TERMS OF SERVICE
- “App”: any downloadable application we may make available to you.
- “Consumer”: any individual that accesses our Site or uses any of our Services or Content, other than a Service Provider.
- “Content”: text content, notifications, emails, videos, images, audio or any other content, or any combination of the foregoing, in each case, that we make publicly available in our Site(s) and/or App(s) or that we permit you to access through the Site(s) and/or App(s), whether created by us or otherwise.
- “Services”: any software or services we make available to you, including the Site or App, as well as any offline services we may provide to you.
- “Service Provider”: any third party service provider (including any freelance journalist), online affiliation network or advertiser with whom we have contracted to provide Content or Services.
- “Site”: securethoughts.com
- “Terms”: These Terms of Service, which are a legally binding agreement that governs your access to our Services.
- “Webpals”, “we”, “us” or “our”: Webpals Systems S.C Ltd
- “you” or “your”: you
- “User”: a user of our Services, whether a Consumer, Service Provider or otherwise.
Through our Services, we provide Content regarding a variety of topics. Use of our Services is for informational purposes only.
Our Site provides you with information about certain products or services. We hope that this information will help you with thinking about and managing the products and services that will suit you. Please note that you are responsible for your own decisions relating to the subject matter of the Site. Our Services provide Content that is broad in scope and that does not take into account important details (financial or otherwise) relating to your personal situation. Your personal situation is unique and information included in the Content may not be applicable to your personal situation. You should consider additional information from other sources before making decisions about use or purchase of any product or service.
Please read THESE TERMS carefully, as THEY contain an Agreement to Arbitrate, which requires that you and Webpals arbitrate certain claims BY BINDING, INDIVIDUAL ARBITRATION instead of going to court and limits class action claims, unless you opt out of the Agreement to Arbitrate as described in the arbitration section (see Section 20 “Agreement to Arbitrate”).
1. Acceptance of Terms.
PLEASE REVIEW THESE TERMS BEFORE USING OUR SITE, AS THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT. IF YOU ARE VIEWING THIS ON YOUR MOBILE DEVICE, YOU CAN ALSO VIEW THESE TERMS VIA A WEB BROWSER AT https://securethoughts.com/tos/. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE OUR SERVICES, INCLUDING OUR SITE OR APP. BY USING OUR SERVICES, INCLUDING OUR SITE OR APP, YOU REPRESENT TO US THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS.
Webpals reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on our Site. Revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of our Site or our App after a revised version of these Terms has been posted on our Site constitutes your binding acceptance of the revised Terms.
As set forth in Section 4, we reserve the right to alter, suspend or discontinue our Services or your access to our Services in whole or in part, at any time and for any reason, without notice.
As set forth in Section 8, you are responsible for ensuring that any Content that you provide complies with all applicable laws and regulations.
We may change our Services at any time. If you do not like our Services or these Terms, please let us know and provide constructive feedback by sending us an email at [email@example.com] . We do not promise to make any changes that you suggest, and your sole remedy if you are dissatisfied with our Services or these Terms is that you may discontinue your use of our Services at any time.
We may alter, suspend, or discontinue our Services in whole or in part, at any time and for any reason, without notice. Our Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use our Services, you must have a computer with Internet access that can access our Site or a compatible mobile device enabled with our App.
When using our Services, your telecommunications carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of use of our Services. You are responsible for ensuring that, at all times while using our Services, you are not in violation of your agreement with your telecommunications carrier.
Please note that we may be paid by a Service Provider. Content that appears on our Site or on our App may be sponsored by a Service Provider.
Subject to these Terms and any other agreement between you and us, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use our App on a compatible mobile device for your personal, non-commercial purposes and use our Site, in each case, solely in the manner enabled by us.
Your license to use our Services is automatically revoked if you violate these Terms. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to all such upgrades or improvements. The foregoing license grant is not a sale of our App or our Site or a sale of a copy of our App or our Site, and we and our partners and suppliers retain all rights and interest in our Services. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
6. Login Credentials.
7. Webpals Content; Uploaded Content.
Subject to these Terms and any other agreement between you and us, we hereby grant you a limited, personal, non-transferable, non-exclusive, non-sublicensable, revocable license to access and use Content that we make available through our Services (“Webpals Content”), solely for your personal and non-commercial use, and subject to any restrictions on certain types of Content set forth in these Terms. You understand that the Webpals Content that is posted on our Services is used by you at your own risk.
Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on our Site.
Webpals does not claim any ownership rights in the Content posted by a User to our Services (collectively, “User Content”). You represent and warrant to us that you own the User Content posted by you or that you otherwise have sufficient right, title and interest in and to such User Content to grant us the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay all royalties, fees and any other monies owed to any person by reason of any User Content posted by you.
After posting User Content to our Services, you continue to retain such responsibility for and rights in such User Content as you held prior to posting such User Content on our Services, except that you waive all moral rights in such User Content. By posting any User Content to our Services, you hereby grant to us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to reproduce, distribute, prepare derivative works of, adapt, modify (e.g., re-format), translate, re-arrange, display, publicly perform and otherwise use your User Content for any purpose through any manner, mode of delivery or media now known or developed in the future (e.g., including to anonymize or re-purpose such User Content). We have no obligation to use, or to continue to use, any User Content. You retain sole authorship responsibility for any User Content you post to our Services regardless of whether we modify your User Content.
We reserve the right to make changes to any Content, descriptions or specifications of our Services, or other information without obligation to issue any notice of such changes.
8. Prohibited Conduct.
As a condition of your use of our Services, you will not use our Services for any purpose that is unlawful or prohibited by these Terms. It is your responsibility to ensure that any Content that you provide is in compliance with all applicable laws and regulations.
You may not use our Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services. You agree not to use false or misleading information in connection with your user account or impersonate any other person living or dead, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party).
In addition, you agree that you will not and will not authorize or facilitate any attempt by another person to use our Services to:
a. Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Webpals. b. Use a name or language that we, in our sole discretion, deem offensive. c. Post defamatory statements. d. Post hateful or offensive Content or Content that disparages any ethnic, racial, sexual, gender, religious, or other group. e. Post Content that depicts or advocates the use of illegal drugs. f. Post Content that characterizes violence as acceptable, glamorous or desirable. g. Post Content that infringes another’s copyright, trademark or trade secret. h. Post unsolicited advertising or unlawfully promote products or services. i. Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity. j. Promote, solicit, or participate in any multi-level marketing or pyramid schemes. k. Exploit children under 18 years of age. l. Engage in disruptive activity, such as sending multiple messages in an effort to monopolize a forum. m. Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age). n. Solicit personal information from children under 13 years of age. o. Create a false identity or impersonate another person or entity. p. Encourage conduct that would constitute a criminal or civil offense.
We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative.
You agree not, and will not permit any person or entity, to: (i) use, or allow the use of, our Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using our Services; (iii) obtain unauthorized access to any computer system through our Services; (iv) circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or any Content; (v) introduce viruses, worms, Trojan horses or harmful code to our Services; or (vi) use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of our Services or any Content, except as permitted by our robots.txt file on the applicable Site.
We reserve the right, without prior notice and in our sole discretion, to decide whether your use of our Services violates these Terms for any of the above reasons or for any other reason, and if we do so, we may terminate your access to our Services.
By using our Services, you hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your provision of any Content, (ii) your use of our Services; (iii) any User or other third party’s use of any Content that you submit via our Services; or (iv) any interaction you have with another User, including without limitation making an offer to a User of any of your products or services. At our option and in our sole discretion, you agree to defend us from any such Claims.
10. Intellectual Property Rights.
You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance or make derivative works of our Services or any Content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services including without limitation any modifications, enhancements, derivatives or other software or materials provided hereunder by us or copies thereof to others in violation of these Terms.
Unless otherwise noted, all Webpals Content contained on our Services is the property of us or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
11. Links to Third Party Sites.
12. Providers of Third Party Platforms.
You hereby acknowledge and agree that all of our licensors, suppliers or other third parties: (i) are not parties to these Terms; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to Webpals; (iii) are not responsible for addressing claims by you or any third party relating to our Services, including without limitation any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that our Services or use thereof infringes any third party intellectual property rights.
Under no circumstances will we be liable for any loss or damage caused by failed delivery or receipt of Content, your reliance on or use of information from our Services, information provided by another User or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services. You are solely responsible for any loss or damage caused by your decision to use or rely on any information, opinion, advice or other content available through our Services.
OUR SERVICES AND ALL CONTENT ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING WITHOUT LIMITATION MECHANISMS FOR THE DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THAT OUR SERVERS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
14. Limitation of Liability; Release. (a) Disclaimer. IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF OUR SERVICES, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. (b) Limitation. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATEST OF (I) $100.00; or (II) (A) if you are a consumer, THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN FEES, IF ANY, IN THE THEN-PRIOR SIX (6) MONTH PERIOD, OR (B) IF YOU ARE A SERVICE PROVIDER, THE AGGREGATE AMOUNT OF FEES WE HAVE PAID YOU, IF ANY, IN THE THEN-PRIOR SIX (6) MONTH PERIOD. (c) Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. (d) Release. Our Services are only a means of providing information to Consumers and we do not provide advice, nor do we take part in the use of such information on the part of our Consumers to make any type of decisions. As a result of our lack of involvement in any such decisions, you hereby release us, and our officers, directors, employees, agents, investors, subsidiaries and contractors from any and all claims, demands or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) disputes between or among Users; (ii) third party sites, products and services, including without limitation insurance policies; or (iii) claims relating to the unauthorized access to any data, communications or content stored under or relating to your account, including without limitation unauthorized use or alteration of such communications or your Content. We expressly disclaim any liability or claims that may arise between or among Users of our Services. You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” You waive any other similar provision of applicable law that applies to you. 15. California Users
If you are a California resident, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired Users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.
16. Jurisdictional Issues.
17. Modifying and Terminating Service.
We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at the email address provided by you at registration. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update our Services from time to time. We may add or remove features including without limitation making free Services into paid Services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend or change our Services at any time without prior notice.
If we determine that you are using our Services inappropriately, we may suspend or terminate your account at any time with no notice. If we do so, you may contact us at [firstname.lastname@example.org] and we may consider any concerns that you express regarding the suspension or termination of your account.
You may terminate these Terms at any time by ceasing to use our Services or by closing your account, if you have an account. On our Services, we will include instructions for how to close your account. We may update these instructions and our process to close your account from time to time. Please follow the instructions on our Services to close your account if you would like to do so.
The following Sections of these Terms and any accrued obligations will survive any termination of these Terms: 1, 3, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22.
18. Unsolicited Ideas and Feedback.
We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). It is important to be aware of the following restrictions with regards to your Suggestions. If you send us any Suggestions, you agree that: (1) your Suggestion(s) become our property and you are not owed any compensation in exchange; (2) none of the Suggestion(s) contain confidential or proprietary information of any third party; (3) we may use or redistribute Suggestion(s) for any purpose and in any way; (4) there is no obligation for us to review your Suggestion(s); and (5) we have no obligation to keep any Suggestions confidential.
19. Governing Law; Dispute Resolution.
These Terms, and any dispute between you and us, shall be governed by the laws of the State of New York, USA, without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction other than New York General Obligations Law 5-1401, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 20 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in New York, New York, USA, except that you or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
20. Agreement to Arbitrate; Waiver of Class Action.
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:
Webpals Systems S.C Ltd., ATTN: email@example.com
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
In accordance with Section 17, this Arbitration section will survive the termination of your relationship with us.
YOU AND WE EACH KNOWINGLY, VOLUNTARILY AND WITHOUT DURESS, INTIMIDATION OR COERCION, WAIVE ALL RIGHTS TO A TRIAL BY JURY OF DISPUTES ARISING UNDER THESE TERMS.
You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of each other. These The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
22. Entire Agreement; Conflict with other Agreements.
These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our Site. In the event that these Terms conflict with any term of any other agreement between you and us, these Terms shall govern unless such other agreement between you and us explicitly set forth the provisions of these Terms that shall not govern.
Our Services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. If you are a parent or guardian and you discover that your child has created an unauthorized account on our Services, please contact us at firstname.lastname@example.org.
24. For Additional Information.
If you have any questions about these Terms, please contact us at: email@example.com.
Updated: October 3, 2018