Terms & Conditions
Whether you are a CertainSafe™ customer, or simply visiting our website, access to and use of this site are subject to the certain terms and conditions. To find out more information about these terms and conditions, please read the CertainSafe™ Legal Notices.
Terms & Conditions
Welcome to the Secure Cloud Systems™, LLC’s CertainSafe™ Web site (The “Web Site”). Please read the following notices, terms and conditions concerning your use of the CertainSafe™ Web Site. By accessing, creating an account, logging into, using or downloading any materials from the CertainSafe™ Web Site, you agree to follow and be bound by these notices, terms and conditions (Our “Terms”). If you are using the services on behalf of an organization, you are agreeing to these Terms for that organization and confirming now to Secure Cloud Systems™ that you have the authority to bind said organization to Secure Cloud Systems’s™ Terms and Conditions, (in which event, “you” and “your” will refer to that organization), unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of any of our services. You may use the services only in compliance with these Terms and only if you have the power to form a contract with Secure Cloud Systems™ and are not barred under any applicable laws or other contractual obligations from doing so. If you do not agree with these Terms, please do not use Secure Cloud Systems’s™ services or our CertainSafe™ Web Site.
Access to and use of this site is subject to the following terms and conditions and all applicable laws. CertainSafe™ is a wholly owned product of Secure Cloud Systems™ LLC. Any reference herein to CertainSafe™ is additionally a reference to Secure Cloud Systems™ LLC. All names, logos and marks appearing in this site, except as otherwise noted, are trademarks owned or used under license by Secure Cloud Systems™, CertainSafe™ or its affiliates. You may download and print a copy of the material displayed on this site for your personal use for noncommercial purposes only (provided you retain all copyright and trademark notices), however, you may not modify, distribute, transmit or sell the contents of this site without the written permission of Secure Cloud Systems™. Except as required under applicable state statute in such states may require it, neither CertainSafe™ nor Secure Cloud Systems™ makes any warranties or representations, express or implied, about the accuracy, timeliness or completeness of this site including without limitation the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. This site may contain technical inaccuracies or typographical errors. Neither CertainSafe™, Secure Cloud Systems™, nor any of its affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, inability to access, or any use of the content of this site or the content of any site(s) linked to this site, including without limitation any damages to, or viruses that may infect, your computer equipment or other property, even if Secure Cloud Systems™ is expressly advised of the possibility of such damages.
Any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law is strictly prohibited. Secure Cloud Systems™ reserves the right to delete, modify or supplement any communications you send to this site or otherwise to Secure Cloud Systems™ and or CertainSafe™ by electronic or other means are nonproprietary. CertainSafe™ shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowhow disclosed therein, for any purpose, including developing, manufacturing and/or the marketing goods or services.
CertainSafe™ does not provide, sell, license, or lease any of the materials other than those specifically identified as being provided by Secure Cloud Systems™. Secure Cloud Systems™ reserves the right to charge and collect for any and all overages up and above the standard costs for any bandwidth and or usage beyond what has been previously paid or contracted for, including by automatically charging you using credit cards on file with Secure Cloud Systems™ and/or CertainSafe™.
Certainsafe.com and Secure Cloud Systems, LLC shall not be responsible for any errors or omissions contained on our website and reserve the right to make changes to the website at any time without notice. Some product or company names and devices, logos, icons, graphics or designs referred to on Certainsafe.com are the property of their owners and are exhibited only in such a manner as is intended to be of benefit to their owner or as to present accurate information about their products and or offerings. We intend no infringement of these proprietary rights and make every attempt to present accurate and current information. Please see the intellectual property notice below for information on what to do if you believe your intellectual property is being infringed upon.
To obtain access to CertainSafe™ and or other Secure Cloud Systems™ services, you will be required to obtain an account with Secure Cloud Systems™ and become a registered user (“Registered User”). You will be required to complete our registration to obtain and designate specific user ID and password (or multiple IDs and passwords if for an Enterprise account). Once you have been approved by Secure Cloud Systems™ to become a Registered User, access to our service will be made available. Secure Cloud Systems™ in its’ sole discretion, reserves all rights to limit your access to our service or services at all times. You may be limited to the areas of the service, if any, that Secure Cloud Systems™ makes available to the general public or permits its Business or Enterprise users to access. When submitting registration information to CertainSafe™ you must: (a) provide true, accurate, current and complete information about yourself as requested and stated in our “Service’s registration form”. This Registration Data in many cases will be verified through a third party. (b) You are required to maintain and promptly update your “Registration Data” to keep it accurate, current, true and complete. Secure Cloud Systems™ reserves the right to withdraw any user and or access approval at any time in its sole discretion, with or without cause.
Only you may use your service account as access is provided on an individual basis to only a specific individual. You must keep your account, logon and passwords confidential. You may not authorize any third party to access or use our service on your behalf, unless we provide an approved mechanism for such use or prior written consent. You must notify us immediately if you suspect and fraud, breach, or misuse of your account or any other type of security breach or issue in the service we provide. You are responsible for all activities and all the actions that take place with or within your account. Secure Cloud Systems™ will not be liable for any loss or damage arising from any unauthorized use of your account or accounts.
If a third party such as your “ADMINISTRATOR” provided you your account, that party has rights to your account and maintains the rights to, manage your account, reset your password, or suspend or cancel your account, view your account’s usage and profile data, including additional restrictions regarding how and when your account is used, as well as read or store content in your assigned account. If you are an individual Registered User of our Service, and the domain of the primary email address associated with your account is owned by an organization and was assigned to you as an employee, contractor, independent contractor or member of such organization, and that organization establishes an “Enterprise” relationship with us and adds your account to their relationship with CertainSafe™ and or Secure Cloud Systems™, then, if you do not change the email address associated with your account, your account in most cases WILL be subject to the “Enterprise” relationship between CertainSafe™ and or Secure Cloud Systems™, and such organization and controlled by said organization and or entity.
CONSENT TO AND SOLICITATION AND ELECTRONIC COMMUNICATIONS.
By registering with CertainSafe™ and or Secure Cloud Systems™, you understand and you herby agree to accept any and all communications or data we may send from time to time regarding our services, including but not limited to (a) notices about your use of the services, including any notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding CertainSafe™ and or Secure Cloud Systems™ products and or services, via electronic mail.
USE RESTRICTIONS AND INDEMNIFICATION
Any technology and or software that may be made available to download from this or any other Secure Cloud Systems™ Web Site is the proprietary work of Secure Cloud Systems™. Use of any Secure Cloud Systems™ technology and or software is governed by the terms of our user license agreement. An end user agrees to the License Agreement terms by installing, copying, or using any technology and or software that may be made available through Secure Cloud Systems™ and or CertainSafe™. The technology is made available solely for use by end users according to the License Agreement.
SECURE CLOUD SYSTEM’S™ PRODUCTS ARE ONLY WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT. SECURE CLOUD SYSTEMS™ and SECURE CLOUD SYSTEMS, LLC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE USE OF OUR TECHNOLOGY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Any of our technology for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph ((c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs ((c)(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable. Except where expressly disclosed by Secure Cloud Systems™, any and all comments and, feedback, submitted to CertainSafe™ and or Secure Cloud Systems™ through or in association with ANY Secure Cloud Systems™ Web Site or other submissions and communications intended to be received by Secure Cloud Systems™ or any public posting on any Registered User forum or message board (“ANY Submissions”) shall be considered non-confidential and Secure Cloud Systems™ property. By providing such Submissions to Secure Cloud Systems™, you agree to assign to Secure Cloud Systems™, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Secure Cloud Systems™ shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Secure Cloud Systems™, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You further acknowledge that you are responsible for any other information (whether confidential or otherwise) that you store through the CertainSafe™ Web Site and retain full responsibility for such information, including its legality, reliability, appropriateness, originality and copyright.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY SECURE CLOUD SYSTEMS™, THE MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS” AND SECURE CLOUD SYSTEMS™ HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. SECURE CLOUD SYSTEMS™ MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
You agree to (a) hold Secure Cloud Systems™ and its officers, directors, members, shareholders, subcontractors, agents and advisors, and their respective successors and assigns, harmless from any and all claims and damages arising out of its enforcement of any provision of this policy, and (b) indemnify, defend and hold harmless Secure Cloud Systems™and its officers, directors, members, shareholders, subcontractors, agents and advisors, and their respective successors and assigns, from any and all claims and damages arising out of your use of the Web Site or any alleged breach of this policy.
LIMITATION OF LIABILITY
ALL LIABILITY OF SECURE CLOUD SYSTEMS™, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF OUR WEB SITE, SERVICES, CONTENT AND/OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECURE CLOUD SYSTEMS™ SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL SECURE CLOUD SYSTEMS™ BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,OR OTHERWISE RESULTING FROM: (A) THE USE OF, OR THE INABILITY TO USE, OUR SERVICES, CONTENT AND/OR USER SUBMISSIONS, (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR GOODS, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (D) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES AND/OR WEB SITE, (E) RELIANCE ON CONTENT, USER SUBMISSIONS AND/OR OTHER SUBMISSIONS ON OUR SERVICES AND/OR WEB SITE, OR (F) ANY OTHER MATTER RELATING TO OUR SERVICES, CONTENT, THE USER SUBMISSIONS AND/OR OUR WEB SITE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST SECURE CLOUD SYSTEMS™ FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD SECURE CLOUD SYSTEMS™ HARMLESS FROM, AND YOU COVENANT NOT TO SUE SECURE CLOUD SYSTEMS™ FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL OUR DIRECT LIABILITY HEREUNDER EXCEED ONE HUNDRED US DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LOCAL LAWS; EXPORT CONTROL
Secure Cloud Systems™ controls and operates this Web Site from various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other countries and or locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in the United States of America. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Secure Cloud Systems™, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. Export The Services cannot be exported or re-exported into (or to a national or resident of): (a) Taliban controlled Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; and/or; to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Entity List, or the U.S. Commerce Department’s Denied Parties list. Distributor warrants to Supplier that Distributor is not located in, under the control of, or a national or resident of any country described above nor a party named on any list described above and shall not export Services to nationals or residents subject to U.S. embargo.
INTELLECTUAL PROPERTY NOTICE
Portions of this Web Site are protected by trade and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this site may be copied or retransmitted unless expressly permitted by Secure Cloud Systems™. Secure Cloud Systems™, CertainSafe™, the Secure Cloud Systems™ and or CertainSafe™ logo, or the login screen, NOT JUST ANOTHER BOX, MicroTokenization™, MicroEncryption™, and other Secure Cloud Systems™ product names referenced herein are trademarks of Secure Cloud Systems™ , LLC and/or one of its subsidiaries, and may or may not be registered in the United States Patent and Trademark Office and in other countries. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners, including any applicable Third Party Providers. Secure Cloud Systems™ respects and adheres to the intellectual property rights of others. Secure Cloud Systems™ may, in some circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others. In this case no refund will be issued and our 100% money back guarantee will not apply. If for any reason you believe your work has been copied and is accessible from or through our web site in a way that constitutes copyright infringement, or that our web site contains links or other references to another online location that contains material or activity that infringes your copyright, please notify us immediately by providing our company the information required at email@example.com by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.
PAYMENTS AND REFUNDS
The fees applicable for Service (“Fees”) can be found and are available by visiting the CertainSafe™ website and are published on a continual basis within our service or services. The pricing as listed for services we provide excludes any and all taxes and charges, unless otherwise clearly stated and defined. Registered users or their firms are fully responsible for any taxes as well as any and all other charges. Registered users will be required to pay the Fees in conjunction with your account. Secure Cloud Systems™ reserves the right to change any quoted pricing at any time with or without notice.
In addition to any Fees, additional incidental charges may still be incurred by using our service. Some of these charges may be, but not limited to, some of the following reasons; internet access, data roaming, other data transmission fees or surcharges. Secure Cloud Systems™ its affiliates and subsidiaries are not responsible for any charges incurred by you from any third party in using the Web Site, including any fees incurred for data transfer and usage. When supplying any and all payment information to Secure Cloud Systems™ and or CertainStore™ it is required that you are authorized to use the payment method that you enter when you create a single or multiple billing accounts. You herby authorize Secure Cloud Systems™ and or CertainStore™ to process charges for the our services using your payment method and for any paid feature and or overage of the service that you choose to sign up for or use while these Terms are in force. We reserve the right to bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; and or (d) on a recurring basis for subscription Services. You may be charged you up to the amount you’ve approved, as well as any published increase that may occur upon 14 day written notice. Our intent is to notify you in advance of the difference for recurring subscription Services but reserve the right to process any and all increases. In some instances we may elect to bill you simultaneously for multiple billing cycles or periods. Our services automatically renew and we may automatically renew your Service and charge you for any renewal term.
You must keep all information in your billing account current. You can access and modify your account information using the Admin Panel. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for our service, we may cancel that Service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request. You may be notified through the email address you have most recently provided to us if we change the price of the Service we provide you. If there’s a specific length and price for your Service offer, that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price regardless of an increase or decrease is cost. If your Service is on a specified period basis (for example, monthly) with no specific length, we will in most cases notify you of any price change and we will in most cases attempt to do so at least 30 days in advance. If you don’t agree to these changes, you must cancel and stop using the Service via a phone call 719-323-6684 to receive a cancellation confirmation from a Secure Cloud Systems™ representative. You must do so later than twenty one (21) days prior to the conclusion of your current payment term, whether monthly, yearly, or otherwise. If you cancel, your service ends at the end of your current service period. In the cases where we bill your account on a period basis services will end at the end of the period in which you canceled.
Should you fail to cancel as required when you wish to end your access to the Web Site and services, we will automatically renew the service for the same term and will charge you according to the payment information and terms on file with us commencing on the first day of the renewal term. Payments for all single-seat accounts, and Business or Enterprise accounts registered to pay via credit card, are due the date the invoice is posted on your account. All Business or Enterprise accounts registered to pay via check, wire-transfer, or Automated Clearing House (ACH), are due within thirty (30) days of billing date unless otherwise agreed-to by the parties in writing at the time of contract.
Notwithstanding the foregoing, the last day of ANY free trial signifies the due date of the first payment. If payment is not received by Secure Cloud Systems™ on the due date, your user account or accounts will be frozen, inaccessible, and all shared links will be interrupted until all outstanding payments have been processed and received by Secure Cloud Systems™. It remains your responsibility for settling all outstanding balances in a timely manner and maintaining updated billing and or payment information. Should you not comply, cancel your service, or a balance remains unpaid, at the end of 90 days, your user ID and/or account will be deactivated and all files stored within will no longer be retrievable and will be lost forever.
Unless we notify you otherwise, if you’re participating in any trial period offer, you must cancel the Service by the end of the trial period to avoid incurring new charges. If you do not cancel your Service and we have told you the Service will convert to a paid subscription at the end of the trial period, you authorize us to charge your payment method for the Service. Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed. If you are currently on a free trial of any type you may cancel or downgrade your account free of charge at any time until seven (7) days after your account was created. The day of creation constitutes and is considered to be the first day of any trial period.
If you are a Registered User, Business, Enterprise, or on some type of legacy plan you will not be nor are you eligible to receive a refund for your most recent or any previous billing. All cancellations and downgrades are processed automatically. To cancel or downgrade, please call customer service at 719-323-6684 or login to the administrative screen for your account and follow the instructions.
Except as prohibited by law late charges will be assessed should you not pay an invoice when due. It is required that you pay these late charges when billed for them. The late charge will be the lesser of 1.5 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time, if you pay habitually late, or for any other reason we deem necessary.