond to notices and inquiries that comply with the requirements of the DMCA.  Please see www.copyright.gov for more information.

Upon receipt of notification complying with the DMCA, Privafy will take steps to remove or disable access to any infringing material and remove or disable access to any link to infringing material.  Notifications must include ALL of the following:

  1. a physical or electronic signature of the persons authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where in the Site the material that you claim is infringing is located;
  4. contact information reasonably sufficient to permit Privafy to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. a statement by you, made under penalty of perjury, that the information in your notification to Privafy is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

MISCELLANEOUS

  1. These Site Terms (including our Privacy Policy) contain the entire understanding by and between Privafy and you with respect to the Site and matters contained herein.
  2. These Site Terms inure to the benefit of and are binding on Privafy’s and your successors and assigns, respectively.
  3. Privafy may assign these Site Terms to a successor in interest (in whole or in part) but you may not assign the Site Terms without the prior express written consent of Privafy.
  4. If any provision of these Site Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision was not used.
  5. If Privafy fails or you fail to perform any obligation under these Site Terms and the other party does not enforce such obligation, the failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion.
  6. Nothing contained in these Site Terms creates a relationship or partnership, joint venture, or agency between Privafy and you.
  7. If Privafy is or you are prevented from performing or unable to perform any obligation under these Site Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such cause.
  8. Headings and captions are for convenience only.

 

QUESTIONS AND FEEDBACK

If you have questions or feedback about the Site or these Site Terms, please contact us at:

Privafy, Inc.
2 Burlington Woods Drive
Burlington, MA 01803
ATTN: LEGAL DEPARTMENT
(781) 342-1077
info@privafy.com

Copyright © 2019 Privafy, Inc. and/or its affiliates.  All rights reserved.