Last modified: July 1, 2009
By using the internet services, software, products or web sites ("goods") provided by Critical Digital Data, Inc. (“HomeDataGuard”), you agree to be bound by the following Terms and Conditions. We reserve the rights to update these Terms in the future and we will notify you of what changed when we update so. You have the right to withdraw from this agreement and cancel your account if you cannot abide by such updates. You may always find the most current version of this agreement at http://www.HomeDataGuard.com/terms-conditions. If you do not agree with these Terms and Conditions, do not select "I agree" and refrain from using HomeDataGuard services. You must accept these terms as presented to you. Changes, deletions and any modifications from you are not acceptable and HomeDataGuard reserves the right to refuse access to HomeDataGuard services if HomeDataGuard finds you non-compliant with any part of this agreement.
Use of Goods and Services
HomeDataGuard and its affiliated companies and subsidiaries offer their goods to you, provided that you:
- are of legal age, and
- can enter into binding contracts, and
- are not barred from using such services under the laws of the United States or other applicable jurisdictions.
Description of Services
HomeDataGuard Online File Cabinet
Subject to HomeDataGuard’s acceptance of Your registration and Your compliance with the terms and conditions of this Agreement, HomeDataGuard will provide You with the following service: (a) HomeDataGuard will establish one (1) HomeDataGuard Online File Cabinet account per email address on the HomeDataGuard servers (the "Account"); (b) HomeDataGuard will allow United States and Canadian citizens, residing in the United States or Canada to store up to four (4) Gigabytes (“GB”) of data in your Account on a free basis for a conditional period of time (one month for all new accounts, unless otherwise stated in your Gift Certificates/Subcriptions from which you would need to enter your Promotional/Coupon code), after which you will be charged at our published rates; (c) the HomeDataGuard Online File Cabinet will provide a minimum of 4GB of storage space per Account, and will expand, automatically, based upon Your storage capacity requirements as needed, for which you will be charged at our published rates; (d) HomeDataGuard will allow You to retrieve data files from Your Account. In Your use of the Service, you are responsible for providing the following: (i) all equipment, such as a computer and modem, necessary to access the World Wide Web; (ii) Your own access to the World Wide Web; and (iii) payment of all telephone or other fees associated with such access. Please note HomeDataGuard provides an extensive range of services. It is possible that one or more of these services may not be available at certain times. Please see the “Pricing” page to get current status on the availability of services.
It is strongly recommended by HomeDataGuard that You have your own copies of the data which You store in your HomeDataGuard Online File Cabinet. You agree to make, maintain and protect current backups of any data stored at HomeDataGuard.
HomeDataGuard House Visits
At your request and order, subject to HomeDataGuard’s acceptance of Your order and Your compliance with the terms and conditions of this Agreement, HomeDataGuard will provide You with the following service: (a) HomeDataGuard will refer you to a professional independent HomeDataPro® who will contact you to schedule the performance of the ordered professional services, which services may include but not be limited to: (1) scanning of text-based and/or paper-based documents, at your home or at a mutually agreed upon location; (2) the filming of digital home inventory videos and/or taking digital photos of rooms in your home and/or their contents that you will select and mutually agree upon; (3) assisting you in setting up and using your HomeDataGuard File Cabinet. You agree to execute a separate agreement with the HomeDataPro, which will contain privacy and confidentiality rights, at the time of your scheduled meeting with a HomeDataPro.
You understand that, unless otherwise notified, a HomeDataPro® is an Independent Contractor of HomeDataGuard who has undergone specialized training in the services provided by HomeDataGuard. For more information see www.HomeDataGuard.com/homedatapros. A HomeDataPro is not the employee, agent, joint venturer, or partner of Critical Digital Data, Inc for any purpose whatsoever. Critical Digital Data, Inc does not have the right to control or direct the manner or prescribe the method by which a HomeDataPro solicits and produces customers or accomplishes the services contracted for and performed by the HomeDataPro. The HomeDataPro is entirely and solely responsible for the HomeDataPro’s acts while engaged in the performance of HomeDataPro services. Each HomeDataPro will adhere to the same pricing schedule as published on the related HomeDataGuard.com “Pricing” pages.
Conditions of Use
You are solely responsible for the content of all data You store or retrieve from, or attempt to store or retrieve from, Your Account and for all transmissions by You from and to Your Account. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You will: (a) not use the Service for any illegal purposes; (b) not use the Service to store, retrieve, transmit or view any file, data, image or program that contains: (i) any illegal pictures, materials or information; (ii) any harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature; (iii) 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; (iv) any code or material that violates the intellectual property rights of others; (v) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features; (c) comply with United States and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through the Service; (d) not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which You access and use the Service; (e) comply with all regulations, policies and procedures of networks through which You access and use the Service; and (f) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account.(g) not use sharing features in a way that amounts to "publishing" and restrict the use of sharing features to share data between friends, colleagues and business partners, in a very limited sense. (h) not be use the service to sell digital content to others. HomeDataGuard is not a media for dissemination of digital content for commercial purposes. HomeDataGuard may use automated procedures to detect unacceptable level of usage and may immediately disable offending accounts, and the process of detection may vary from time to time, based on misuse detected. HomeDataGuard is NOT a service for storing and disseminating large amounts of data to large number of recipients. It is an Online Storage and Backup service for critical records and documents. HomeDataGuard is not responsible for any business or lifestyle interruptions that may be caused due to this process.
Any link(s) provided through a web site or a mass email to download/upload files stored at HomeDataGuard Accounts is completely unacceptable and would be considered as violation of the terms contained herein.
Registration Information/Credit Card Charges/Storage Expandability
You will promptly notify HomeDataGuard of any change in the information You provide on Your registration form during Your registration for the Service (including, without limitation, any change in Your email address, mailing address or telephone number). The registration information provided by You on Your registration form during Your registration for the Service, together with any and all updates provided by You from time to time under this paragraph, is referred to in this Agreement as the "Registration Information." HomeDataGuard’s policy regarding the privacy and use of the Registration Information is set forth in HomeDataGuard's privacy policy, as the same may be modified and amended by HomeDataGuard from time to time (the "Privacy Policy"), and the terms and conditions herein as they are modified from time to time. When You accept this Agreement, You acknowledge that You also agree to the terms of the Privacy Policy.
When you register for a HomeDataGuard Online File Cabinet Account, You authorize a recurring monthly or annual charge to your credit card in exchange for use of the HomrDataGuard service as indicated by published standard plans or a customized quote provided for your specific use. You also agree that the enrollment for the next service period is automatic. Please note that because we offer a free month in which You can try the service, we do not offer any refunds on paid services.
When Your Account exceeds the initial 4GB of storage space that is included in the annual or monthly base plan, You will be billed monthly based on each additional Gigabyte You use starting the first day of the subsequent billing period. (see “Pricing” page for current pricing information)
Privacy and Security
Please check here http://www.HomeDataGuard.com/privacy and http://www.HomeDataGuard.com/security for HomeDataGuard policy that covers information on privacy and security.
Identity and Confidentiality
HomeDataGuard Online File Cabinet
In order to use HomeDataGuard Online File Cabinet services, you will be required to provide accurate and current identification and/or mailing addresses as part of the account enrollment process and continued use of HomeDataGuard services.
You are responsible for maintaining the privacy of your account login details and are responsible for all the actions under your account.
You agree to notify HomeDataGuard immediately if you are aware of any unauthorized use of your account and breach of security. HomeDataGuard will not be responsible for any loss or damages if you fail to maintain the confidentiality of your account or provide us with accurate notification of such unauthorized use.
HomeDataPro House Visit Services
You agree to execute a separate agreement with your assigned HomeDataPro which will contact similar privacy and confidentiality rights, at the time of your scheduled meeting with a HomeDataPro.
Rights
HomeDataGuard assumes that you have the fair rights of use or ownership for all the documents and files mailed or uploaded by you.
Account and Password
You are solely responsible for any consequences arising out of Your failure to maintain the confidentiality of Your Password. You will notify HomeDataGuard of any unauthorized use or other breach in security of Your Account immediately after You learn of the same.
HOMEDATAGUARD SHALL NOT BE RESPONSIBLE FOR THE MAINTENENACE, STORAGE AND RETRIEVAL OF YOUR PASSWORD OR ANY LOSS ASSOCIATED WITH LOSS OF PASSWORD BY USER. IF YOU LOSE OR NEED TO CHANGE YOUR PASSWORD YOU MUST DO SO YOURSELF ON WWW.HOMEDATAGUARD.COM ON THE USER LOGIN PAGE. HOMEDATAGUARD DOES NOT MAINTAIN A COPY OF YOUR PASSWORD AND CAN NOT RECOVER IT FOR YOU, OR YOUR STORED DATA IF YOUR PASSWORD IS LOST.
Sharing
HomeDataGuard does not allow you to share your documents with others. If you do so, by providing others with your account username and password, (1) HomeDataGuard does not assume responsibility for any copyright violations arising from your sharing of those documents, and (2) HomeDataGuard is also not responsible if those users fail to protect the confidentiality of your information or use your information in any way that is detrimental to you.
Cancellation
You may cancel your HomeDataGuard Online File Cabinet account anytime by logging on to your account and following the instructions in “My Account”. Prior to canceling, we suggest that you download all the documents currently available in your account. It is your responsibility to download those documents prior to cancellation. Those documents will not be accessible to you after cancellation and HomeDataGuard does not assume responsibility if you fail to take the necessary steps to retain your documents.
License Grant
HomeDataGuard grants you a non- transferable, non-exclusive license to use the services offered, created, owned by HomeDataGuard and/or its sub-licensors solely for internal use by your business or for your own personal use. You may not copy, reverse engineer, translate, port, modify or make derivative works of the services. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the goods or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the services by reverse engineering, disassembly, decompilation or any other means. The goods are copyrighted and may not be copied, even if modified or merged with other goods. You shall not alter or remove any copyright notice or proprietary legend contained in or on the goods. You agree not to remove any proprietary rights notices of HomeDataGuard and/or its licensors from the services.
Reservation of Rights
HomeDataGuard reserves any rights not expressly granted herein.
Restrictions
The services do not include the design or layout of the web pages generated by this server. Elements of these web pages are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of the web pages generated by this server may be copied or retransmitted unless expressly permitted by Critical Digital Data, Inc.
Ownership: HomeDataGuard MaterialThe services are copyrighted and may not be copied, reproduced, modified, published, uploaded, posted, or distributed in any way, without HomeDataGuard's prior written consent. Except as expressly provided herein, HomeDataGuard does not grant any express or implied right to you under any copyrights, trademarks, patents or trade secret information.
Ownership: Your Material
Any documents /files you uploaded to your HomeDataGuard Online File Cabinet belong to you and you are deemed responsible for any actions you take on them.
Gift Certificates/Subscriptions
Gift Certificates and Gift Subscriptions are non-refundable and are limited to one per account. There are no refunds or other credits for unredeemed Gift Subscriptions. Recipient will not be charged monthly membership fees during the Gift Subscription period for the HomeDataGuard plan selected at the time of redemption. A valid payment method is required to redeem the membership and Recipient authorizes HomeDataGuard to charge any outstanding balances, as provided in the HomeDataGuard Terms of Use. At the end of the Gift Subscription period, Recipient authorizes HomeDataGuard to automatically renew the membership and bill Recipient’s payment method monthly for subscription fees and applicable tax unless Recipient cancels prior to the end of the Gift Subscription period. Although the membership is cancelable at anytime, there is no refund or credit for partially used periods. Recipient can click on the "Account" link for cancellation instructions. The Gift Subscription is redeemable for a consecutive-month membership of the HomeDataGuard plan selected at the time of redemption, and cannot be redeemed or used in any other manner. HomeDataGuard is not responsible for lost or stolen Gift Subscriptions, except as required by law. Gift Subscriptions are valid in the 50 United States and its territories and possessions only. Gift Subscriptions are not redeemable or refundable for cash, cannot be resold and cannot be combined with any other special or free offers, including other Gift Subscriptions and Gift Cards. Gift Subscriptions and their use are subject to the HomeDataGuard Terms of Use.
Security of Stored Data and Files
It is not possible to access the data inside Your account without your private password.
HomeDataGuard will endeavor to restrict access to the data and files You store or retrieve data from Your Account through use of Your Account or Password. However, it may be necessary for HomeDataGuard to access Your account for support requirements or to comply with a request from law enforcement. It may also be necessary to access Your account to verify that the account is not being misused, especially with respect to digital copyright laws and resource misuse checks including bandwidth.
Content of Stored Data and Files
You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by You on HomeDataGuard's servers and (b) ensuring that such content does not include any of the items prohibited herein. Because of the strong encryption used, HomeDataGuard does not review, inspect, edit or monitor any content, data or files stored by You or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. See above paragraph “Security of Stored Data and Files.” HomeDataGuard reserves the right to refuse, remove or disable access to any data or files stored on HomeDataGuard's servers with immediate effect that HomeDataGuard learns may be illegal, may violate the terms of this agreement, may violate the rights of any third party or otherwise may be reasonably objectionable.
It is strongly recommended by HomeDataGuard that You have your own copies of the data which You store in your HomeDataGuard Online File Cabinet. You agree to make, maintain and protect current backups of any data stored at HomeDataGuard.
Advertisements
HomeDataGuard does not assume the responsibility of enforcing licensing requirements, or of checking for licenses, with respect to licensed professions or trades, prior to publishing advertisements.
Trademarks
Products and services referenced herein are protected by either trademarks or registered trademarks of Critical Digital Data, Inc. (HomeDataGuard). Other product and company names mentioned herein may be protected by the trademarks of their respective owners.
Links to Third Party Sites
There may be links on HomeDataGuard.com which will let you leave HomeDataGuard's site. The linked sites are not under the control of HomeDataGuard and HomeDataGuard is not responsible for the contents of any linked site or any link contained in a linked site. HomeDataGuard is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeDataGuard of the site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. KEEPYOUSAFE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, MEMBERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- HOMEDATAGUARD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, MEMBERS, PARTNERS AND LICENSORS MAKE A BEST EFFORT TO PROVIDE YOU WITH THE HIGHEST QUALITY SERVICE POSSIBLE, BUT OFFER NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, VIRUS-FREE, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (vi) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED OR EXPOSED; (vii) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED OR EXPOSED; (viii) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURS OR A THIRD PARTIES COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA; OR (ix) GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH COMPANY’S SITE OR ADVERTISED THROUGH COMPANY’S SITE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURS OR A THIRD PARTIES COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL OF DATA FILES THROUGH THE INTERNET IS SUBJECT TO A VARIETY OF CONDITIONS THAT MAKE SUCH TRANSMISSION, STORAGE AND VIEWING POTENTIALLY UNRELIABLE AND INSECURE. YOU SHOULD MAKE YOURSELF AWARE OF THESE RISKS PRIOR TO USING THE SERVICE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOMEDATAGUARD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOMEDATAGUARD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, MEMBERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (EVEN IF HOMEDATAGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR A THIRD PARTY VIS THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY OTHER MATTER RELATING TO THE SERVICE; (vi) ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS/LIFESTYLE INTERRUPTION OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.
FURTHER, COMPANY WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.
- ***YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO COMPANY FOR ACCESS TO AND USE OF THE SITE OR SERVICE. *****
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- INDEMNIFICATION
You will defend, indemnify and hold HomeDataGuard, its parents, subsidiaries, affiliates, agents, officers, members, investors, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) Your use of Your Account and the Service, (b) any data files and content stored by You in Your Account and otherwise on the HomeDataGuard servers and © any violation of this Agreement by You.
Errors and Corrections
THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. HOMEDATAGUARDAND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME.
Final Agreement
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may only be modified by HomeDataGuard.
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Last modified: July 1, 2009
By using the internet services, software, products or web sites ("goods") provided by Critical Digital Data, Inc. (“HomeDataGuard”), you agree to be bound by the following Terms and Conditions. We reserve the rights to update these Terms in the future and we will notify you of what changed when we update so. You have the right to withdraw from this agreement and cancel your account if you cannot abide by such updates. You may always find the most current version of this agreement at http://www.HomeDataGuard.com/terms-conditions. If you do not agree with these Terms and Conditions, do not select "I agree" and refrain from using HomeDataGuard services. You must accept these terms as presented to you. Changes, deletions and any modifications from you are not acceptable and HomeDataGuard reserves the right to refuse access to HomeDataGuard services if HomeDataGuard finds you non-compliant with any part of this agreement.
Use of Goods and Services
HomeDataGuard and its affiliated companies and subsidiaries offer their goods to you, provided that you:
- are of legal age, and
- can enter into binding contracts, and
- are not barred from using such services under the laws of the United States or other applicable jurisdictions.
Description of Services
HomeDataGuard Online File Cabinet
Subject to HomeDataGuard’s acceptance of Your registration and Your compliance with the terms and conditions of this Agreement, HomeDataGuard will provide You with the following service: (a) HomeDataGuard will establish one (1) HomeDataGuard Online File Cabinet account per email address on the HomeDataGuard servers (the "Account"); (b) HomeDataGuard will allow United States and Canadian citizens, residing in the United States or Canada to store up to four (4) Gigabytes (“GB”) of data in your Account on a free basis for a conditional period of time (one month for all new accounts, unless otherwise stated in your Gift Certificates/Subcriptions from which you would need to enter your Promotional/Coupon code), after which you will be charged at our published rates; (c) the HomeDataGuard Online File Cabinet will provide a minimum of 4GB of storage space per Account, and will expand, automatically, based upon Your storage capacity requirements as needed, for which you will be charged at our published rates; (d) HomeDataGuard will allow You to retrieve data files from Your Account. In Your use of the Service, you are responsible for providing the following: (i) all equipment, such as a computer and modem, necessary to access the World Wide Web; (ii) Your own access to the World Wide Web; and (iii) payment of all telephone or other fees associated with such access. Please note HomeDataGuard provides an extensive range of services. It is possible that one or more of these services may not be available at certain times. Please see the “Pricing” page to get current status on the availability of services.
It is strongly recommended by HomeDataGuard that You have your own copies of the data which You store in your HomeDataGuard Online File Cabinet. You agree to make, maintain and protect current backups of any data stored at HomeDataGuard.
HomeDataGuard House Visits
At your request and order, subject to HomeDataGuard’s acceptance of Your order and Your compliance with the terms and conditions of this Agreement, HomeDataGuard will provide You with the following service: (a) HomeDataGuard will refer you to a professional independent HomeDataPro® who will contact you to schedule the performance of the ordered professional services, which services may include but not be limited to: (1) scanning of text-based and/or paper-based documents, at your home or at a mutually agreed upon location; (2) the filming of digital home inventory videos and/or taking digital photos of rooms in your home and/or their contents that you will select and mutually agree upon; (3) assisting you in setting up and using your HomeDataGuard File Cabinet. You agree to execute a separate agreement with the HomeDataPro, which will contain privacy and confidentiality rights, at the time of your scheduled meeting with a HomeDataPro.
You understand that, unless otherwise notified, a HomeDataPro® is an Independent Contractor of HomeDataGuard who has undergone specialized training in the services provided by HomeDataGuard. For more information see www.HomeDataGuard.com/homedatapros. A HomeDataPro is not the employee, agent, joint venturer, or partner of Critical Digital Data, Inc for any purpose whatsoever. Critical Digital Data, Inc does not have the right to control or direct the manner or prescribe the method by which a HomeDataPro solicits and produces customers or accomplishes the services contracted for and performed by the HomeDataPro. The HomeDataPro is entirely and solely responsible for the HomeDataPro’s acts while engaged in the performance of HomeDataPro services. Each HomeDataPro will adhere to the same pricing schedule as published on the related HomeDataGuard.com “Pricing” pages.
Conditions of Use
You are solely responsible for the content of all data You store or retrieve from, or attempt to store or retrieve from, Your Account and for all transmissions by You from and to Your Account. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You will: (a) not use the Service for any illegal purposes; (b) not use the Service to store, retrieve, transmit or view any file, data, image or program that contains: (i) any illegal pictures, materials or information; (ii) any harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature; (iii) 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; (iv) any code or material that violates the intellectual property rights of others; (v) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features; (c) comply with United States and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through the Service; (d) not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which You access and use the Service; (e) comply with all regulations, policies and procedures of networks through which You access and use the Service; and (f) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account.(g) not use sharing features in a way that amounts to "publishing" and restrict the use of sharing features to share data between friends, colleagues and business partners, in a very limited sense. (h) not be use the service to sell digital content to others. HomeDataGuard is not a media for dissemination of digital content for commercial purposes. HomeDataGuard may use automated procedures to detect unacceptable level of usage and may immediately disable offending accounts, and the process of detection may vary from time to time, based on misuse detected. HomeDataGuard is NOT a service for storing and disseminating large amounts of data to large number of recipients. It is an Online Storage and Backup service for critical records and documents. HomeDataGuard is not responsible for any business or lifestyle interruptions that may be caused due to this process.
Any link(s) provided through a web site or a mass email to download/upload files stored at HomeDataGuard Accounts is completely unacceptable and would be considered as violation of the terms contained herein.
Registration Information/Credit Card Charges/Storage Expandability
You will promptly notify HomeDataGuard of any change in the information You provide on Your registration form during Your registration for the Service (including, without limitation, any change in Your email address, mailing address or telephone number). The registration information provided by You on Your registration form during Your registration for the Service, together with any and all updates provided by You from time to time under this paragraph, is referred to in this Agreement as the "Registration Information." HomeDataGuard’s policy regarding the privacy and use of the Registration Information is set forth in HomeDataGuard's privacy policy, as the same may be modified and amended by HomeDataGuard from time to time (the "Privacy Policy"), and the terms and conditions herein as they are modified from time to time. When You accept this Agreement, You acknowledge that You also agree to the terms of the Privacy Policy.
When you register for a HomeDataGuard Online File Cabinet Account, You authorize a recurring monthly or annual charge to your credit card in exchange for use of the HomrDataGuard service as indicated by published standard plans or a customized quote provided for your specific use. You also agree that the enrollment for the next service period is automatic. Please note that because we offer a free month in which You can try the service, we do not offer any refunds on paid services.
When Your Account exceeds the initial 4GB of storage space that is included in the annual or monthly base plan, You will be billed monthly based on each additional Gigabyte You use starting the first day of the subsequent billing period. (see “Pricing” page for current pricing information)
Privacy and Security
Please check here http://www.HomeDataGuard.com/privacy and http://www.HomeDataGuard.com/security for HomeDataGuard policy that covers information on privacy and security.
Identity and Confidentiality
HomeDataGuard Online File Cabinet
In order to use HomeDataGuard Online File Cabinet services, you will be required to provide accurate and current identification and/or mailing addresses as part of the account enrollment process and continued use of HomeDataGuard services.
You are responsible for maintaining the privacy of your account login details and are responsible for all the actions under your account.
You agree to notify HomeDataGuard immediately if you are aware of any unauthorized use of your account and breach of security. HomeDataGuard will not be responsible for any loss or damages if you fail to maintain the confidentiality of your account or provide us with accurate notification of such unauthorized use.
HomeDataPro House Visit Services
You agree to execute a separate agreement with your assigned HomeDataPro which will contact similar privacy and confidentiality rights, at the time of your scheduled meeting with a HomeDataPro.
Rights
HomeDataGuard assumes that you have the fair rights of use or ownership for all the documents and files mailed or uploaded by you.
Account and Password
You are solely responsible for any consequences arising out of Your failure to maintain the confidentiality of Your Password. You will notify HomeDataGuard of any unauthorized use or other breach in security of Your Account immediately after You learn of the same.
HOMEDATAGUARD SHALL NOT BE RESPONSIBLE FOR THE MAINTENENACE, STORAGE AND RETRIEVAL OF YOUR PASSWORD OR ANY LOSS ASSOCIATED WITH LOSS OF PASSWORD BY USER. IF YOU LOSE OR NEED TO CHANGE YOUR PASSWORD YOU MUST DO SO YOURSELF ON WWW.HOMEDATAGUARD.COM ON THE USER LOGIN PAGE. HOMEDATAGUARD DOES NOT MAINTAIN A COPY OF YOUR PASSWORD AND CAN NOT RECOVER IT FOR YOU, OR YOUR STORED DATA IF YOUR PASSWORD IS LOST.
Sharing
HomeDataGuard does not allow you to share your documents with others. If you do so, by providing others with your account username and password, (1) HomeDataGuard does not assume responsibility for any copyright violations arising from your sharing of those documents, and (2) HomeDataGuard is also not responsible if those users fail to protect the confidentiality of your information or use your information in any way that is detrimental to you.
Cancellation
You may cancel your HomeDataGuard Online File Cabinet account anytime by logging on to your account and following the instructions in “My Account”. Prior to canceling, we suggest that you download all the documents currently available in your account. It is your responsibility to download those documents prior to cancellation. Those documents will not be accessible to you after cancellation and HomeDataGuard does not assume responsibility if you fail to take the necessary steps to retain your documents.
License Grant
HomeDataGuard grants you a non- transferable, non-exclusive license to use the services offered, created, owned by HomeDataGuard and/or its sub-licensors solely for internal use by your business or for your own personal use. You may not copy, reverse engineer, translate, port, modify or make derivative works of the services. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the goods or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the services by reverse engineering, disassembly, decompilation or any other means. The goods are copyrighted and may not be copied, even if modified or merged with other goods. You shall not alter or remove any copyright notice or proprietary legend contained in or on the goods. You agree not to remove any proprietary rights notices of HomeDataGuard and/or its licensors from the services.
Reservation of Rights
HomeDataGuard reserves any rights not expressly granted herein.
Restrictions
The services do not include the design or layout of the web pages generated by this server. Elements of these web pages are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of the web pages generated by this server may be copied or retransmitted unless expressly permitted by Critical Digital Data, Inc.
Ownership: HomeDataGuard MaterialThe services are copyrighted and may not be copied, reproduced, modified, published, uploaded, posted, or distributed in any way, without HomeDataGuard's prior written consent. Except as expressly provided herein, HomeDataGuard does not grant any express or implied right to you under any copyrights, trademarks, patents or trade secret information.
Ownership: Your Material
Any documents /files you uploaded to your HomeDataGuard Online File Cabinet belong to you and you are deemed responsible for any actions you take on them.
Gift Certificates/Subscriptions
Gift Certificates and Gift Subscriptions are non-refundable and are limited to one per account. There are no refunds or other credits for unredeemed Gift Subscriptions. Recipient will not be charged monthly membership fees during the Gift Subscription period for the HomeDataGuard plan selected at the time of redemption. A valid payment method is required to redeem the membership and Recipient authorizes HomeDataGuard to charge any outstanding balances, as provided in the HomeDataGuard Terms of Use. At the end of the Gift Subscription period, Recipient authorizes HomeDataGuard to automatically renew the membership and bill Recipient’s payment method monthly for subscription fees and applicable tax unless Recipient cancels prior to the end of the Gift Subscription period. Although the membership is cancelable at anytime, there is no refund or credit for partially used periods. Recipient can click on the "Account" link for cancellation instructions. The Gift Subscription is redeemable for a consecutive-month membership of the HomeDataGuard plan selected at the time of redemption, and cannot be redeemed or used in any other manner. HomeDataGuard is not responsible for lost or stolen Gift Subscriptions, except as required by law. Gift Subscriptions are valid in the 50 United States and its territories and possessions only. Gift Subscriptions are not redeemable or refundable for cash, cannot be resold and cannot be combined with any other special or free offers, including other Gift Subscriptions and Gift Cards. Gift Subscriptions and their use are subject to the HomeDataGuard Terms of Use.
Security of Stored Data and Files
It is not possible to access the data inside Your account without your private password.
HomeDataGuard will endeavor to restrict access to the data and files You store or retrieve data from Your Account through use of Your Account or Password. However, it may be necessary for HomeDataGuard to access Your account for support requirements or to comply with a request from law enforcement. It may also be necessary to access Your account to verify that the account is not being misused, especially with respect to digital copyright laws and resource misuse checks including bandwidth.
Content of Stored Data and Files
You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by You on HomeDataGuard's servers and (b) ensuring that such content does not include any of the items prohibited herein. Because of the strong encryption used, HomeDataGuard does not review, inspect, edit or monitor any content, data or files stored by You or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. See above paragraph “Security of Stored Data and Files.” HomeDataGuard reserves the right to refuse, remove or disable access to any data or files stored on HomeDataGuard's servers with immediate effect that HomeDataGuard learns may be illegal, may violate the terms of this agreement, may violate the rights of any third party or otherwise may be reasonably objectionable.
It is strongly recommended by HomeDataGuard that You have your own copies of the data which You store in your HomeDataGuard Online File Cabinet. You agree to make, maintain and protect current backups of any data stored at HomeDataGuard.
Advertisements
HomeDataGuard does not assume the responsibility of enforcing licensing requirements, or of checking for licenses, with respect to licensed professions or trades, prior to publishing advertisements.
Trademarks
Products and services referenced herein are protected by either trademarks or registered trademarks of Critical Digital Data, Inc. (HomeDataGuard). Other product and company names mentioned herein may be protected by the trademarks of their respective owners.
Links to Third Party Sites
There may be links on HomeDataGuard.com which will let you leave HomeDataGuard's site. The linked sites are not under the control of HomeDataGuard and HomeDataGuard is not responsible for the contents of any linked site or any link contained in a linked site. HomeDataGuard is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeDataGuard of the site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. KEEPYOUSAFE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, MEMBERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- HOMEDATAGUARD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, MEMBERS, PARTNERS AND LICENSORS MAKE A BEST EFFORT TO PROVIDE YOU WITH THE HIGHEST QUALITY SERVICE POSSIBLE, BUT OFFER NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, VIRUS-FREE, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (vi) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED OR EXPOSED; (vii) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED OR EXPOSED; (viii) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURS OR A THIRD PARTIES COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA; OR (ix) GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH COMPANY’S SITE OR ADVERTISED THROUGH COMPANY’S SITE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURS OR A THIRD PARTIES COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL OF DATA FILES THROUGH THE INTERNET IS SUBJECT TO A VARIETY OF CONDITIONS THAT MAKE SUCH TRANSMISSION, STORAGE AND VIEWING POTENTIALLY UNRELIABLE AND INSECURE. YOU SHOULD MAKE YOURSELF AWARE OF THESE RISKS PRIOR TO USING THE SERVICE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOMEDATAGUARD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOMEDATAGUARD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, MEMBERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (EVEN IF HOMEDATAGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR A THIRD PARTY VIS THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY OTHER MATTER RELATING TO THE SERVICE; (vi) ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS/LIFESTYLE INTERRUPTION OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.
FURTHER, COMPANY WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.
- ***YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO COMPANY FOR ACCESS TO AND USE OF THE SITE OR SERVICE. *****
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- INDEMNIFICATION
You will defend, indemnify and hold HomeDataGuard, its parents, subsidiaries, affiliates, agents, officers, members, investors, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) Your use of Your Account and the Service, (b) any data files and content stored by You in Your Account and otherwise on the HomeDataGuard servers and © any violation of this Agreement by You.
Errors and Corrections
THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. HOMEDATAGUARDAND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME.
Final Agreement
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may only be modified by HomeDataGuard.
