Legal

 

 

Terms and Conditions

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Last Modified: September 1, 2020

1. Acceptance of Terms

Welcome, and thank you for your interest in SecureTower! The website located at www.securetower.com (“Website” or “Site”) is owned and operated by SecureTower LLC, a Company formed in accordance with the laws of the State of New York.

Any reference in these Terms and Conditions to “You,” “Your,” or “User” refers to the person who accesses the Website, and any reference to “the Company,” “SecureTower,” “We,” “Us,” or “Our” refers to Secure Tower, LLC.

These Terms and Conditions, govern your use of the Website and all information made available by the Company through the Website. By continuing to use the Website, you agree to abide by these Terms and Conditions. These Terms and Conditions and our Privacy Policy are collectively referred to as “the Agreement” or “the Terms.”

PLEASE CAREFULLY READ THE TERMS BEFORE PROCEEDING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REFRAIN FROM ACCESSING THIS WEBSITE.

1. Additional Terms

The Company reserves the right to offer Services that may require you to agree to additional terms and conditions than those stated hereunder. By proceeding to use such Services, you expressly agree to abide by such additional terms.

1. Eligibility

Our Website is not targeted at users who are under the age of eighteen (18) years or otherwise considered a minor in their current State. If you are under eighteen (18) years of age or considered a minor by your local State laws, you may not use our Website. 

WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM PERSONS UNDER THE AGE OF THIRTEEN YEARS.

You agree that you will use the Website in accordance with this Agreement and in compliance with your local applicable law and regulations.

1. Information Disclaimer

ALL INFORMATION ON THE WEBSITE IS MADE AVAILABLE FOR GENERAL INFORMATION PURPOSES ONLY, AND IT SHOULD NOT BE RELIED UPON TO MAKE ANY DECISIONS WITHOUT PRIOR CONSULTATION WITH THE COMPANY. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY INFORMATION ON THE WEBSITE OR ANY PRODUCTS TO WHICH SUCH INFORMATION PERTAINS.

ALTHOUGH THE COMPANY MAKES ITS BEST EFFORT TO ENSURE THAT THE INFORMATION ON THE WEBSITE IS CORRECT AND CURRENT, YOU ACKNOWLEDGE THAT THERE MAY BE ERRORS, OMISSIONS AS WELL AS HISTORIC INFORMATION ON THE WEBSITE WHICH IS NOT INTENDED TO GUIDE YOUR DECISIONS.

THE COMPANY RESERVES THE RIGHT TO MODIFY ANY INFORMATION ON THE WEBSITE, AT ANY TIME, WITHOUT PRIOR NOTICE TO USERS; HOWEVER, THE COMPANY IS NOT UNDER ANY LEGAL OBLIGATION TO DO SO. THE COMPANY WILL NOT BE HELD LIABLE FOR ANY ERROR, OMISSION, OUTDATED OR INACCURATE INFORMATION ON THE WEBSITE. IF YOU IDENTIFY ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY INFORMATION ON THE WEBSITE, PLEASE NOTIFY US THROUGH THE CONTACT FORM ON OUR WEBSITE AND PROVIDE US THE LINK TO THE PAGE WHERE YOU FOUND THE ERROR, INACCURACY OR OMISSION.

ALL INFORMATION IS PROVIDED TO YOU ON AN “AS-IS” BASIS WITHOUT ANY WARRANTIES OF ANY NATURE, EITHER EXPRESS OR IMPLIED, INCLUDING STATUTORY WARRANTIES. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION YOU RECEIVE THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.

1. Intellectual Property

All text, images, audio, video, logos, trademarks, code, software, interactive features, and the like (“Company Content”) available on the Website is owned by the Company or its licensors and is protected by copyright, trademark, and applicable laws and conventions. You may only use the Company Content for your personal and non-commercial use only provided that you do not remove or modify any copyright notices, trademarks, or other similar intellectual property notices from any Company Content. You are strictly prohibited from copying, selling, modifying, reproducing, republishing, distributing, transmitting, performing, licensing, reverse engineering, or creating derivative works of any Company Content without our express written consent.

The Company and its licensors grant you a revocable, non-exclusive, non-transferable license to use the Company Content for your personal and non-commercial use only.

Trademarks

All trademarks, signs and logos on the Website are registered and unregistered trademarks of the Company, its licensors, and other parties who retain full ownership in their respective intellectual property. Any use of such proprietary intellectual property without the express written consent of its respective owner is strictly prohibited.

Unless expressly stated otherwise, any images of persons or personalities visible on the Website does not indicate an endorsement of any product or service by such person or personality.

1. User Content

The Company may allow Users to upload, post and share text, images or video content on the Website (hereinafter referred to as “User Content”).

The Company does not claim ownership of any User Content; however, by posting your User Content on the Website you grant the Company a non-exclusive, irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, reproduce, prepare derivative works of your User Content in any media and without any compensation to you. You understand and accept that when you send the Company your feedback, ideas and suggestions, you grant the Company, its successors and assigns, full and exclusive rights, to use, disclose and otherwise exploit your ideas and suggestions, either by inclusion in our products/service or by creation of a new product/service, in whole or part, without any restriction or compensation to you now or ever in future.

You also represent and warrant to the Company that you have the intellectual property right and authority to post/upload your User Content on the Website and that your User Content will not contravene any intellectual property, privacy or other applicable laws. You acknowledge that you are solely responsible for the legality, reliability, and copyright of your User Content and you agree that you will not upload or post any User Content on the Website that is in contravention of our Acceptable Use Policy. You further grant the Company and its authorized personnel the right to identify you as the owner of such User Content by your name, or email address where appropriate, or as required by law.

You hereby grant all Website Users a non-exclusive license to access and view your User Content that is posted in public areas of the Website.

1. Reporting Copyright Disputes

If you believe that your copyrighted content is posted, uploaded or made accessible through the Website without your authorization, please inform us at info@securetower.com and provide us with the following information:

• • Identification of the content that is claimed to be infringing your copyrighted works;

• • Your contact information including your name, phone number, and email address;

• • A written and signed statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us regarding the copyright infringement;

• • A statement by you confirming all the information provided by you is bona fide true.

We will respond to copyright disputes within twenty business days. We are unable to offer you any assurances of the time it would take for a full investigation, but we will make our best effort to avoid any undue delays.

  

1. Maintenance

From time to time, we may be required to carry out scheduled or unscheduled Website maintenance, including but not limited to testing, repairs, upgrades, and other similar tasks. Under such circumstances, we may have to deactivate or suspend Users access to the Website temporarily. The Company shall not be liable to indemnify any User for any loss, damage, costs or an expense that the User may suffer or incur, as a result of such deactivation or/and suspension.

1. Changes

The Company reserves the right to add new Website features and functionality, modify any existing features as well as amend any provision of this Agreement. Any changes in features and functionality will become effective from the date of implementation on the Website. If we make any amendments to any provision of this Agreement, we will notify you by updating the last modified date on the top of the web page where these Terms appear. It is solely your responsibility to review these Terms periodically. The Company will not assume any liability arising from your failure to review the Terms.

1. Acceptable Use Policy

By accessing the Website, you expressly agree that:

• You will not use the Website for conducting any unlawful, illegal or prohibited activity; 

• You will only use the Website in compliance with all applicable laws and regulations;

• You will not modify, adapt, translate, or reverse engineer any portion of the Website;

• You will not use any robot, spider, site scraping/retrieval application or any other automated routines in order to scrape any data/information from any part of the Website;

• You will not reformat or frame any portion of the Website without the express written consent of the Company, which may be declined in our sole discretion;

• You will not attempt to gain access to any unauthorized areas of the Website through any illegal means including hacking or other similar means;

• You will not probe, scan or test the vulnerability of the Website or any other security measures implemented by the Company;

• You will not use any software, device or routine that interferes or attempt to interfere with the proper working of our Website or any other users’ use of our Website;

• You will not post or submit any content or material on any Website, that falsely expresses or implies that such content or material is sponsored or endorsed by the Company;

• You will not upload, distribute or publish any User Content on the website that is confidential, fraudulent, libelous, defamatory, obscene, violates anyone’s privacy, publicity or intellectual property rights;

• You will not impersonate another person when using the Website or contacting the Company;

• You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;

If we discover that you have violated any of the aforementioned terms, we reserve the right to take appropriate legal action to ensure the safety of our Website and Users. Additionally, we make seek material damages resulting from such violations.

1. Disclaimer of Warranties; Limitation of Liability

THE WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE BASIS” WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE INFORMATION AVAILABLE ON THE WEBSITE DOES NOT CONSTITUTE ADVICE AND SHALL NOT CREATE ANY WARRANTY OF ANY KIND WHATSOEVER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES THAT ARE NOT EXPRESSLY REFERENCED HEREIN, INCLUDING BUT NOT LIMITED TO:

1. WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, AND COMPLETELY SECURE;
2. ANY SPECIFIC RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY INFORMATION AVAILABLE ON THE WEBSITE; OR
3. ANY INFORMATION/USER CONTENT ON THE WEBSITE IS ACCURATE, ADEQUATE, CORRECT, CURRENT, COMPLETE, USEFUL, RELIABLE OR ERROR-FREE.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

NOTHING IN THIS AGREEMENT SHALL ACT TO EXCLUDE OR LIMIT THE LIABILITY OF THE COMPANY FOR FRAUD BY THE COMPANY, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, AND YOU ACKNOWLEDGE THE WEBSITE IS MADE AVAILABLE TO YOU FOR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, EMPLOYEES, AGENTS, AND SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LIABILITIES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE LIMITATION OF LIABILITY APPLIES TO DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ANY OTHER DISPUTE ARISING FROM OR ASSOCIATED WITH ANY ASPECT OF THE WEBSITE OR INFORMATION PROVIDED BY THE COMPANY THROUGH THE WEBSITE.

IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, DIRECTOR, EMPLOYEES AND SERVICE PROVIDERS UNDER ANY CIRCUMSTANCES EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE LAST SIX MONTHS PRECEDING THE MONTH WHEN THE CLAIM FIRST AROSE. YOU ACCEPT THAT YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.

ANY CLAIM AGAINST THE COMPANY, FROM THIS AGREEMENT OR FROM THE USE OF THE WEBSITE MUST BE BROUGHT BY THE USER WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM FIRST AROSE. ANY FAILURE ON THE PART OF THE USER TO BRING THE CLAIM WITHIN ONE YEAR WILL RESULT IN WAIVER OF USER’S RIGHT TO BRING SUCH ACTION AT A LATER STAGE.

1. Indemnification

You agree to release, defend, indemnify, and hold harmless the Company and its directors, affiliates, employees, service providers and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal fees, arising as a result of:

(i) Your use of the website and/or any breach of these Terms by you;

(ii) the violation of any applicable laws by you, or

(iii) the infringement by you of any intellectual property or other rights of any person or entity.

The Company reserves the right, at its own expense to assume the exclusive defense of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.

1. Governing Law and Jurisdiction

This Agreement and any dispute arising out of or in connection with this Agreement or its subject matter shall be governed and construed by the laws of the State of New York, without giving effect to any principles of conflict of laws. Both parties hereby submit to the exclusive jurisdiction of the courts located in the State of New York to settle any claims and actions arising out of or related to this Agreement. The Website is designed and delivered in compliance with the laws of the State of New York. It is solely your responsibility to ensure that your use of the Website does not violate your applicable local laws.

1. Severability

If any provision of this Agreement is found to be invalid or for any reason unenforceable, that provision will only be limited to the minimum extent necessary and the remaining provisions will remain fully enforceable.

1. Assignment

The Company reserves the right to assign any of its rights and obligations to any person in its sole discretion without giving any notice to the User. Users shall not assign or in any other manner transfer any of User’s rights or obligations under these Terms to any third party, without the express written consent of the Company.

1. No Class Action

Neither the Company nor the User shall bring any action against the other as a class member in any class action. Any claim brought by the Company or the User must be brought in their own individual capacity.

1. Contact Us

If you have any questions or comments regarding these Terms, or if you wish to contact us with any other requests, you can easily do so through the contact form on our Website.

1. Force Majeure    

Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalsation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.