TERMS AND CONDITIONS
Notice — Read This
WHEN YOU COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU.
THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE. PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are SECURENCRYPT, hereafter “SELLER,” and you, the prospective purchaser, hereafter “BUYER”. Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as “THIRD PARTY OR THIRD PARTIES.” The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as ‘RECIPIENT”.
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is a product, service, or membership described in promotional or sales materials on this website and/or in an email referencing this website, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the product, service or membership that is the subject matter of this Purchase Agreement. This bundle of offerings, including additional items promoted on the order page, shall, together, be termed ‘product’ throughout this agreement but the word ‘product’ shall mean all elements offered in the sale, whether digital, dimensional, or other license or right, and include all sales or promotional materials.
The Client has the non-exclusive right to use the SECURENCRYPT program “AS IS”. This License and the
Client’s right to use SECURENCRYPT terminate automatically if the Client fails to comply with any terms or conditions of this Agreement.
Free support is provided to users of Securencrypt fully licensed products. Email support is always available, Live Chat and Telephone support are available on a limited basis.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for this product that the Seller requires as the total price of the product. By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls from the Seller and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the instant product or any other product or service.
Buyer agrees to post-sale contact from joint venture partners of the Seller or from others who have a commercial relationship with the Seller. Buyer agrees that all personal information about the buyer or his or her buying habits and preferences, including address and phone number, may be placed in a general database and agrees that this information may be shared, rented or sold to third parties.
However, Buyer shall at all times be fully empowered to sever contact with the Seller by notification using the ‘unsubscribe’ link in solicitations. Moreover, the Buyer retains the right to refuse specific contact with some third party solicitors and maintain it with others. The Buyer retains the right to have his or her name removed from a general solicitation database. The Buyer’s agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Buyer. The burden is on the Buyer to prove that such communication was made to and received by the person making contact. Buyer agrees that Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred by the Seller. Buyer accepts full responsibility for limiting unsolicited contact and Buyer understands that he retains all rights to directly restrict communication or solicitation from any party including the Seller.
The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Buyer. The Buyer, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.
The Buyer understands that cookies may be placed on his or her hard drive that will provide information to the Seller and which are necessary for delivering an e-product and which will be able to determine if you retain the right to access the product. Buyer understands that these cookies or other computer codes will reside on the hard drive and will communicate at times with the Seller’s computer and thereby transmit and receive information.
Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties are collected at the point of sale by the Seller, the Buyer remains responsible for payment of custom duties and taxes at the time the product is received. If it should happen that the Seller’s courier or freight account is charged for custom duties and tax, instead of the Buyer paying referenced charges, then the Buyer hereby authorizes the Seller to bill the Buyer’s credit card for said charges or for the return of goods if they are refused at the point of destination.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
Buyer agrees that if he uses trickery to receive more than one refund, or if he causes a fraudulent dispute claim that results in a chargeback against the Seller’s account, that the Seller is authorized to re-charge the Buyer’s credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.
The SECURENCRYPT program and related materials are distributed “AS IS” without warranties as to performance or merchantability. SECURENCRYPT is licensed without any express or implied warranties whatsoever. The Client is advised to test the program thoroughly before relying on it. The Client must assume the entire risk of using the program.
In no event will SECURENCRYPT be liable for any money damages, including, by way of example, any lost profits, lost savings, or direct, indirect, special, incidental, or consequential damages, arising out of the use, or inability to use, the program, even if SECURENCRYPT was informed of the possibility of such damages.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the Seller’s total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that the Seller’s total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Seller’s total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at the Seller’s sole discretion.
Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using the product or information contained on this website that results in a damage award against the Seller.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees that Seller has the right to discontinue the product, the service, the membership at any time without notice. Buyer understands that the Seller may discontinue customer service on a product or service at any time without notice.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller. In no case shall the Buyer have the right to go to court or have a jury trial. Buyer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted ‘unsubscribed’ notices and specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Buyer grants Seller irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Seller.
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.
This Purchase Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications are made in writing signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
WAIVER OF BREACH
The Seller’s waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
SELLER CONTACT INFORMATION
The Seller of this product is:
3200 Wildwood Ave
Jackson, MI 49202
By taking the affirmative step of purchasing of a product, service, or membership, you, the Buyer, attest that you have fully read, understand, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.
How we use collected information
Securencrypt may collect and use Users limited personal information for the following purposes:
To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
Securencrypt DOES NOT, and WILL NEVER disclose ANY of our customer information to ANY third-party, period!
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.
Sharing your personal information
We DO NOT and WILL NEVER sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
3200 Wildwood Ave. Jackson, MI 49202