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Please read the Terms and Conditions carefully before accessing or using this Portal.
Effective Date November 17th, 2009
By accessing or using www.gosecure.com or www. mygosecure.com (collectively, our sites) in any way, you agree to and are bound by the Terms and Conditions set forth in this document and in any change thereto that GoSecure Inc. (GoSecure) may publish from time to time (collectively, the Terms and Conditions). If you do not agree to all the terms and conditions contained in the Terms and Conditions, do not access or use our sites.
GoSecure may change the Terms and Conditions and other guidelines and rules posted on our sites from time to time at its sole discretion. Your continued access or use of our Materials and Services constitutes your acceptance of the changes. Your access and use of our Materials and Services will be subject to the most current version of the Terms and Conditions, guidelines and rules posted on our sites at the time of such a use. Please, regularly check the Terms and Conditions link on any page to view the then-current terms. If you breach any of the Terms and Conditions, your authorization to access or use our sites, Materials and Services automatically terminates, and any Materials downloaded or printed from our sites in violation of the Terms and Conditions must be immediately destroyed.
Key Definitions and Glossary
Meterials
Materials mean all information, data, documents (e.g. white papers, press releases, data sheets, FAQ, etc.), communications, downloads, files, text, images, photographs, graphics, videos, web casts, publications, content, tools, resources, software, code, programs and products made available or enabled via our sites.
ServicesServices mean all resources offered or enabled via our sites including download areas, developer tools, product and other information services and communications services such as, events, chat areas, email, personal profile pages and any other message or communication facilities designed to enable you to communicate with others (collectively, Forums).
All Materials provided by GoSecure are referred to collectively as GoSecure Materials.
All Members supplied Materials are referred to collectively as Member Materials.
Certain services may involve collaboration and file-sharing services among a specified group. Materials posted by Members in conjunction with such collaboration and file-sharing services are referred to collectively as Shared Content. The group of persons among which such collaboration and file sharing involving Shared Content takes place is referred to herein as the Work Group.
All Member Materials that are not Shared Content shall be referred to herein as Member Content.
GoSecure Materials and Member Materials may have different restrictions and conditions associated with them under the Terms and Conditions and other guidelines and rules posted via our sites. Some of our Materials and Services may require registration and some may not.
You will find other common used capitalized words in this document defined in the glossary section of the FAQ section. The FAQ link is located on the bottom of each page at www.mygosecure.com and www.gosecure.com.
Intellectual PropertyThe Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, Intellectual Property Rights), and any unauthorized use of the Materials or Services may violate such laws and the Terms and Conditions.
You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer our sites, Materials or Services, or any portions of our sites or the selection and arrangement of our sites, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods with our sites.
Description of Services
GoSecure offers a free download of GoSecure Safe Trial Version and GoSecure Reader. GoSecure Safe Full Version license can be purchased.
Upon acceptance of your membership, GoSecure will provide the following service (the Basic Service): a private and secure collaborative social media networking platform.
- A GoSecure Member will have the ability to subscribe to our Services. With GoSecure Xchange, you can share documents securely. With GoSecure Backup, you can establish one storage and backup account.
- GoSecure Channel Partners can also create subnets to organize their resources based on the criteria they define.
To become a member, a GoSecure registration form, which is available at www.mygosecure.com needs to be completed. As part of the registration process, you agree to: (1) provide certain limited information as prompted to do so by the service (such as information to be current, complete and accurate) (2) maintain and update this information as required to keep it current, complete and accurate and (3) be 18 years of age or older.
The information requested on original signup shall be referred to as Registration Information. If GoSecure discovers that any of your Registration Information is inaccurate, incomplete or not current, GoSecure may terminate your right to access and receive the service immediately upon notice to you.
GoSecure will evaluate the registration application in good faith and will notify you in a timely manner regarding acceptance or rejection. GoSecure may reject a registration application if it determines, in its sole discretion that the person is not an appropriate subscriber or Member of the Service. GoSecure does not need to provide a reason for its rejection. If GoSecure rejects your application, then you may reapply and GoSecure will reconsider the application. All credit card information supplied during registration is used immediately and afterwards discarded. GoSecure does NOT store any credit card information on our sites.
The Registration Information provided by you together with all updates provided by you is referred to as Personal Information. GoSecure policy regarding the use of the Personal Information is set forth in the GoSecure Privacy Policy. By accessing or using www.gosecure.com or www. mygosecure.com (collectively, our sites) in any way, you agree to and are bound by the Terms and Conditions set forth in this document which includes the GoSecure's Privacy Policy.
MembershipAfter GoSecure has accepted your membership, you will receive a confirmation by email that your account has been established. You are solely responsible for any consequences arising out of your failure to maintain the confidentiality of your password. You will notify GoSecure of any unauthorized use or other breach in security of your account immediately. You will promptly update your profile page of any change in the information you provided (including, without limitation, any change in your mailing address, telephone numbers or email addresses).
You acknowledge and agree that it is technically impossible to achieve 100% availability of our sites. GoSecure shall, nonetheless endeavor to keep our sites available without interruption. Events related to maintenance, data loss, security or capacity requirements, and/or events beyond GoSecure control (e.g., disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the Services provided on our sites.
GoSecure does provide a platform on which to establish contact with others, and only provides those technical applications that allow members to contact one another. It is technically impossible for GoSecure to determine with certainty, whether any member registered with GoSecure is, in fact the person he or she represents to be. Therefore, GoSecure assumes no liability for the actual identity of a member. Each member is solely responsible for checking the actual identity of another member.
As regards to content, GoSecure does not take part in any communication between members. If members enter agreements with one another over the GoSecure our sites, GoSecure shall not be a contracting party to these agreements. The members alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. GoSecure shall not be held liable if Members are unable to contact one another over the GoSecure our sites regarding such agreements. Furthermore, GoSecure shall not be liable for breaches of duty in relation to agreements entered into between members.
Subscription ServicesYou may select one of our paid subscription services. GoSecure makes these Services available under a number of different subscription plans. Please confirm that the plan for which you are registering meets your needs by reviewing your page. Your subscription dates, if applicable, are visible in this area also.
The subscription services will be offered on a monthly, quarterly and yearly basis. They can start on every day of the month and will run until midnight of the anniversary date, e.g., a monthly subscription that starts on May 10th; it will go to midnight of June 9th. To start a subscription, you will authorize a charge to your credit card for the fees, in exchange for use of the GoSecure Services. You also agree to pay all fees and charges incurred about your subscription for GoSecure (including any applicable taxes) at the rates, in effect when the charges were incurred.
If for whatever the reason, there is no transfer of funds to our bank account within three days, you will receive an email giving you three days to rectify the situation. Otherwise, the subscription will be canceled, as you will be in violation of this agreement. GoSecure service commitment only becomes valid after the receipt of the payment.
GoSecure may allow for use of storage space for Backup, beyond the specified plan limit chosen by the member on paid accounts. This is designed to allow for uninterrupted backups, in case the usage exceeds the quota limits. Overuse charge may be applied for the overused storage at the rate of the next larger plan. Member will be notified via email for payment. In case of non-action by the member within three days, the account may be canceled or GoSecure may allow a grace period up to sixty days. During the grace period, it is impossible to write any more files onto the account and the member can only retrieve information.
You are responsible for any fees or charges incurred to access our sites through an Internet access provider or any other third party service. YOU, AND NOT GoSecure, ARE RESPONSIBLE FOR PAYING ANY DOLLAR AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. This agreement is personal to you, and you may not assign any of your rights or obligations to anyone.
Renewal of Subscription ServicesGoSecure will inform you via email that your subscription is about to expire.
Subscription expiration reminders are sent two weeks before expiration, one week and two days before the expiration date. To activate a renewal of your subscription service, you will authorize a charge to your credit card for the fees, in exchange for use of the GoSecure Services. You further agree to pay all fees and charges incurred in connection with your subscription for GoSecure (including any applicable taxes) at the rates, in effect when the charges were incurred. The renewal period will start when the last subscription ends. E.g., you start a subscription on May 10th, on June 2nd you renew, then your new subscription start June 10th as the old one ends on June 9th.
GoSecure may add or change the fees and charges then, in effect, by giving you notice in advance. You can find the current subscription fees, subscription periods and any other charges posted under your profile page in the Download and Subscription area.
If for whatever reason, there is no transfer of funds to our bank account within three days, you will receive an email giving you three days to rectify the situation. Otherwise, the subscription will be canceled, as you will be in violation of this agreement. GoSecure service commitment only becomes valid after the receipt of the payment.
Changes, Cancellation, Expiration or Termination of Subscription ServicesWe will not refund whole or partial amounts for changes or cancellations of subscription services. A member has the option to discontinue using the service at any time. GoSecure will not be liable to you or any third party for any suspension or termination of your account or the Services. Should you object to any Terms and Conditions of this agreement or any subsequent modification thereto or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Service.
GoSecure may terminate your membership with or without cause at any time by giving notice of such a termination in an email. Further, if GoSecure believes that you have violated your obligations under this agreement, GoSecure may, at its option and in addition to its other remedies, immediately and without notice, suspend your account, remove and destroy data and files stored by you on GoSecure servers and/or terminate this agreement.
Upon expiration of your subscription, we will send you an email that your subscription has expired. Upon expiration or termination of your membership, GoSecure will remove any stored data files from main storage and archives within a five (5)-day period from the email notice to you. Our Terms and Conditions and any other provision that can be reasonably construed to survive termination will survive termination of your account.
Conditions of Use of Materials and Services
Conditions of Use of Our Sites
You are solely responsible for the content of all data you store or retrieve from, or attempt to store or retrieve from and for all transmissions by you from and to your account.
You agree you will:
- Use the service subject to all applicable local, state, national and international laws and regulations. You will comply with United States and other applicable law regarding the exportation and re-exportation of any Materials.
- Comply with all regulations, policies and procedures of networks through which you access and use the Service. When using Materials and Services, you will be subject to any posted guidelines, rules or licenses applicable to such Materials and Services, in addition to the Terms and Conditions. Materials and Services provided by third parties (collectively, the Third-Party Services) are governed by separate agreements accompanying such Materials and Services. GoSecure offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between Third- Party Service, GoSecure Materials and GoSecure provided Services or another Third-Party Service. You agree that you will not hold GoSecure responsible or liable with respect to the Third-Party Services.
- Pay all costs and charges, including phone charges and telecommunications equipment costs that you incur in order to access or use or sites, Materials and Services.
- Adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from our sites that are subject to such limitations.
You agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain email addresses, phone numbers, Personal Information or any other information about others.
- Use or attempt to gain access to or use another's account, password, Materials and Service, computer systems or networks connected to any GoSecure server or to our sites without authorization from GoSecure, whether through hacking, password mining or any other means.
- Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material. Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through our sites or Services.
- Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
- Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party. Disrupt or interfere with the security of, or otherwise cause harm to, our sites, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through our sites or any affiliated or linked to our sites.
- Transmit unsolicited or bulk communications to any GoSecure account holder or to any affiliated email address. Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
- Post or otherwise submit any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other member from using and enjoying our sites or other affiliated or linked our sites, Materials or Services.
- Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
- Access or use our sites in any manner that could damage, disable, overburden or impair any GoSecure server or the network(s) connected to any GoSecure server.
- Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
- Prepare, compile, use, download or otherwise copy any of our member's directory or other member or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Neither violate the privacy rights of any person nor will you abuse, defame, harass, stalk or threaten another person.
- Use any GoSecure domain name as a pseudonymous return email address.
- Market any goods or Services for any business purpose (including advertising and making offers to buy or sell goods or Services), unless specifically allowed to do so by GoSecure.
- Use sharing features in a way that amounts to publishing and restrict the use of sharing features to share data between friends, colleagues and business partners.
Certain Materials and Services will only be made available to members. Such members may additionally be required to enter subscription agreement and other Terms and Conditions for that particular Materials and Services. In addition, members may be required, in GoSecure sole discretion, to agree to a separate legal agreement on our sites or otherwise. Your access to such venues will be denied for violation of either the Terms and Conditions or any other applicable agreement.
It is your sole responsibility to keep your account number, member name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify GoSecure immediately.
Conditions of Use of SoftwareMaterials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via our sites (collectively, software) are the copyrighted and patented work of GoSecure.
Use of such software is governed by the terms of the license agreement that accompanies or is included with the software, or by the license agreement expressly stated on our sites page(s) accompanying the software.
By accessing or using www.gosecure.com or www. mygosecure.com (collectively, our sites) in any way, you agree to and are bound by the Terms and Conditions set forth in this document which includes the GoSecure's Software End User Product License Agreement.
GoSecure Software End User Product License AgreementGoSecure products are not sold; rather, copies of GoSecure products are licensed all the way through the distribution channel to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH GOSECURE THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE GOSECURE PRODUCTS, THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENTS APPLY TO YOU.
You will not be able to use, download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms and Conditions. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. The software is made available solely in accordance with the license agreement. Without limiting the foregoing, unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis.
Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Condition of Use of ContentExcept as indicated to the contrary elsewhere on our sites, you may view, download and print the Content available on our sites subject to the following conditions:
- The Content may not be modified or altered in any way.
- The Content on our sites may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
- You may not remove any copyright or other proprietary notices contained in the Content.
- You may not copy or distribute any graphics in the Content apart from their accompanying text.
- You will not quote or display Content, or any portions thereof, out of context.
- The Content comprised of software is subject to the additional provisions governing software set forth herein. The rights granted to you constitute a license and not a transfer of title.
- Any Content made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement.
- Any Content acquired upon your execution of a required separate agreement shall be provided with the additional rights and obligations set forth in that agreement, and your rights to such Content shall immediately terminate if you fail to meet your obligations under or otherwise comply with such agreement or the terms and conditions of the Terms and Conditions.
Use of the Content for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. GoSecure reserves the right to revoke the authorization to view, download and print the Content available via this our sites at any time, and any such use shall be discontinued immediately upon notice from GoSecure.
The rights specified above to view, download and print the Content available on our sites are not applicable to the design, layout or look and feel of our sites. Such elements of the our sites are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from our sites may be copied or retransmitted unless expressly permitted by GoSecure. In addition, various sections of our sites may highlight the work of creative professionals. Such Materials (whether GoSecure Materials or Member Materials) belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works, unless there is a notice associated with the work expressly permitting such uses.
Member Materials InformationGoSecure may, but is not required to, post or use any of your Member Materials that you may post or otherwise submit. GoSecure does not pre-screen Member Materials that Members provide or otherwise submit via our sites. GoSecure may remove any posted or submitted Member Materials from our sites or any Service for any reason without notice in its sole discretion. By posting or submitting your Member Materials, you represent and warrant that you own or otherwise control all of the Intellectual Property Rights and other rights to your Member Materials as described in these Terms and Conditions, including all the rights necessary for you to post or submit the Member Materials.
In addition, by posting or otherwise submitting your Member Materials that contain images, photographs, pictures, videos, web casts or that are otherwise graphical in whole or in part, you represent and warrant that: (a) you own the copyright in such images, or that you have obtained all necessary license(s) from the copyright owner(s) of such images to use such images, or portions thereof, in keeping with your use about our sites, the Services and as otherwise permitted by these Terms and Conditions; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms and Conditions; and (c) you have received consent from any and all persons depicted in such images to use the images as set forth in these Terms and Conditions, including the dstribution, public display, public performance and reproduction of such images.
You are solely and entirely responsible for all of your Member Materials that you post or otherwise submit via our sites or Services. You shall assume all risks associated with the use of your Member Materials including any reliance on the accuracy, completeness or usefulness of your Member Materials. GoSecure does not guarantee the accuracy, integrity or quality of your Member Materials. You acknowledge and agree that by accessing or using our sites or Services, you may be exposed to Member Materials from others that are offensive, indecent or otherwise objectionable.
Conditions of Use of Shared ContentMembers of a Work Group may use the Shared Content available to such Work Group in any manner that has been agreed upon by the member providing such Shared Content. It is your sole responsibility to discuss with others in your Work Group and determine what limitations, if any, are placed on your use of the Shared Content distributed within your Work Group. If you obtain access to Materials created or used by others outside of your Work Group, you have no right to use such Materials in any way. You also acknowledge and agree that GoSecure has no liability of any kind should members of your Work Group modify, destroy, corrupt, copy or distribute your Shared Content, or violate the Terms and Conditions or other limitations that you may impose on the use of your Shared Content.
Security and Content of Secured FilesYou are solely responsible for the content of all data you store or retrieve from, or attempt to store or retrieve from and for all transmissions by you from and to your account.
GoSecure normally does not review, inspect, edit or monitor any content, data or files stored by you, including, without limitation, for viruses, worms, and "Trojan horses" or any other similar contaminating or destructive features. However, if GoSecure has suspicion that an account is being used for storage and distribution of any illegal material such as copyrighted content, GoSecure reserves the right to examine the content of the online storage and backup account.
In addition, GoSecure may be asked to provide member data and logs as a part of a legal issue in a third party case by a court order or a subpoena, discovery request or other lawful process that may override privacy rules.
GoSecure reserves the right to refuse, remove or disable access to any data or files stored on GoSecure servers immediately that GoSecure learns may be illegal, may violate the terms, may violate the rights of any third party or otherwise may be reasonably objectionable.
GoSecure maintains regular backups of data to recover from any software/hardware failures. Multiple snapshots of your data at different times are maintained online. GoSecure may also maintain a copy of data at a geographically distanced data center from the primary location for additional protection. Although GoSecure goes to great effort to ensure the security of your data, a technology malfunction or an act could occur that is not within GoSecure control that could lose your data.
The most important step for a reliable backup is at the member end; it is the member's responsibility to view and verify the logs periodically to insure that the backups do take place successfully, and take necessary corrective action if there are errors.
Restriction and Termination of UseGoSecure may block, restrict, disable, suspend or terminate your access to all or parts of our sites, Materials and Services at any time in GoSecure sole discretion, without prior notice or liability to you. GoSecure reserves the right to modify the Services offered on the GoSecure our sites and / or to offer Services different from those offered at the time of the member's registration at any time.
GoSecure may use automated procedures to detect an unacceptable level of usage and may immediately disable offending accounts, and the process of detection may vary from time to time, based on misuse detected. GoSecure is NOT a service for storing and disseminating large amounts of data to large number of recipients. It is an online storage and backup service. GoSecure is not responsible for any business interruptions that may be caused due to this process.
GoSecure, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. GoSecure may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of our sites where Materials are posted or submitted; and (b) disclose any information related to your use of a Material and Service, or the substance of any of your posted or submitted Materials, as GoSecure deems necessary to comply with applicable law, regulation, legal process or governmental request.
Personal Information and Privacy
GoSecure will use and protect your information, such as your name and address, in accordance with the GoSecure Privacy Policy, the contents of which are incorporated by reference into the Terms and Conditions. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials.
Please be aware that your browser must be enabled to accept cookies in order for you to use certain Materials and Services.
Spam Email and PostingsThe transmission of spam newsgroup postings or unsolicited email is are in violation of these Terms and Conditions. You acknowledge and agree that GoSecure would be irreparably harmed there under and that monetary damages would be an insufficient and ineffective remedy; therefore, you agree that GoSecure is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). GoSecure may without restriction block, filter or delete unsolicited email.
Unsolicited Idea Submission InformationAny unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names, that are sent to GoSecure for consideration via our sites shall not be considered or accepted by GoSecure, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works presented in connection therewith).
If you post or otherwise submit to our sites, such as (a) comments, (b) feedback, (c) bug reports, (d) piracy reports or (e) product suggestions, you grant GoSecure and the members of our sites an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such Member Materials, with or without having your name attached to such Member Materials, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that GoSecure is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.
Channel PartnersThe GoSecure Channel Partner Terms and Conditions, the contents are incorporated by reference into the Terms and Conditions. This Terms and Conditions are located on the Channel Partner tab at www.gosecure.com
Permissions and TrademarkThe following guidelines are provided for the use of certain copyrighted materials, such as images, screen shots, and text; and for the use of certain trademarked materials, such as logos, marks and icons. These materials are owned by GoSecure and provided under a license. To use such materials, you must first agree to the following license terms:
You may not sell, alter, modify, license, sublicense, copy, or use the materials in any way other than has been specifically authorized by GoSecure in the permissions and trademark guidelines described herein. You acknowledge that GoSecure reserves the right to revoke the authorization to view, download, and print the materials available on this site at any time, and for any reason; and such authorization shall be deemed to be discontinued immediately upon the removal of these materials from the site.
You acknowledge that any rights granted to you constitute a license and not a transfer of title. You do not obtain any ownership right, title, or other interest in GoSecure copyrighted materials or trademarks by downloading, copying, or otherwise using these materials.
Export Compliance Information
The following guidelines explain restrictions on exporting GoSecure products worldwide for members who need to send products obtained in one country to another country. This information may be required for your shipping documentation, record keeping or post-shipment reporting.
To Obtain GoSecure ECCN and HTS InformationTo export GoSecure products, you need to obtain GoSecure Export Control Classification Number (ECCN), license information and Harmonized Tariff Schedule of the United States (HTSUS) information. GoSecure Product export information includes product names, license exception symbols, ECCNs, and the HTSUS number.
The ECCN is a five-digit alphanumeric character classification system used to determine U.S. export licensing requirements. The ECCN represents a specific commodity defined in the U.S. Bureau of Industry and Security (formerly the Bureau of Export Administration).
THE HTSUS is a 10-digit code assigned to all commodities exported from the United States. The U.S. Department of Commerce, Bureau of Census uses this code to calculate U.S. trade statistics, and U.S. Customs uses it to assess duties and tariffs.
Legal Restrictions on Exporting GoSecure ProductsGoSecure products are subject to export restrictions under U.S. law, as some software may contain encryption technology. These restrictions are provided and enforced by the Bureau of Industry and Security, which defines specific export restrictions on goods, software and technologies. Please note that end users, end use, and country of ultimate destination may affect your export licensing requirements. You are ultimately responsible for exporting GoSecure products in accordance with the United States Export Administration Regulations (EAR) 15 Code of Federal Regulations.
Export Control LawsThe export of GoSecure software is controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to any country to which the United States embargoes goods. In addition, the software may not be distributed to persons on the Table of Denial Orders, the Entity List or the List of Specially Designated Nationals. These lists are subject to change in a name and number. For the most current information on U.S. embargoed and sanctioned countries, see the U.S. Export Administration Regulations and Treasury Department regulations.
By downloading software, you are certifying that you are not a national any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
International MembersOur sites can be accessed from countries around the world and may contain references to Materials and Services that are not available in your country. These references do not imply that GoSecure intends to announce such Materials and Services in your country. Our sites is controlled, operated and administered by GoSecure from its offices within the United States of America. GoSecure makes no representation that our sites, the Materials and Services are appropriate or available for use at other locations outside the United States, and access to our sites from territories where our sites, the Services or Materials are illegal is prohibited. If you access our sites from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws for further information.
Notice to U.S. Government MembersAll GoSecure software, products and publications are commercial in nature. The software and documentation available on our sites are Commercial Items, as that term is defined at 48 C.F.R. §2.101, consisting of Commercial Computer Software and Commercial Computer Software Documentation, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end members (A) only as Commercial Items and (B) with only those rights as are granted to all other members pursuant to the Terms and Conditions and the applicable license agreement.
Warranties and DisclaimersGOSECURE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF REVENUE OR PROFIT OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE GROUNDS EVEN IF GOSECURE HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
ANY MATERIALS ARE PROVIDED ON AN "AS IS" BASIS. GOSECURE SPECIFICALLY DISCLAIMS ALL EXPRESS, STATUTORY, OR IMPLIED WARRANTIES RELATING TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO THOSE CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS REGARDING THE MATERIALS.
OUR SITES, SERVICES OR MATERIALS, ARE PROVIDED BY GOSECURE UNDER THESE TERMS AND CONDITIONS "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, GOSECURE MAKES NO WARRANTY THAT (i) OUR SITES, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) OUR SITES, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF OUR SITES, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF OUR SITES OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN OUR SITES, SERVICES OR MATERIALS WILL BE CORRECTED.
OUR SITES, SERVICES OR MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. GOSECURE MAY MAKE CHANGES TO OUR SITES, SERVICES OR MATERIALS, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. OUR SITES, SERVICES OR MATERIALS MAY BE OUT OF DATE, AND GOSECURE MAKES NO COMMITMENT TO UPDATE OUR SITES, SERVICES OR MATERIALS.
YOU ACKNOWLEDGE AND AGREE THAT: (i) GOSECURE DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED OUR SITES; (ii) GOSECURE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) GOSECURE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
GOSECURE DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO OUR SITES, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE OUR SITES AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED GOSECURE SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF GOSECURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOSECURE WILL HAVE NO LIABILITY RELATED TO MEMBER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. GOSECURE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY MEMBER MATERIALS.
THE USE OF OUR SITES, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. GOSECURE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM OUR SITES OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOSECURE OR VIA OUR SITES, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. GOSECURE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO OUR SITES OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
Limitation of LiabilityIN NO EVENT SHALL GOSECURE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF GOSECURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE OUR SITES, SERVICES, OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA OUR SITES, SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, MEMBER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITES REFERENCED OR LINKED TO FROM OUR SITES; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED OUR SITES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Notification of Copyright InfringementGoSecure will, in appropriate circumstances, terminate the accounts of Members who infringe the Intellectual Property Rights of others. GoSecure will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on our sites or on our sites linked to from this Our sites or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for our sites (identified below), which must contain the following elements:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- A description of where the content that you claim is infringing is located our sites;
- Information sufficient to permit GoSecure to contact you, such as your physical address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
GoSecure Designated Agent for Notice of claims of copyright infringement can be reached at info@gosecure.com.
Forward-Looking Statements DisclaimerOur sites may now, or hereafter from time to time, contain certain statements or information with respect to: (i) the projection of GoSecure revenues, operating margin, income, tax rate, earnings per share, capital expenditures, dividends, share count, capital structure, or other financial items; (ii) the plans, objectives, or projections of GoSecure for future operations, including those relating to the products or Services of GoSecure; (iii) GoSecure future economic performance; (iv) assumptions underlying or relating to any of the foregoing statements or information; and (v) any other projections, estimates, or forward-looking statements. All such statements and information are forward-looking statements within the meanings of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements are based upon, or will be based upon, GoSecure judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. GoSecure wishes to caution you that such forward-looking statements are only predictions and that actual event or results may differ materially. For further details and information about factors relating to risks and uncertainties concerning the foregoing or GoSecure in general, please refer to GoSecure SEC filings. GoSecure does not undertake an obligation to update forward-looking statements.
Indemnity and LiabilityYou agree to indemnify and hold GoSecure and its officers, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your Member Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through our sites (including a third party's use of such a Member Material or content (e.g. reliance on the accuracy, completeness or usefulness of your Member Materials)); (b) your access to or use of the our sites, Services or Materials (including any use by your employees, contractors or agents and all uses of your account numbers, Member names and passwords, whether or not actually or expressly authorized by you, in connection with our sites or any Services or Materials); (c) your connection to the our sites, Services or Materials; (d) your violation of the Terms and Conditions; (e) the actions of any Member of your Work Group; (f) your infringement of any third party's Intellectual Property Rights when using any of the Software made available on our sites, Services or in any Materials; (g) your violation of any rights of any third party; (h) your access to or use of Linked to our sites and your connections thereto; or (i) any dealings between you and any third parties advertising or promoting via the our sites, Services or Materials.
Governing Law and JurisdictionOur sites and Agreement shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts, without giving effect to its principles on conflict of laws. The parties irrevocable submit to the personal jurisdiction and venue of the courts situated in Suffolk County, Massachusetts for the resolution of any and all disputes arising under this Agreement, the Option Agreement or otherwise relating to the parties' relationship. The parties agree to waive any right to trial by jury regarding any dispute that may arise under the terms of this Agreement.
LanguageThe Terms and Conditions and all related documents have been drawn up in English.
GeneralThe Terms and Conditions and other rules, guidelines, licenses and disclaimers posted via our sites or about the SERVICES OR MATERIALS constitute the entire agreement between GoSecure and you with respect to your access to or use of our sites, SERVICES OR MATERIALS superseding any prior agreements between you and GoSecure on such a subject matter (including any prior versions of the Terms and Conditions). Notwithstanding the foregoing sentence, to the extent that any terms set forth in the Terms and Conditions expressly contradict any terms of a written agreement between you and GoSecure regarding the use of specific Services or Materials (including Service-specific Terms and Conditions and Software-specific licenses) ("Executed Agreement"), such as contradictory terms set forth in the executed agreement shall govern.
You may also be subject to additional terms and conditions that may apply when you use another GoSecure Services, third party content or third party software. You may not assign or otherwise transfer the Terms and Conditions nor any right granted hereunder without GoSecure prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms and Conditions shall continue in full force and effect. Any failure by GoSecure to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect.
