Terms and condition
Revision as of June 01, 2015
Welcome to SecretValet.com, the world’s only website that allows users to store critical information securely and then deliver that information to a designated recipient after an event takes place.
Below are our detailed terms and conditions that you must read and accept before using our services.
Before using this website, you must review and accept the following terms and conditions (the “Agreement”) and set up a SecretValet account. The Agreement defines your rights and responsibilities as a user ("User") of the website operated by SecretValet.com LLC (together with its parent corporation, subsidiaries and affiliates, “SecretValet” or “we”) and located at SecretValet.com (the “Website”). You may establish either an individual free account (“Free Account”) or an individual paid account (“Paid Account”). If you're establishing an account through a SecretValet partner, account options (such as the ability to participate in upgrades, downgrades, and conversions) and payment requirements made available to you may vary from those described in these Terms; however, these Terms govern your use of the Service and your relationship with us.
If you don't agree with any of these terms, or if you have any objections to our Privacy Statement you must not use the Website.
2. Description of the Service
SecretValet offers an online service for users to upload information that they wish safeguarded and then delivered securely to a validated third party recipient based on events pre-designated by the user. The Website is protected by patent and copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws.
Users of the Website may be unregistered visitors, paying subscribers, or recipients of stored information.
You must be 18 years or older to register or subscribe. You must provide SecretValet with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. As part of the registration process, you will select a unique user name and password. You are responsible for all usage or activity on SecretValet via your account. Distribution of your username or password to others for access to SecretValet is expressly prohibited. You will never be required to reveal your password to any representative or agent of SecretValet, its owners or agents. You must notify us by regular mail or by e-mail at admin@SecretValet.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.
3.1 Requirements to Use the Service
To use the Service, you'll need to have a compatible computer or mobile device with Internet access. If you access the Service using a wireless data plan on your mobile device, you may incur increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access Service.
3.2 Limited Use License
Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you.
Subject to these Terms, SecretValet grants you a non-exclusive, non-transferable license when you set up a SecretValet account to access and utilize the website on devices within your possession and control and for your own use, subject to limitations for Free Accounts and other device limitations as required by SecretValet from time to time. Except for the foregoing license grant, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in the Service, ownership of which is retained by SecretValet and its suppliers, as applicable. Service updates are governed by these Terms. The Service is licensed, not sold, to you for use only under these Terms, and SecretValet reserves all rights not expressly granted to you. Except as expressly authorized in these Terms or allowed by applicable law, you may not use, copy, modify, reverse engineer, disassemble, decompile, or modify the Service, or otherwise attempt to derive the source code of the Service, or authorize any third party to do any of the foregoing.
You must have all necessary rights to use the licenses to SecretValet set forth in these Terms and you represent and warrant to SecretValet that you have such rights and that your use of SecretValet's licenses will not violate applicable law or infringe or violate the rights of any party. You understand and agree that the Service may include certain communications from SecretValet, such as service announcements and administrative messages, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. SecretValet may also send you promotional offers and news about SecretValet, but you can opt out from receiving those communications at any time unless you have a Free Account.
3.4 Usage Restrictions
Your account is for your individual use only. You may not resell accounts or any account features. You agree that you will not use the Service to disseminate any advertising, promotional materials, or spam. You acknowledge and agree that SecretValet reserves the right to establish limits on the number and size of capsules and/or the size and number of Files that can be made available in each capsule. You agree that you will not use the Service to create, copy, store, transmit, share or distribute any Files, images, sounds, messages or other material which violate or infringe the rights of third parties, violate any law regarding the storage or transmission of information electronically, or expose SecretValet to any actual or potential civil or criminal liability. SecretValet reserves the right in its sole discretion to take any action that it deems necessary if you violate these Terms, including, but no limited to, suspension or termination of your account.
3.5 Service Limitations
SecretValet uses reasonable efforts to make the Service available 7 days a week 24 hours a day. However, SecretValet does not guarantee availability of the Service, shall not have any liability to you for any unavailability of the Service, and is under no obligation to provide you with maintenance, technical support or updates for the Service unless provided in conjunction with your plan type and, if provided, in the manner as determined by SecretValet from time to time. We reserve the right to suspend access to your account if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of the Service or the use of the Service by other customers.
Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available by SecretValet may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.
3.7 Term and Termination
For Free Accounts, storage space, bandwidth availability, and account features may be limited, modified or suspended, and the Free Account may be terminated, by SecretValet at any time at its sole discretion without notice or liability to you. SecretValet may terminate your Paid Account (i) effective as of the end of the then-current Subscription Period for any reason or no reason and without liability to you; and (ii) without cause during the Subscription Period provided that SecretValet returns a pro rata portion of the Subscription Fee to the party who has paid for the account.
Upon termination, the licenses granted to you by SecretValet shall cease, you will not be able to access or retrieve any Files stored in your account. If you terminate your account, you agree that SecretValet may keep your Files on its servers for reasonable time thereafter to enable you to easily renew if you so desire.
In the event of expiration or termination of your account, the representations made by you in these Terms and the Sections entitled “Compliance with Laws,” “Term and Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” and “General” shall survive such expiration or termination.
3.8 Government Use
The Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth in these Terms. THE SOFTWARE IS PROTECTED BY UNITED STATES PATENT AND COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
4. Confidentiality and Privacy
You acknowledge and agree that SecretValet may disclose your information if SecretValet believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website, the users, or the public.
5. Subscription Terms, Fees and Payments
5.1 Subscription Fees
The different payment options and services offered for the different levels will be published on the relevant Website or at the time a subscription or other service is offered or renewed. The terms and conditions applying to such subscriptions or other services will be incorporated into this Agreement.
The subscription period for Paid Accounts can be month-to-month, yearly, or another duration described in the account features for your account (“Subscription Period”).
BY CREATING A PAID ACCOUNT OR SELECTING PREMIUM OPTIONS YOU CONSENT TO ALLOW SECRETVALET TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD, FOR ADDITIONAL SUBSCRIPTION PERIODS, AND FOR PREMIUM OPTIONS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.
All subscriptions are automatically renewing. This means that once you become a subscribing member, your subscription will be automatically renewed and your billing choice will be charged based on the subscription program (semiannually, quarterly, monthly, etc.) you have chosen unless you opt out or cancel by following the instructions in this Agreement.
When other offers, promotions or free trials are made available, the specific terms and conditions that apply to each will be stated at the time of purchase; please ensure you have noted any relevant rules, cancellation dates or price changes when a promotion or free trial ends.
5.3 Opting Out of Renewal
You may opt out of renewing your subscription by logging into your My Account page on the Website at least two days before the renewal date. If you do not let us know that you want to terminate your subscription at least two days prior to the end of the current subscription period the payment for the renewal period of the subscription will be made.
5.4 Cancellations and Refunds
You may cancel a free account at any time and incur no charge. For all initial purchases of subscriptions longer than one month, you may cancel during the first 30 days and receive a full refund. For all renewals of subscriptions longer than one month, you may cancel within seven days of the renewal date and receive a full refund. Monthly subscriptions may be cancelled at any time but you will not receive a refund. If you cancel your subscription but are not eligible for a refund, you will retain access to the Website until your subscription expires. Cancellations may be made by logging into your My Account page on the Website and providing the same information that you provided when you subscribed. Your cancellation must be received by end of business (5:00 p.m. Central Time) on the appropriate day as described above. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
5.5 Prices Subject to Change
Prices may be changed by SecretValet at any time and each renewal of your subscription will be at the then standard renewal cost for the period that you originally selected when you subscribed. SecretValet shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice on the website or in usual member communications. If you do not wish to continue with your subscription due to the new prices, you may opt out of renewal as set forth in this Agreement.
5.6 Free Accounts
Free Accounts don't have all the features of Paid Accounts and are subject to limitations described in these Terms and as implemented by SecretValet from time to time. For example, you may have only one Free Account per email account or phone number at any one time. A free account holder may upgrade to a Paid Account by following the SecretValet upgrade procedures.
5.7 Free Trials
Paid Accounts may have a free trial period, if offered by SecretValet, during which time the account can be used without charge (a “Free Trial”). SecretValet reserves the right to limit the eligibility and storage capacity for Free Trials, For example, if you have previously used the Service on a trial basis or have previously paid for a SecretValet account, then you are not be eligible for a Free Trial unless we determine otherwise. If you're eligible for a Free Trial, you will be charged for your selected account at the end of the Free Trial unless you cancel the account prior to the end of the Free Trial. If you're not eligible for a Free Trial, you will be charged for your account upon registration. IF YOU HAVE PROVIDED YOUR CREDIT CARD INFORMATION UPON INITIAL ACCOUNT SETUP, YOU ACKNOWLEDGE THAT YOU MUST CANCEL THE ACCOUNT, OR DOWNGRADE TO A FREE ACCOUNT FROM A PAID ACCOUNT, BEFORE THE END OF THE FREE TRIAL TO AVOID BEING CHARGED AFTER THE FREE TRIAL. IF YOU HAVE NOT PROVIDED ANY CREDIT CARD INFORMATION UPON INITIAL ACCOUNT SETUP, THEN YOU MUST PROVIDE IT AND PURCHASE THE PAID ACCOUNT PRIOR TO THE END OF THE FREE TRIAL OR YOUR ACCOUNT WILL BE TERMINATED AT THE END OF THE FREE TRIAL PERIOD AND ALL UPLOADED INFORMATION WILL BE DELETED.
5.8 Upgrades and Downgrades
5.8.1 Account Upgrades
You can upgrade your Paid Account or Free Account at any time. You can upgrade from a Free Account to a Paid Account or from one type of Paid Account to another. When you upgrade from a Paid Account to another type of individual Paid Account, we will apply the unused portion of your old Subscription Fee to the cost of your upgraded account type and if there's any money left over, we'll apply that to extend your initial Subscription Period based upon the daily charge for your upgraded account.
You can downgrade your Paid Account to a different Paid Account. However, any downgrade will apply and you will be charged for the downgraded account type only after the end of the Subscription Period for your existing account.
IT IS YOUR RESPONSIBILITY TO MODIFY YOUR SERVICES TO MEET THE REQUIREMENTS OF YOUR NEW, DOWNGRADED ACCOUNT TYPE. IF YOU DO NOT DECREASE THE SERVICESTO MEET THE REQUIREMENTS OF THE DOWNGRADED ACCOUNT PRIOR TO THE END OF THE SUBSCRIPTION PERIOD FOR YOUR EXISTING ACCOUNT (OR PRIOR TO THE END OF THE FREE TRIAL, IF APPLICABLE), YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCOUNT MAY NOT BE CHANGED TO THE DOWNGRADED ACCOUNT TYPE AND YOU WILL BE CHARGED THE SUBSCRIPTION FEE FOR YOUR EXISTING ACCOUNT TYPE. For example, if you downgrade from Valet to Concierge, you must limit the Files that you sync and/or store (and, if required, permanently delete files in your Deleted Files folder) to the gigabytes of data available for that account or less. If you don't, we'll keep charging you for the storage limit of the Valet Paid Account.
6.1 Liability Disclaimer
We make no express warranties or representations as to the quality and accuracy of the Website or Service, and we disclaim any implied warranties or representation to the maximum amount permissible under applicable law. We offer the Website on an "as is basis" and do not accept responsibility for any use of or reliance on the Website, Content or Service, or for any disruptions to or delay in the Service. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website, Content or Service. SecretValet does not guarantee the adequacy of the Service or Website or compatibility thereof to your computer equipment and environment and does not warrant that this Website, the Service, its servers, or any emails which may be sent from SecretValet are free of viruses or any other harmful components.
Limitation of Liability; Exclusive Remedy. We limit our liability to the maximum amount permissible under applicable law. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If you are dissatisfied with any portion of the Website, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Website.
Third Party Services. SecretValet may, from time to time, provide opportunities to Users of the Website to purchase services from third parties. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. SecretValet makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from SecretValet.
6.2 Disclaimer of Warranties
THE SOFTWARE AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECRETVALET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SECRETVALET DOES NOT WARRANT THAT: (I) THE USE OR QUALITY OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (III) ANY ERRORS IN THE SOFTWARE OR THE SERVICE WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND SERVICE REMAINS WITH YOU.
6.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SECRETVALET OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (AND WITH RESPECT TO FREE ACCOUNTS AND SECRETVALET SUPPLIERS, FOR ANY DIRECT DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICE EVEN IF SECRETVALET OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold SecretValet and its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees, resulting from (i) a violation or breach of these Terms by you, (ii) any activity related to access or use of your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your account and/or Files, or (iii) SecretValet's authorized use of data, Files or other content provided by you or obtained by SecretValet as authorized by you under these Terms.
If a dispute arises between you and SecretValet, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact SecretValet Customer Support at firstname.lastname@example.org to describe the problem and seek a resolution. If that does not resolve the issue, then you and SecretValet agree to the following methods to resolve any dispute or claim between us. First, you agree that this Agreement is governed by the law of the State of Minnesota, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the AAA rules described below before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located within Scott County, Minnesota for the purpose of litigating all such claims or disputes.
Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879. . YOU AND SECRETVALET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SecretValet agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of this Agreement.
Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
6.6 Compliance with Laws
You agree to comply with any local laws and regulations regarding your right to download, install, import, export or use the Service. You agree that information you upload to the Service is your personal information or that you have legal possession of that data. You agree that: (i) the information you upload strictly complies with all United States export laws and regulations, including, but not limited to the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR), the Office of Foreign Asset Control (OFAC) regulations as administered by the Department of Treasury, and all treaties, Executive Orders, laws, statutes, amendments, or supplement thereto, including all applicable international, national, state, regional and local laws, and regulations (ii) recipients of the information you upload are not prohibited from possessing the information and that the information will not be delivered to any recipient in a prohibited country outlined in the EAR, or to any denied person, entity, or against any general denial order, as listed with the DOC as follows: Denied Persons List, Entities List, the Unverified List, and General Order No. 3 to Supplement No. 1 to Part 736 of the EAR, or on any OFAC list, currently the Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, (iii) designate a recipient in any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; (v) not to allow access to the Service for any prohibited use or to any prohibited end user.
6.7 Linked Sites
"SecretValet," the SecretValet logo, “SecretValet” and “the SecretValet” logo are trademarks of SecretValet and are protected by law. All other names of companies and products mentioned may be trademarks of their respective owners. You may not copy, display or use any of these marks without prior written permission of the mark owner.
6.9 Modifications to this Agreement
SecretValet has the right, at its sole discretion, to modify this Agreement at any time. Changes will be posted on the Website and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Website is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by following the instructions in this Agreement. Continued use of the Website now or following posted notices of changes in this Agreement means that you have accepted and are bound by the changes.
We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not without the written consent of SecretValet assign or transfer any of your rights and obligations under these terms.
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
Official correspondence must be sent via postal mail to:
P.O. Box 1182
Prior Lake, MN 55372
This Agreement, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by SecretValet.
7. Communications between SecretValet and You