TERMS & CONDITIONS OF USES
LAST UPDATED: November 10, 2020
Please read the following Terms & Conditions carefully because they affect your legal rights. Notably, these Terms & Conditions contain an arbitration agreement that requires the use of arbitration on an individual basis to resolve disputes rather than jury or any other court proceedings, or class actions of any kind. You will find the arbitration agreement set forth in the “Arbitration Agreement” section below.
To be perfectly clear, 2nd Vault, a Florida L.L.C. is not a substitute for a certified public accountant (CPA), accountant, accounting firm, attorney, law firm, financial institution, financial advisor/planner, executor, personal representative, or a fiduciary. If you have any questions about any financial advice, you must seek the advice of an attorney, CPA, or a financial advisor/planner, executor, personal representative, or a fiduciary.
These terms and conditions of use are entered into between You and 2nd Vault (“2nd Vault,” “we,” “our” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference collectively, (“Terms and Conditions” or “Terms”), govern your access to and use of 2nd Vault, including any content, functionality, and services offered on or through www.2ndvault.com, including mobile applications (collectively, the “site”).
In these terms, the words “You” “User,” and “Your” refers to only one individual who is deemed the register user of the account. For example, an account under the name “Jack Smith,” only belongs to Jack Smith—no one else. The one exception to this rule is the user designated “Confidant.” A Confidant is one individual that you choose to obtain access to your account at any time, or in your unplanned absence, or on the terms that you specify when establishing an account with 2nd Vault. Upon establishing an account with 2nd Vault, the User and the Confidant will be provided with a Confidant Code. The Confidant Code is a alphanumeric code that is automatically generated. The Confidant Code is used to initiate the retrieval process, which is the process of providing access to your account to your Confidant. The Confidant may select Basic or Full access to your account.
In order for your Confidant to retrieve your account information, your Confidant must complete and submit a retrieval form with the confidant code. Once the application is submitted an email and an SMS notification will be emailed to the user’s registered email address and phone number.
Basic access will be granted immediately after verification of the Confidant code is confirmed. Basic access includes, but is not limited to the following documents and information: medical providers, dental providers, medication(s); funeral and burial information; do not resuscitate (“DNR”); durable power of attorney; and organ donor summary. Full access includes unlimited and full access to the User’s account. In order to obtain full access to the user’s account, there is a 14 day waiting period once the confidant’s credentials are submitted in full.
The site provides an interactive way for users to store your unique and identifying information to provide it to your Confidant at any time, or in your unplanned absence, or on the terms that you specify when establishing an account with 2nd Vault (“interactive service” or “service” or “services” or “the service”).
Security and Password
You are solely responsible for maintaining the confidentiality of your username, password, and account. In addition, but not by way of limitation you are solely responsible for any and all statements made and/or any acts or omissions that occur through the use of your username, password, and account, and charges incurred. Therefore, you must take steps to ensure to protect the integrity of your account by not providing others with access to your username, password, or account. PLEASE REMEMBER, WE WILL NEVER ASK YOU FOR YOUR PASSWORD OR YOUR CONFIDANT CODE. IF YOUR CONFIDANT’S CODE IS LOST, MISPLACED, STOLEN, OR DELETED, MY MACRO MEMOIR™ WILL NOT PROVIDE YOUR CONFIDANT WITH A NEW CONFIDANT CODE, AND YOUR CONFIDANT WILL NO LONGER HAVE ACCESS TO YOUR ACCOUNT.
We will never have access to the User’s account. Only the User, and his or her Confidant can access the User’s account. Your Confidant can only gain access through the use of his or her Confidant Code. We will provide the Confidant code to the User and the Confidant upon the completion of the User’s registration. AGAIN, ONLY THE USER CAN OBTAIN A NEW CONFIDANT CODE IF HE OR SHE LOSES IT. HOWEVER, IF THE CONFIDANT LOSES THE CONFIDANT CODE, WE WILL NOT PROVIDE THE CONFIDANT WITH A NEW CODE AND YOUR CONFIDANT WILL NOT BE ABLE TO ACCESS THE YOUR ACCOUNT. THIS IS TO PROTECT THE SECURITY OF THE USER AND US.
We understand you may have an, agent, lawyer, law firm, personal certified public accountant, accountant, accounting firm, representative, executor, trustee, power of attorney, financial advisor, financial planner, or fiduciary to represent your interests (collectively “third parties”).
If you elect to provide your user information, password, access to your account, or your Confidant Code to a third party, please understand, you assume all responsibility for doing so, and you do so at your own peril. Additionally, any third party that you provide your username, password, Confidant Code, and access to your account, the third party is hereby legally bound to the terms as outlined herein, including the arbitration agreement. Before any third party gains access to the service, you agree to notify the third party of the terms, and they must read the terms before gaining access to the service. Finally, you agree to notify us immediately if you provide your username, password, account information to any third party, regardless if you did so intentionally or unintentionally. This means, if you discover that ANYONE, including a person or entity obtained access to your account by fraud, trickery, deceit, or hacking, you must notify us immediately. If you fail to notify us immediately, your account may be terminated without notice. YOU DO NOT NEED TO PROVIDE US YOUR CONFIDANT CODE OR ANY PERSONAL INFORMATION ASSOCIATED WITH YOUR ACCOUNT THAT YOU MAY HAVE UPLOADED OR DOWNLOADED FROM OUR SITE, BUT YOU MUST NOTIFY US THAT YOU PROVIDED A THIRD PARTY WITH YOUR CONFIDANT CODE.
To help protect your security, you may write, “Not for Official Use” on any copies of any documents that you choose to upload to this site. Additionally, you may redact out information on any copies of any documents that are not essential to you in any documents.
This site is offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. If you are under 18 years of age, you may not, under any circumstances or for any reason use the site. By using this site, you represent and warrant that you are 18 years of age or older, and agree to form a binding contract with 2nd Vault, and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the site.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the site thereafter. However, any changes to the dispute resolution provisions set out in the United States District Court in the Southern District of Florida and Seventeenth Judicial Circuit in Broward County, Florida, will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the site.
Your continued use of the site following the posting of revised Terms means that you accept and agree to the changes. You agree to check this page each time you access this site so you are aware of any changes, as they are binding on you.
Accessing the site
We reserve the right to withdraw or amend this site, and any service or material we provide on the site, in our sole discretion without notice. You acknowledge and agree that your use of our services or our site are at your own risk, including, but not limited to, your inability to access the site for any reason. We will not be liable if for any reason all or any part of the site is unavailable at any time or for any period. From time to time, we may, and in our sole discretion, restrict access to some parts of the site, or the entire site, to users, including registered users and Confidants.
You are responsible for both:
Making all arrangements necessary for you to have access to the site.
Ensuring that all persons or anyone or third parties who access the site through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person, third party, or entity. You agree to notify us immediately of any unauthorized access to or use of your user name, password, Confidant Code, or any known or suspected breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
User Contributions and Responsibility
The site contains web pages personal to you, your profile, forms, questions, questionnaires, and other interactive features through the Interactive Services that allow a User to answer, submit, publish, upload, display, or transmit content or materials (collectively, “User Contributions”) on or through the site. All User Contributions must comply with the terms of the site.
Your User Contributions are considered non-confidential, and there is no attorney-client relationship between us and you, or agent, lawyer, law firm, personal certified public accountant, accountant, accounting firm, representative, executor, trustee, power of attorney, financial advisor, financial planner, or fiduciary, or frankly anyone affiliated with you, retained, paid, or working pro-bono (for free) with you.
2nd Vault is not responsible or liable for the security, safety, validity and legality of your User Contributions. Before answering any questions on the site, signing any documents, or uploading of any documents, data or information, please understand that you or your representatives, including, but not limited to, an agent, lawyer, law firm, personal certified public accountant, accountant, accounting firm, representative, executor, trustee, power of attorney, financial advisor, financial planner, or fiduciary are fully responsible for any and all documents, or uploading of any documents, data or information you upload to the site, and any other information you provide to us or on the site associated with the service.
IF FOR ANY REASON YOU ARE NOT COMFORTABLE WITH THESE TERMS, PLEASE REFRAIN FROM USING MY MACRO MEMOIR™.
You represent and warrant that:
You own or control all rights in the information you upload to the site, or your User Contributions, and grant us the right to store your User Contributions, and if warranted, grant us authority to store your User Contributions with any potential successors and assigns.
All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions completed by you or anyone else on your behalf (or a third party) of the site.
You authorize 2nd Vault to charge you a recurring annual charge to your credit card or debit card for our services. The recurring charge will be at the rate that is chosen at the time of sign-up. You also agree that your annual service fee is automatic and paid one full-year in advance.2nd Vault reserves the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you. We may receive updated credit card information from our merchants from time to time in cases where your account is issued a new card number or your credit card expires.
However, you agree to notify us, and you agree to manually update your credit card or debit card when changes occur. Obviously, we need a credit card stored within your account if you wish to continue to conduct business with us. If we attempt to charge your credit card or debit card, and we are unsuccessful, you will be notified via email. If you fail to provide us with billing information associated with your account, or in case of non-action by you, the account may be cancelled, in our sole discretion with or without reason or notice to you. We may delay cancelling your account related to non-payment for the services and provide a grace period of up to sixty (60) days from the due date to allow for you to pay your charges in full. If the account is cancelled for any reason, any and all user data stored will be removed from our servers, and thereafter will become non-retrievable. To be perfectly clear, everything you may have uploaded, stored, and saved will not be accessible. This is to protect you and us.
Free or Trial Accounts
2nd Vault reserves the right to terminate any free or trial accounts at any time, with or without notice. Without limiting the foregoing, if you have a free or trial account that is unpaid ($75 annual fee) after thirty (30) days, then we reserve the right to terminate the free or trial account without providing additional notice. Consequently, any documents, papers, or data entered inputted into your free or trial account (see User Contributions) will be suspended and purged.
Use of IP Addresses
Intellectual Property Rights
The site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the 2nd Vault, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are permitted to use any and all content, features and functionality of the site for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our site, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, and you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site or copy any material from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download, or otherwise use or provide any other person (or third party) with access to any part of the site in breach of the Terms, your right to use the site will immediately terminate and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the site or any content on the site is transferred to you, and all rights not expressly granted are reserved by 2nd Vault. Any use of the site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
2nd Vault, the terms 2nd Vault, and all related names, logos, product and service names, designs, and slogans are trademarks of 2nd Vault or its affiliates or licensors. The use of any such proprietary marks are strictly prohibited. You must not use such marks without the prior written permission of 2nd Vault. All other names, logos, product and service names, designs, and slogans on this site are the trademarks of their respective owners.
You may use the site only for lawful purposes and in accordance with these Terms. You agree not to use the site:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the terms.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate 2nd Vault, 2nd Vault employees, another user, or any other person or entity including, without limitation, by using email addresses associated with any of the foregoing.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the site, or which, as determined by us, may harm 2nd Vault or its users of the site, or expose them to liability.
Additionally, you agree not to:
Use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site, including their ability to engage in real time activities through the site.
Use any robot, spider, or other automatic device, process, or means to access the site for any purpose, including monitoring or copying any of the material on the site.
Use any device, software, or routine that interferes with the proper working of the site.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the site, the server on which the site is stored, or any server, computer, or database connected to the site.
Attack the site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the site.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including anything that infringes on any intellectual property right or other right of any person or entity, threatens the personal safety of users of the site or the public, or could create liability for us.
Disclose your identity or other information about you to any third party who claims that user contributions by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the site.
Terminate or suspend your access to all or part of the site for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting or uploading any materials on or through the site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MY MACRO MEMOIR™ DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER MY MACRO MEMOIR™ OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review any material before it is posted or uploaded on the site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Digital Millennium Copyright Act
2nd Vault will respond to notices of alleged copyright infringement pursuant to the requirements of the Digital Millennium Copyright Act (“DMCA”). If You believe that any content on this site infringes your copyrights, You may request removal of such content by providing written notice to 2nd Vault Designated DMCA Agent at:
3296 North Federal Highway #11331
Fort Lauderdale, FL
or by email at firstname.lastname@example.org
This address and email address should only be used to report allegations of copyright infringement. Contact information for other matters is provided elsewhere on this site.
Your notice must satisfy the requirements of the DMCA and include the following information:
Your name, mailing address, and email address;
A statement identifying the copyrighted material You claim is infringed, such as a URL linking to an authorized version of the copyrighted material;
A statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly infringing material; A statement that You have a good faith belief that the allegedly infringing material identified in paragraph 2, above, is not authorized by the copyright owner, its agent, or the law;
A statement, made under penalty of perjury, that the information in this notice is accurate and that You are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and
An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2nd Vault reserves the right to disregard a notice that is unclear or otherwise fails to comply with the DMCA. In the event that 2nd Vault determines that a DMCA notice lacks validity, 2nd Vault may refuse to remove the complained of content at its discretion. Election by The 2nd Vault to either remove or leave the complained of content does not constitute a legal decision about the validity of your claim of infringement or the possible defenses to a claim.
Reliance on Information Posted
The information presented on or through the site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you, or any third party place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the site, or by anyone who may be informed of any of its contents.
This site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of us. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information About You and Your Visits to the site
Linking to the site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the site other than the homepage.
Otherwise take any action with respect to the materials on this site that is inconsistent with any other provision of these Terms.
The site from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
The owner of this site is based in the State of Florida in the United States. We provide this site for use only by persons located in the United States. We make no claims that the site or any of its content is accessible or appropriate outside of the United States. Access to the site may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so on your own initiative and are responsible for compliance with the local laws from where you access.
Disclaimer of Warranties
You understand that MY MACRO MEMOIR™ cannot and does not guarantee or warrant to be fit for a particular purpose that the site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers, foreign entities, or denial of service attacks), or otherwise meet your expectations. Additionally, we cannot and do not guarantee or warrant any and all files available for downloading from the internet or the site will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures, safeguards, and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT US OR YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, USER CONTRIBUTIONS, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING/UPLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE AND ALL INFORMATION, ITS CONTENT, MATERIALS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED BY MY MACRO MEMOIR™ ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER MY MACRO MEMOIR™ NOR ANY PERSON ASSOCIATED WITH MY MACRO MEMOIR™ MAKES ANY WARRANTY OR REPRESENTATION EITHER ACUTAL OR IMPLIED WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.
WITHOUT LIMITING THE FOREGOING, NEITHER MY MACRO MEMOIR™ NOR ANYONE ASSOCIATED WITH MY MACRO MEMOIR™ REPRESENTS OR WARRANTS EITHER ACTUAL OR BY IMPLICATION THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT EMAILS SENT FROM MY MACRO MEMOIR™ ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE AND ABSOLUTE RISK.
TO THE FULLEST EXTENT PROVIDED BY LAW, MY MACRO MEMOIR™ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WITH RESPECT TO THE SITE AND THE SITE CONTENTS WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MY MACRO MEMOIR™, ITS AFFILIATES, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT INCLUDES ALL LOSSES AND DAMAGES OF ANY KIND, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND MY MACRO MEMOIR™. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MY MACRO MEMOIR™. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
As a condition of the use of the site, you agree to defend, indemnify, and hold harmless MY MACRO MEMOIR™, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees, and costs at all levels of any proceedings) arising out of or relating to your or any person or entity’s violation of these Terms or your use of the site, including, but not limited to, your User Contributions, any use of the site’s content, and services, other than as expressly authorized in these Terms, or your use of any information obtained from the site.
If arbitration is sought you must first send a written notice (“Notice”), by certified mail to 2nd Vault, 3296 North Federal Highway #11331, Fort Lauderdale, Florida 33339. If 2nd Vault intends to seek arbitration, 2nd Vault will send a Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the American Arbitration Association (“AAA”) site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail, by certified mail, a copy of the completed form to the opposing party. You may send such copy to 2nd Vault at 3296 North Federal Highway #11331, Fort Lauderdale, Florida 33339, and 2nd Vault will send such copy to the current billing address on your account or to your attorney, if you have retained one.
Each party is responsible for their own costs, filing fees, and attorney fees associated with arbitration.
Location & Procedure
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless 2nd Vault and you agree otherwise, any arbitration hearings will take place by video or telephone conference. Any claim for $1,000 or less will be conducted solely on the basis of the documents submitted to the arbitrator, through a telephonic hearing.
The arbitration will be held by a single arbitrator and in Fort Lauderdale, Florida, USA.
The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Each party is to pay their own fees and costs for the Arbitration.
Choice of Law, Forum Selection, & Jury Waiver
Except as set forth in the Arbitration Agreement section above, all matters relating to your access to or use of the site and all matters arising out of or related to these Terms, will be governed by the applicable laws of the state of Florida except for its conflicts of laws principles. United States of America and the laws of the State of Florida, without regard to Florida’s choice of law principles. Unless you and 2nd Vault agree otherwise, in the event that it is determined or these Terms provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the Southern District of Florida, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Florida for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Florida located in Broward County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and 2nd Vault both waive your right to a jury trial.
The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the Federal Arbitration Act shall apply to any such disputes.
Limitation on Time to File Claims
Waiver and Severability
No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.