Date Last Revised: February 3rd, 2021
1. General Terms
These Terms of Service (“Agreement)” set forth the terms and conditions that apply to your access and use of the technology-enabled services, including the software as a service offering branded as Secure, the website at https://secure.store/, any Mobile Apps (as defined below), and other related software, content, and services, including all versions and upgrades thereto as owned and operated by Digital Marketing LLC (“Secure”), collectively the "Services". You can access and review the most current version of this Agreement at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available by Secure.
PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.
THIS AGREEMENT REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS AGREEMENT, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 23 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by this Agreement; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 18, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
Secure is intended ONLY for users in the United States, and its use is governed by US law.
2. Accepting the Terms
By accessing or using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Services), or a “Member” (which means that you have registered with Secure). The term “you” or “User” refers to a Visitor or Member, as applicable. The term “we,” “us” and “our” refers to Secure. If you wish to become a Member, communicate with other Members, or make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
You may not use the Service if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Secure.
3. Privacy and your Personal Information
4. Description of the Services
Secure is an independent third party service that acts as an authorized representative when signing up for subscriptions and memberships on your behalf. Secure maintains no partnership or agreement with the providers of Third Party Services.
5. Account Information from Third Party Services Sites
Secure makes no effort to review the Account Information (as such term is defined in Section 11 below) for any purpose, including but not limited to accuracy, legality or non-infringement. Secure is not responsible for the products and services offered by or on third-party sites.
Secure cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain service, account setup or other service interruptions. Secure cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
6. Secure Offers and Third-Party Links
You must abide by subscriber/membership agreements of the Third Party Services. You agree that by using the Service that you will not hold Secure liable for service related problems, including, without limitation, deliverability, service outages, problems with service, and changes to the service. All service issues after the start of the service from the third party should be resolved through such third party providing such Third Party Service. Secure cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings with any Third Party Service
7. Your Registration Information
When you use the Services, you agree to sign up for an account with Secure. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include without limitation asking you for further information, requiring you to provide your full address, requiring you to take steps to confirm ownership of your email address, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Secure cannot verify your identity, we can refuse to allow you to use the Services.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Sites. That LoginID and password form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, through the Services by displaying links to notices generally on the Site, to that e-mail address. You must provide true, accurate, current and complete information about yourself, and you may not misrepresent your Registration Information. It is your responsibility to update or change that address, password or any other information, as appropriate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration Information and other information necessary to facilitate your use of the Services. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on the Site, accessible through any standard, commercially available internet browser.
Secure pays activation fees upfront for some of the Third Party Services activated on your behalf. You authorize Secure to make payments on your behalf to establish your initial account, subscription or membership with such Third Party Services provider. Once we collect payment and establish your account, you will receive an email with your account credentials.
If you believe or become aware (a) of any unauthorized use of your Account Information, Registration Information or any other similar breach of security for the Services and/or (b)(i) that your Registration Information or Account Information or device that you use to access the Services has been lost or stolen or (ii) that someone is using your account without your permission has occurred, you must notify Secure immediately at the email address: firstname.lastname@example.org. If your account remains inactive for three months or longer, CLIENT reserves the right to suspend or terminate your account, with or without notice to you, and delete your content all without liability.
8. Your Use of the Services
Subject to and conditioned on your compliance with this Agreement, Secure hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license solely to access and use the Services only for your personal, non-commercial use. Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by Secure.
9. Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. SECURE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
10. Rights You Grant to Us
Secure will provide account verification details including, but not limited to, your full name, respective addresses, phone numbers, and email addresses, the name of the Third Party Service provider, your Third Party Service provider account number, the applicable password, account number, or other security credentials to access the account, in order to validate the account with the service provider in order to proceed with account setup (“Account Information”).
11. Your Authorization for Credit Card Charges
By using the Services and becoming a Member, you provide your electronic signature to this Agreement and you authorize Secure to electronically use and charge your credit card in connection with your use of the Services, and, if applicable, to correct erroneous debits and credits via credit card charge reversals.
If you choose to use Secure this authorization extends for the purposes of making automated debits and credits on your behalf consistent with establishing your subscription, membership or account with Third Party Service providers. You acknowledge that the electronic authorization contained in this section represents your prior written authorization for any automated transactions as provided in this section and will remain in full force and effect until you notify Secure that you wish to revoke this authorization by contacting us via the “Contact” link on our website or emailing us at email@example.com.
In addition, by accessing and using the Services, you authorize Secure to electronically debit your credit card as follows:
● Amount of Debits: As determined by Secure, for subscription, membership or account fees for Third Party Services provided as part of our Services.
● Frequency of Automated Debits: on a per use basis for payments of subscription, membership or account services; monthly, quarterly, bi-yearly, annually or as otherwise indicated by such Third Party Services providers, for payments or a subscription plan.
You may cancel your credit card authorization to us at any time, however, we must be notified at least three (3) business days before the debit is scheduled to occur, to prevent the upcoming transaction from processing.
Secure reserves the right to cancel or suspend transactions due to fraud or compliance related concerns.
You agree to cooperate with us in correcting errors that may occur as part of the Services. If you receive funds or a credit in an amount greater than what you are entitled to receive under the Services and this Agreement, then you agree to immediately return and pay such excess amount to us. You agree that we and our agents may reverse, withdraw or cancel any debit, transaction or item that provided you with funds in error. You agree that an error occurred if we or our agents send any funds to you after we receive evidence indicating that you defrauded us or provided us or our agents with false information. You agree that we may initiate a new credit card charge to your account in an amount equal to such overpayment plus the amount of expenses we incurred in recovering such overpayment, including the amount of your obligations, if any, under the “Indemnity” provision below. In addition to any of your other representations and warranties in this Agreement, you represent that: (i) your browser is equipped with at least 128-bit security encryption; (ii) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; (iii) the credit card transactions you hereby authorize comply with applicable law; and (iv) your email address on record with us is yours and that email address is accurate and up-to-date.
In errors or questions related to your confirmation email, please email us at firstname.lastname@example.org as soon as possible.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your credit card within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your credit card.
Unless otherwise noted, the Services and Third Party Services are subject to state and local sales tax in accordance with applicable laws. Secure is not responsible for determining whether taxes apply to your payment transaction or for collecting, reporting, withholding or remitting any taxes arising from any payment transaction. Your subscription, membership or account is not exempt merely because it is made over the Internet or by other remote means. Many states require subscribers, members or account holders to file a sales/use tax return at the end of the year reporting all of the taxable subscriptions, memberships or accounts that were not taxed and to pay tax on those subscriptions, memberships or accounts. Details of how to file these returns may be found at the websites of your respective taxing authorities.
Secure reserves the right, at our complete discretion, to charge service fees under a subscription model and/or on a per transaction basis. In some instances, third party websites and applications that offer the Third Party Services may also charge service fees. The imposition of any per-transaction fees by Secure will be disclosed to you prior to any payment and will be clearly noted to you.
Setup Fee/activation fee is non-refundable, except in the event that an error was made during the account setup or except as otherwise required by applicable law. In the event that the Third Party Service is unavailable to you or within your geolocation for which Secure performed an account setup, you must notify Secure in writing no later than thirty (30) days after your initial payment. Secure will attempt to contact the Third Party Service provider on your behalf to refund fees, but make no guarantees. In some cases, you may need to contact the Third Party Service provider from your registered email address with such Third Party Service provider. We reserve the right to prorate your refund after deducting Secure administrative fees.
All questions about transactions made through the Services must be directed to us and not to your bank, credit card or other financial institution where you have a bank account. Error Resolution requests should be emailed to, email@example.com.
12. Secure’s Intellectual Property Rights
The Services provided to you hereunder or available to you through the Services are licensed, not sold, and Secure retains and reserves all rights not expressly granted in this Agreement. You acknowledge and agree that, as between you and Secure, Secure and its licensors owns all rights, title and interest (including all intellectual property rights) in the Services and all data, content, and other materials within the Services. The Services are protected by United States and international copyright and other intellectual property laws and treaties . Secure reserves all rights not expressly granted to you in this Agreement. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only.
In your use of the Services, you will not: (a) use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under this Agreement; (b) reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services; (c) interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services; (d) provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet "links" to the Services or "frame" or "mirror" the Services on any other server, or wireless or Internet-based device; (d) access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services; (e) violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights; (f) remove or obscure any proprietary notice that appears within the Services; (g) impersonate any person or entity, including Secure personnel, or falsely state or otherwise misrepresent your affiliation with Secure, or any other entity or person; (h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; (i) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure; or (j) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services.
You will not: upload, post, email, store, transmit, or otherwise make available any content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; (vi) contains infringing, libelous, or otherwise unlawful or tortious material; or (vii) consists of information that you know or have reason to know is false or inaccurate.
Secure’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this Agreement by Secure, and does not create a private right of action for any other party.
13. Disclaimer of Representations and Warranties
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECURE, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS ") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER SECURE OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.
ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR OMITTING ANY ACTION.
14. Limitations on Secure’s Liability
SECURE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, LOSS OF PROFIT, LOSS OF DATA OR GOODWILL,REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF SECURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SECURE’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $300.00 (FIVE HUNDRED UNITED STATES DOLLARS).
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
15. Your Indemnification of Secure
You shall defend, indemnify and hold harmless Secure and its affiliates, and each of their officers, directors, shareholders, employees, agents, partners and licensors, from and against all claims, suits, proceedings, losses, damages, costs, liabilities, and expenses, including but not limited to attorneys fees, whether in tort, contract, or otherwise, that arise out of or relate in whole or in part or attributable to(a) your breach of this Agreement, any law or regulation, or any rights (including intellectual property rights) of another party; or (b) any activity by you in relation to the Sites or your use of the Services.
16. Ending your relationship with Secure
This Agreement will continue to apply until terminated by either you or Secure as set out below. If you want to terminate this Agreement with Secure, you may do so as follows:
Secure may at any time, terminate this Agreement with you and your access to and use of the Services:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if Secure in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that Secure may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Secure shall not be liable to you or any third party for any termination of your access to the Services.
Secure reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Secure reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such an event, if you are a paid user to the Services, Secure will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Secure shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
Secure may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you access or use the Services after those changes are posted.
18. Governing Law
This Agreement shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated.
a. ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED
b. The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
c. WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
d. Notwithstanding anything to the contrary, you and Secure may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 19.
e. If Secure implements any material change to this Section 19, such change shall not apply to any claim for which you provided written notice to Secure before the implementation of the change
20. Allegations of Copyright and Trademark Infringements; Notification
Secure respects the intellectual property rights of others and Secure asks that users of the Site and Services do the same. If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
The information specified above must be sent to Secure’s Designated Agent, whose contact information is as follows:
815-A Brazos St #76
Austin, TX 78701
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to Secure may be shared with third parties, including the person who provided Secure with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is Secure’s policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send Secure’s Designated Agent a written counter-notice with the following information:
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.