PLEASE READ THESE TERMS OF USE CAREFULLY
BY ACCESSING THIS WEBSITE, PURCHASING OR USING PREMIER VAULT PRODUCTS OR SERVICES EITHER
AS A VISITOR OR A CUSTOMER (INCLUDING PAID OR COMPLIMENTARY CUSTOMER) YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS OF USE BELOW AND OUR PRIVACY STATEMENT.
EACH TIME YOU VISIT OUR WEBSITE OR USE ANY PRODUCT OR SERVICE YOU REAFFIRM YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS. YOU CANNOT USE OR PURCHASE ANY OF OUR
PRODUCTS OR SERVICES WITHOUT ACCEPTING THESE TERMS AND CONDITIONS.
Welcome to our website ("website") which is owned and operated by the Premier Vault Corporation,
a Colorado corporation ("Premier Vault"). Premier Vault reserves the right to modify content
on this website and these Terms of Use from time-to-time without prior notice. These
Terms of Use apply to you as a user of our website and/or our products and services
and whether or not you are a visitor, a complimentary customer or paying customer.
Any unauthorized use terminates your permission to use the website or the products
or services. Unauthorized use of or through this website and systems including,
but not limited to, unauthorized entry into or misuse of Premier Vault's systems, misuse
of passwords, or misuse of any information is strictly prohibited. Products and
services described herein, as well as associated fees or charges may differ among
geographic locations. You agree that (1) you shall not engage in any activities
related to the website and/or in use Premier Vault products or services that are contrary
to any applicable federal, state or local law, regulation or rule or contrary to
these Terms of Use and (2) as a customer you shall establish commercially reasonable
security procedures and controls to limit access to your password or other identifying
information to individuals authorized by you.
Premier Vault products and services are intended for general consumer use. You represent
and warrant that you have adequate legal capacity to enter into binding agreements
such as these Terms of Use. Premier Vault may require the user to provide certain personal
information to use our products or services, such as name, e-mail address, gender,
date of birth, zip code and if you use or purchase any product or service, you agree
to provide accurate and complete personal information and you agree to keep such
information current. You consent to our use of your personal information under the
terms of our Privacy Statement.
You are solely responsible for the kind and character of the content of all data
you store or retrieve from, or attempt to store or retrieve from or share from your
storage vault, and for all transmission by you from and to your storage vault. You
shall not use our website, our system or your storage vault in any way for spamming,
junk mail, distribution lists or chain letters to any person who has not given specific
permission to be included in such a process. You agree not to transmit or store
(1) any illegal pictures, materials or information; (2) any harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material
of any kind or nature; (3) any material that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate any applicable
local, state, national, or international law or regulation; (4) any code or material
that violates the intellectual property rights of others; or (5) any "Viruses",
"Trojan horses", worms, or any other similar contaminating or destructive features
(collectively "Improper Actions"). You shall only use our website and your storage
vault for lawful purposes, in compliance with all applicable federal, state and
local laws including, without limitation, copyright, trademark, terrorist, obscenity
and defamation laws. Unlawful activities may include, without limitation, attempting
to compromise the security of this website, any Premier Vault systems, products or services,
or any networks, or making direct threats of physical harm, or transmitting, distributing
or storing any unlawful material. If you violate the restrictions of these Terms
of Use, you agree to defend and indemnify Premier Vault against any claim or action that
arises from your unlawful or improper use.
You are solely responsible for (1) obtaining sufficient rights to the content of
all data and files stored by you in your vault and on Premier Vault's systems and (2)
ensuring that you do not take any Improper Actions. Premier Vault does not review, inspect,
edit or monitor any content, data or files stored by you or any other user of our
products, including, without limitation, for Improper Actions. However, Premier Vault
reserves the right to refuse, remove or disable access to any data or files stored
on Premier Vault systems that Premier Vault learns may be illegal, may be Improper Actions,
may violate the rights of any third party or otherwise may be reasonably objectionable.
OWNERSHIP, COPYRIGHT AND TRADEMARK INFORMATION
You do not acquire any ownership rights to any content in the website or the products
or services provided herein. As a user of Premier Vault you are only a licensee to utilize
your storage vault. The works of authorship contained in this website and associated
with our products and services, including but not limited to, information, designs,
icons, and sounds on our website are owned by and are the copyrighted material of
the Premier Vault or its partners or vendors except as otherwise stated herein. Premier Vault
reserves all rights in this website, its content, and all its products and services
not specifically granted in any agreements with Premier Vault or in these Terms of Use.
Except as expressly provided herein, Premier Vault and its vendors and suppliers do not
grant any express or implied right to users under any patent, copyright, trademark,
or other intellectual property right. You may not use any Premier Vault logo or other
proprietary graphic or trademark as part of the link without prior express written
permission.
The "Premier Vault Corporation", "Virtual Vault" "Vx" and any of our logos are trademarks
of the Premier Vault Corporation. Other featured words or symbols, used to identify the
source of goods and services, may be the trademarks of their respective owners.
PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE
Premier Vault offers only the products and services as set forth on this website. When
you purchase or subscribe to a product or service directly from Premier Vault you accept
the specific agreement applicable to that product or service and these Terms of
Use. Except as provided on the website, in any agreement with Premier Vault and these
Terms of Use, Premier Vault does make any other representations or warranties about its
products or services. In addition, when you purchase or subscribe to products or
services through our vendors or suppliers, you shall be subject to their separate
but additional terms, conditions and disclaimers of such vendors or suppliers.
Subject to Premier Vault's acceptance of your use and your compliance with these Terms
of Use, Premier Vault shall provide you with the products and/or services as offered and
described. Premier Vault shall generally allow you to access your storage vault 24/7/365.
You are responsible for obtaining and maintaining all computer hardware, computer
software and communications equipment needed to access this Website and your vault,
and for paying all third party access fees of Internet providers.
THIRD PARTY WEBSITES AND INFORMATION
This website may provide hyperlinks to third party websites or access to third party
content and these hyperlinks are provided for your convenience only. Hyperlinks
on our website or in our products or services to non-Premier Vault websites does not express
or imply any Premier Vault endorsement of or responsibility for the opinions, ideas, products,
information, or services offered at such websites, nor any representation regarding
the content at such websites, the products or services and Premier Vault has no control
over the same. If you choose to link to a website not controlled by Premier Vault, Premier Vault
makes no representations or warranties, either express or implied, concerning the
respective product or service, the content of such website, including, but not limited
to the accuracy, completeness, reliability, or suitability thereof for any particular
purpose, nor does Premier Vault represent or warrant that such website or content is free
from any claims of copyright, trademark, or other infringement of the rights of
third parties or that such website or content is devoid of viruses or other contamination.
You agree that Premier Vault is not responsible for any product or service or the content,
associated links, resources, or services associated with a third party Web website.
You further agree that Premier Vault shall not be liable for any loss or damage of any
sort associated with your use of third party websites or content. Premier Vault does not
guarantee the authenticity of any unrelated documents on the Internet.
WEBSITE CONTENT AND MATERIALS
Any dated information is published as of its date only, and Premier Vault does not undertake
any obligation or responsibility to update or amend any such information. By posting
this website and information, products, or services via this website, no distribution
or solicitation is made by Premier Vault to any person to use the website or such information,
products, or services in jurisdictions where the provision of the website and such
information, products, services is prohibited by law.
TERM AND TERMINATION
Term. The term of your use of our products and services may vary depending upon
the product or service purchased, subscribed for or provided on a complimentary
basis.
Payment of Fees. By purchasing Premier Vault's products or services you agree to the respective
product and service fees ("Fees") for the term of your purchase or subscription
and any renewals. The Fees are on a recurring basis and payable in advance by charging
your credit card or checking account, as applicable. You hereby agree the Fees shall
automatically be charged from your credit card or checking account without your
further action or consent until your account is terminated. Once you are a purchaser
of Premier Vault you may change the credit card used or checking account used by clicking
on the "Manage My Account" button on the login page. Payment by fraudulent means
shall result in immediate and permanent termination of the account and possible
criminal penalties.
You agree to provide Premier Vault with accurate and complete billing information, including
your legal name, address and telephone number, email address and you agree to update
this information within thirty (30) days of any change of such information. Premier Vault
reserves the right to change the Fees or applicable charges and to institute new
fees from time-to-time but may only do so on not less than thirty (30) days prior
written notice to you.
Termination By Delinquency. If your credit card company refuses for any reason to
pay the amount billed for your subscribed products or services or you otherwise
fail to make payment you shall be considered a delinquent account ("Delinquent Account").
If you are a Delinquent Account you shall be (i) immediately removed from coverage
under any personal identity theft insurance policies provided by Premier Vault, denied
access to your storage vault and (ii) the data stored in your storage vault may
then be immediately deleted by Premier Vault without notice. Premier Vault is not responsible
to you for injury or loss suffered by removal from insurance coverage nor for any
or all data deleted by Premier Vault from your storage vault as a Delinquent Account.
If you believe you have been billed incorrectly, you must contact Premier Vault no later
than thirty (30) days after the billing statement in which the error or problem
appeared. Inquiries should be directed to www.premiervault.net.
POTENTIAL DISRUPTION OF SERVICE
Premier Vault uses commercially reasonable efforts to provide you with 24/7/365 access
to your vault. However, your access to our website and your vault may from time
to time be unavailable, delayed, limited or slowed due to things beyond our control
such as:
- hardware failure, including failures of computers (including your own computer),
servers, networks, telecommunication lines and connections, and other electronic
and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration
problems, incompatibility of systems, utilities or applications, the operation of
firewalls or screening programs, unreadable codes, or irregularities within particular
documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion,
act of God, accident, fire, water damage, explosion, mechanical breakdown, terrorist
acts or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of service;
- strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, exchange rulings, court or tribunal orders
or other human intervention; or
- any other cause (whether similar or dissimilar to any of the foregoing) whatsoever
beyond the control of Premier Vault.
If your access to this website or your storage vault is unavailable, delayed or
limited, or if this website or our products and services do not operate quickly
and efficiently, you may be unable to transmit your instructions for transactions
and other matters, or such instructions may not be promptly executed or you may
be unable to retrieve information on a timely basis. If your operations are dependent
on such communications with Premier Vault, and such communications are disrupted or delayed,
you may suffer losses for which Premier Vault is not liable to you.
DISCLAIMER
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS,
EXCEPT AS EXPRESSLY STATED HEREIN BETWEEN YOU AND PREMIER VAULT, ALL CONTENT, SERVICES,
PRODUCTS AND SOFTWARE OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS", ‘WITH ALL FAULTS”,
“AS AVAILABLE BASIS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED. PREMIER VAULT AND ITS VENDORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ARE FREE OF
VIRUSES OR OTHER HARMFUL CODE. THE PREMIER VAULT PRODUCTS AND SERVICES ARE NOT GUARANTEED
TO MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS NOR THAT THEY ARE ERROR FREE OR ERRORS
CAN BE CORRECTED OR THAT SERVICE WILL BE ACESSIBLE FROM ALL LOCATIONS OR AT ALL
TIMES OF THEIR CHOOSING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM PREMIER VAULT OR THROUGH PREMIER VAULT'S PRODUCTS OR SERVICES SHALL CREATE ANY WARRANTY,
TERM, CONDITION OR REPRESENTATION, UNLESS IT IS EXPRESSLY MADE HEREIN.
PREMIER VAULT AND ITS VENDORS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY
IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY
BETWEEN THIS WEBSITE AND YOUR BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, OR ANY
OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND PREMIER VAULT AND ITS VENDORS AND
SUPPLIERS CONTROL. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING PREMIER VAULT'S
RESPONSIBILITIES AND OBLIGATIONS TO YOU IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE CONTENTS AND DATA IN YOUR
VAULT. PREMIER VAULT DOES NOT GUARANTEE THAT ITS PRODUCTS OR SERVICES SHALL MEET YOUR
REQUIRMENTS OR EXPECTATIONS AND YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
DATA DOWNLOADED, UPLOADED OR OTHERWISE THROUGH THE USE OF PREMIER VAULT'S SERVICES IS
DONE AT YOUR OWN DISCRETION. TO THE EXTENT APPLICABLE JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, TERMS, CONDITIONS OR REPRESENTATIONS, SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. PREMIER VAULT IS NOT RESPONSIBLE FOR AND
SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY
YOU FROM A THIRD PARTY. EXCEPT AS SET FORTH HEREIN THERE ARE NO INTENDED THIRD PARTY
BENEFICAIRIES.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PREMIER VAULT BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY
OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES
ARISING OUT, RESULTING FROM OR IN CONNECTION WITH OF ANY USE OF OR INABILITY TO
USE THIS WEBSITE OR VAULT REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING
ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IF YOU INITIATE ANY CLAIM, ACTION, SUIT,
ARBITRATION, OR OTHER PROCEEDING RELATING TO SERVICES PROVIDED UNDER THIS AGREEMENT,
AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, PREMIER VAULT'S TOTAL LIABILITY FOR DAMAGES
SUSTAINED BY YOU AND ANY THIRD PARTY FOR ANY AND ALL USE OR RELIANCE ON A SPECIFIC
PRODUCT OR SERVICE SHALL BE LIMITED, IN THE AGGREGATE, TO A MAXIMUM OF ONE THOUSAND
DOLLARS ($1,000.00) UNITED STATES OF AMERICA DOLLARS. CERTAIN STATE LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IN SUCH STATES OR JURISDICITIONS THE LIMITATIONS SHALL BE LIMITED AS REQUIRED
BY LAW.
INDEMNITY
You agree to defend, indemnify, and hold harmless Premier Vault, its officers, directors,
employees, attorneys, and agents ("Indemnitees") against all claims, expenses, liabilities,
losses, costs, and damages, including all reasonable professional fees, that the
Indemnitees may incur (i) in connection with your use of our products or services,
this website or any hyperlinked website or (ii) resulting from information or content
you supply or any actions taken by you. Premier Vault reserves the right, at its own expense
and in its sole discretion, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you. In that event, and only in such event,
shall you have no further obligation to provide indemnification for Premier Vault in that
matter.
APPLICABLE LAWS
All matters relating to your access to and use of this website and our products
and services shall be governed by United States of America federal law or the laws
of the State of Colorado without regard to its conflict of law principles. Any legal
action or proceeding relating to your access to or use of this website must be instituted
in a state or federal court in the State of Colorado and you consent to this exclusive
jurisdiction. If there is a determination that any provision of these Terms of Use
is invalid or unenforceable, that determination shall not affect the balance of
the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent
necessary to make them valid and enforceable. You acknowledge and agree that the
Premier Vault product and services, and any accompanying documentation and/or technical
information, is subject to applicable export control laws and regulations of the
USA and any other terms, conditions and restrictions provided by other Premier Vault vendor
or suppliers. You agree not to export or re-export the same, directly or indirectly,
to any countries that are subject to USA export restrictions. These Terms of Use
survive any termination of your use of any product or service.
Contact Information
If you have any questions regarding these Terms of Use, please contact us at
www.premiervault.net.