Affirmative Representations Regarding Your Use of the Service
User Registration and Accounts
You can visit and browse the Service without becoming a registered user of the Service, but you will not be able to sign up for or receive emails through the Service, unless you are a registered user of the Service. You can sign up to become a registered user of the Service by completing the registration process using the sign-up Lightbox on our website. If you sign up to become a registered user of the Service, you agree: (i) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
Prohibited Activities, Social Media Guidelines
A. Prohibited Activities. You agree that in connection with your use of the Service, you will not:
(i) use the Policyvault name, logo, trademark or branding in a way that confuses people about your affiliation or relationship with Policyvault;
(ii) use the Service for purposes of advertisements or solicitations for jobs or employment, or otherwise use the Service to hire any person to perform work, including, without limitation, posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service.
(iii) use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent.
(iv) transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications.
(v) impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.
(vi) use the Service in connection with any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents.
(vii) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
(viii) circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 6) or enforce limitations on use of the Service or the Materials on the Service.
B. Social Media Guidelines. If you access or use any of the Policyvault social media pages on Facebook, Pinterest, Twitter, Instagram or YouTube, or post any reviews or comments regarding your use of the Service on these social media services or other third-party websites, we ask you to follow the following guidelines:
(i) Please be polite and courteous. Bullying, name-calling, profanity, or anything that does not contribute to the Policyvault conversation of encouragement, gruesome language or the like, are not acceptable.
(ii) Please verify that all information submitted is accurate and factual. Negative comments and complaints posted by you could be construed as claims about Policyvault or an individual and may be subject to libel laws and other legal claims.
(iii) We would like to hear about your complaints or concerns regarding the Service before you share them publicly with others so that we can help resolve them for you. If you are a user and have a customer service comment, complaint, concern or idea, please email us at firstname.lastname@example.org.
Our Intellectual Property Rights
All materials on the Service, including without limitation, logos, documents, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.
Commercial Exploitation herein refers to as:
Reproduction of our contents which includes but not limited to documents, logos, images, illustrations, texts on third-party websites or any service without authorization
Our Management of the Service; User Misconduct
B. Interactions with other Users. Please choose carefully the information you share through the Service and that you give to other users of the Service. You assume all risks associated with dealing with other users with whom you come in contact through the Service.
Third Party Sites
The Service may contain links to websites operated by third parties (“Third Party Sites”), and you may be able to share information with Third Party Sites through links on the Service; however, we do not own or operate the Third-Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the third-party sites may also be protected by copyright and other intellectual property laws.
Privacy; Consent to Electronic Communications
Fees and Payment
a. Paid Services. Some portions of the PV Service may have fees associated with them (each, a “Paid Service”). You will have the opportunity to review and accept the fees that you will be charged before using a Paid Service. We may change fees for any portion of the Site at any time.
b. Free Trial. PV may make available a 14-day trial for a Paid Service without charge to you (“Free Trial”). You may be required to enter a Payment Method (defined below) in order to register for a Free Trial. The applicable Paid Service will automatically commence, and your Payment Method will be charged in accordance with Section (d), at the end of the Free Trial unless you log into your account and cancel the Paid Service before the end of the Free Trial.
c. Payment Information. You are solely responsible for paying all fees and applicable taxes associated with your PV Service account in a timely manner with a valid payment method. By electing to purchase or otherwise use a Paid Service, you authorize PV or its third-party payment processors to charge the credit card or other payment method identified by you (“Payment Method”), which you represent and warrant that you are authorized to use, all applicable fees for that Paid Service, including all applicable taxes. For purchases of one-time Paid Services (i.e., not subscriptions), your Payment Method will be billed for that Paid Service on the date that you make the purchase.
d. Subscriptions. For purchases of subscriptions to Paid Services:
- Your “Subscription Billing Date” is the date when you purchase your first subscription to a Paid Service. For example, if you purchase your first subscription to a Paid Service on January 10th: (1) your Subscription Billing Date for your first monthly subscription and all other monthly subscriptions you purchase is the 10th of each month, (2) your Subscription Billing Date for your first annual subscription is January 10th of each year, and (3) your Subscription Billing Date for all subsequent purchases of annual subscriptions will be the next soonest 10th monthly calendar day after your date of purchase. Your Payment Method will be charged automatically on the Subscription Billing Date all applicable fees for the next month or year, as applicable.
- For any subscription to a Paid Service that you purchase after your Subscription Billing Date is established, your Payment Method will first be charged a pro-rata amount of the subscription fee for the number of days between the purchase date and the applicable Subscription Billing Date. Your Payment Method will then be charged the full periodic subscription fee for the next month or year, as applicable, on each Subscription Billing Date thereafter (or on the last day of the calendar month, if the last day of the calendar month occurs before the Subscription Billing Date for that month).
e. Termination of Subscriptions. For any subscription to a Paid Service, that subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next period’s (i.e., months or year’s) subscription fees to your Payment Method. We will bill the periodic subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
f. Third Parties and Fee Collection. You acknowledge and agree that any credit card and related billing and payment information that you provide to the Site may be shared by the Site with companies who work on PV’s behalf, such as payment processors or credit agencies, solely for the purpose of checking credit, effecting payment to the Site and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If your Payment Method for any Paid Service fails or your account is past due, (i) you agree to pay all amounts due on your PV account upon demand, (ii) PV may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (iii) PV reserves the right to either suspend or terminate your access to one or more PV Services or your account with PV. Upon any such termination, you will remain obligated to pay all outstanding fees and charges relating to your account and your use of the PV Service before termination.
g. Refunds. Any fees charged to your account are non-refundable except as expressly stated in these Terms. You agree to submit any dispute regarding any charge to your account in writing to PV within thirty (30) days of the charge, otherwise that dispute will be waived, and the charge will be final and not subject to challenge. Refunds (if any) made pursuant to a dispute, are at the discretion of PV.
h. Taxes. You are responsible for paying any governmental taxes imposed on your use of the Site, including sales, use, or value added taxes. If requested, you will promptly furnish to the Site the applicable receipts or certificates regarding such remittances as soon as reasonably practicable. To the extent that PolicyVault is obligated to collect such taxes, PV will charge your Payment Method or otherwise add the applicable to your billing account.
Warranty Disclaimer; Limitation on Liability
A. Disclaimer of Warranties.
You agree that your use of the Service will be at your sole risk. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the Service and your use thereof.
(ii) To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the Service’s content, the content of any site linked to the Service, or information or any other items or materials on the Service or linked to by the Service. We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Service, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Service.
C. Exceptions to Disclaimers and Liability Limitations. Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the limitation or exclusions in Sections 9(A) and 9(B) may not apply to you.
You hereby agree, at your expense, to indemnify, defend and hold harmless, Policyvault, its officers, directors, investors, members, managers, partners, affiliates, employees, agents, service providers and other contractors from and against any loss, cost, damages, liability and/or expense, including reasonable attorney fees, arising out of or relating to third party claims, actions or allegations brought against Policyvault arising out of your use of the Service. You will not be required to indemnify and hold Policyvault harmless from and against any claims, liabilities, damages, losses, or expenses resulting from Policyvault own negligent conduct.
Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
A. Initial Dispute Resolution. We are available by email at email@example.com to address any concerns, you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and Policyvault agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by Policyvault if you do not prevail in arbitration.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
C. Class Action and Class Arbitration Waiver. You and Policyvault each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Policyvault each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable forany reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 11(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
D. Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
E. 30 Day Right to opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 11(B), 11(C), and 11(D) by sending written notice of your decision to opt-out to the following email: firstname.lastname@example.org. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Notice to New Jersey Users
Notice to California Users
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to team@policyvault. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice to International Users
The Service is controlled and operated by Policyvault from its offices in the United States and Nigeria. We do not make any representations that the Service or any Materials are available or appropriate for use in your location. You agree to comply with all local rules applicable to you regarding user conduct on the Internet and acceptable content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
No Modifications by Our Employees
Severance and Waiver