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Terms Of Service
ACCEPTANCE OF TERMS
SafeAndSecureBackups.com by 123connect (“SASB”) welcomes you. SASB provides the Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time on this page. By accessing and using the Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular SASB owned or operated services, you and SASB shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time.
DESCRIPTION OF SASB SERVICES
SASB provides users with access to a collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "SASB Services"). You also understand and agree that the SASB Services may include advertisements and that these advertisements are necessary for SASB to provide the SASB Services. You also understand and agree that the SASB Services may include certain communications from SASB, such as service announcements, administrative messages and the SASB Newsletter, and that these communications are considered part of SASB membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current SASB Services, including the release of new SASB properties, shall be subject to the TOS. You understand and agree that the SASB Services are provided "AS-IS" and that SASB assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the SASB Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the SASB Services.
You understand that the technical processing and transmission of the SASB Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the SASB Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the SASB Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the SASB Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SASB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SASB has the right to suspend or terminate your account and refuse any and all current or future use of the SASB Services (or any portion thereof).
SASB PRIVACY POLICY
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full SASB Privacy Policy at https://www.safeandsecurebackups.com/privacy.asp.
You understand that through your use of the SASB Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by SASB and its affiliates.
SASB complies with the requirements for the storage of data from the European Union. See the complete policy at: https://www.safeandsecurebackups.com/safeHarbor.asp
INTERSTATE NATURE OF COMMUNICATIONS ON SASB’S NETWORK
When you register with SASB, you acknowledge that in using the SASB Services to send electronic communications (including but not limited to email, search queries, sending messages to SASB, on-line backup, file sharing and other Internet activities), you will be causing communications to be sent through SASB's computer networks, portions of which are located in California, Texas, Kentucky, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of SASB's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the SASB Services and transfer, posting and uploading of software, technology, and other technical data via the SASB Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the SASB Services to parties identified on such lists; (b) agree not to transfer, upload, or post via the SASB Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
INDEMNITY
You agree to indemnify and hold SASB and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the SASB Services, your use of the SASB Services, your connection to the SASB Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF SASB SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the SASB Services (including Content, advertisements, Software).
MODIFICATIONS TO SASB SERVICES
SASB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SASB Services (or any part thereof) with or without notice. You agree that SASB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SASB Services (or any part thereof).
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SASB Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SASB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the SASB Services.
LINKS
The SASB SERVICES may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that SASB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SASB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SASB SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SASB SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SASB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SASB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SASB SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SASB SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SASB SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SASB SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SASB SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SASBOR THROUGH OR FROM THE SASB SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SASBAND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SASBHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SASBSERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SASBSERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SASB SERVICE.
EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
NOTICE
SASB may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the SASB SERVICES, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the SASB SERVICES in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the SASB SERVICES in an authorized manner.
TRADEMARK INFORMATION
You agree that all of Yahoo!’s trademarks, trade names, service marks and other SASB logos and brand features, and product and service names are trademarks and the property of SASB (the "SASB Marks"). Without SASB's prior permission, you agree not to display or use in any manner the SASB Marks.
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and SASB and governs your use of the SASB SERVICES, superseding any prior version of this TOS between you and SASB with respect to the SASB SERVICES. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SASB SERVICES, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and SASB each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Yahoo!, shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Central District of California. You and SASB agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California or the CentralDistrict of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of SASB to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SASB SERVICES or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
