MY VAULT®
MY VAULT® Services, LLC Software and Website Terms of Use and Notices
Last Updated: September 2015
Introduction
Privacy, Trust, and secure User Data: Trust is not easy to earn, we take the security of Your data very seriously.
From its start in 1997, MY VAULT SERVICES, LLC, MY VAULT®(herein after referred to as MY VAULT) has remained and continues to remain guided by strong ethics.
The terms and conditions set forth herein, constitute the full and complete agreement between You, Your heirs, agents, successors and assigns ("You" or "Your" or “User” or “Users”) and MY VAULT. Your agreement to be bound by the terms contained herein is acknowledged by Your use of the MY-VAULT SERVICES, LLC’s website(s), including but not limited to hosting services, support services, and or products made available to You.
The official operating language of MY VAULT is English. This agreement shall be read and interpreted in English only. MY VAULT may accommodate any other languages at its sole discretion but shall not be accountable for any lack of other language provisions or the accommodation thereof. All business interactions between You and MY VAULT, including but not limited to interactions through emails, automated system notifications, account information, pre-recorded voice information shall be in English as default business function.
MY VAULT operates its www.myvault.com website on US Central Time. MY VAULT customer service hours are set in US Central Time.
PLEASE READ THESE TERMS CAREFULLY BEFORE INTERACTING WITH THE MY VAULT WEB SITE OR SOFTWARE
1. This is an agreement between You and MY VAULT Services, LLC
This is an agreement (“Agreement”) between You and MY VAULT Services, LLC, also referred to as “MY VAULT” (“the Company”). This Agreement governs Your use of the Internet site located at https://www.myvault.com, and any sub-domains thereof (the “Site”) and any software, service, web site, or web page operated by the Company (collectively with the Site, “the Services”). Use of the Services is available only to individuals or businesses that can form legally binding contracts under applicable law. You represent that You are at least 18 years of age and have attained the age of majority in the province, state or country in which You reside, and any information that You submit is correct. Furthermore, by purchasing and/or using MY VAULT goods and/or services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this agreement and any other policies or agreements made part of this agreement by reference, as well as any new, different or additional terms, modifications, conditions or policies which MY VAULT may establish and/or revise at any time, and any agreements that MY VAULT is currently bound by or will be bound by in the future. As such, the Company offers use of the Services to You conditioned in Your acceptance of the Agreement and Your use of the Services constitutes Your acceptance of the Agreement. The Agreement contains disclaimers of warranties and liability and an exclusive remedy. These provisions form an essential basis of our bargain.
2. How the Company may modify the Agreement
The Company reserves the right to change the terms, conditions, and notices under which it offers the Services, including any charges associated with the use of the Services. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the Company’s web site. Your continued use of the Services after the effective date of such changes constitutes Your acceptance of and agreement to such changes.
3. Privacy policy
MY VAULT recognizes the importance of protecting the privacy of personal information about our clients and others who visit our websites. Within this context, the term "personal information" includes any personally identifying information You provide, such as name, email address, zip, whether online or by any other means. You may give MY VAULT personal information when You register for an account or service, or when You communicate with us via telephone, fax, or e-mail. MY VAULT ‘s policy is never to share Your personal information with any third party except as is required to provide You services, as You permit or as required by law.
A complete statement of the Company’s current privacy policy can be found at: INSERT INFO HERE
The Company’s privacy policy is expressly incorporated into the Agreement by this reference.
4. Use of software
MY VAULT may make certain software available to You via the Services. If You download software from the Services, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are licensed to You by Company, for Your use in accordance with this Agreement only. MY VAULT does not transfer either the title or the intellectual property rights to the Software, and MY VAULT retains all rights, titles and interests in MY VAULT’s intellectual property, including but not limited to: trade names, service marks, inventions, copyrights, trade secrets, patents and know-how relating to the design, function or operation of plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to You to use MY VAULT’s trade names or service marks. You may not sell, redistribute, or reproduce the Software, nor may You decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and You may not copy or use them in any manner.
5. No commercialization, unlawful, or harmful use of the Services; System integrity
The Services are only for Your personal or business use and You will not re-sell or attempt to re-sell the Services for commercial purposes. You will not use the Services in any way that is unlawful, or harms the Company, its affiliates, distributors, service providers and/or suppliers (each, an “MY VAULT Party” and collectively, the “MY VAULT Parties”) or any customer of an MY VAULT Party, as determined in the Company’s sole discretion. The Company may tell You about certain specific harmful uses in a code of conduct or other notices available through its web site, but has no obligation to do so. Without limiting the generality of this section, You may not use the Services in any manner that could damage, disable, overburden, or impair any element of the Services (or the network(s) connected to the Services) or interfere with any other party’s use and enjoyment of the Services. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure. You may not disclose or share Your password or account information with any third parties or use Your password or account information for any unauthorized purpose.
6. Submissions
The materials, data, and other information used and displayed in the Services are the property of the Company or its licensors and are protected by copyright, trademark and other laws. In addition to the Company’s and its licensors’ and suppliers’ rights in individual elements of the content within the Services, the Company owns a copyright in the selection, coordination, arrangement and enhancement of such content. Unless the Company has entered into a separate written agreement with You that explicitly states to the contrary, You agree that any information, feedback, questions, comments or the like that You provide to the Company in connection with the Services (“Submissions”) will be deemed to be provided to the Company on a non-confidential and non-proprietary basis and will become and remain the property of the Company. The Company shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that the Company shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. FOR AVOIDANCE OF DOUBT, DATA UPLOADED, BACKED UP, OR OTHERWISE ADDED INTO AN END USER ACCOUNT IS CONSIDERED END USER DATA AS OPPOSED TO SUBMISSIONS. END USER DATA REMAINS THE PROPERTY OF THE END USER AND WILL BE TREATED AS CONFIDENTIAL IN ACCORDANCE WITH OUR PRIVACY POLICY.
7. Compliance with intellectual property laws; Copyright infringement
When using the Services, You agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content You provide or transmit, or that is provided or transmitted using Your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with You.
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring via the Services. Company has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated and You want Company to delete, edit, or disable the material in question, You must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, You must provide it to Company at:
MY VAULT Services, LLC
Copyright Infringement
105 W Adams Street
Suite 1325
Chicago, IL 60603
8. Inappropriate content
You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate Your receipt, transmission, or other distribution of any such material using the Services, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
9. No warranty
THE COMPANY PROVIDES THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Services may be interfered with by numerous factors outside of its control, including but not limited to telecommunications network disruptions. Nor does the Company guarantee the accuracy, timeliness or completeness of any information in the Services or the results of Your use of the Services.
10. Limitation of Liability, Your Exclusive Remedy
MY VAULT makes every reasonable effort to maintain operation of MY VAULT services and website, however because as many events and circumstances are beyond the control of MY VAULT, MY VAULT does not in any way warrant or otherwise guarantee the availability of the MY VAULT system, website, services, or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of MY VAULT. MY VAULT’S SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
In general, MY VAULT has no control over information contained on the Internet. Information obtained by You from the Internet may be inaccurate, offensive or in some cases even illegal. MY VAULT accepts no responsibility for any information, which You receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that You obtain from the Internet as well as the reputation of the individuals with whom You may deal. MY VAULT provides no warrantee for any goods or services, which You obtain over the Internet nor the compatibility of any such services with the MY VAULT system, services or websites.
You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits, loss of stored assets, or loss of business as the result of any action taken in response to any claim of copyright or other intellectual property infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
IF YOU ARE DISSATISFIED WITH THE SERVICES, YOU DO NOT AGREE WITH ANY PART OF THE AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY MY VAULT PARTY WITH RESPECT TO THE AGREEMENT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO MY VAULT IN THE THREE MONTHS IMMEDIATELY PRECEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL MY VAULT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
11. Affiliate sites
MY VAULT websites contain links to other sites. Please be aware that MY VAULT is not responsible for the privacy practices, services, standards, security, or infrastructure of such other sites. MY VAULT has no control over, and no liability for any third party websites or materials. MY VAULT works with a number of partners and affiliates whose Internet sites may be linked with the Site. In certain cases MY VAULT may use framing technology to present content from our and our partner's websites simultaneously. In such case, we will clearly identify the framed partner webpage as an outside entity. Because neither MY VAULT nor the Services has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with Your use of the Services, You may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, this Agreement shall govern Your use of any and all third party content.
12. Prohibited uses
The Company places certain restrictions on Your permissible use of the Services. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Services. Any violation of system or network security may subject You to civil and/or criminal liability.
Furthermore, You agree that You will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government. - You agree not to use MY VAULT for any of the following types of content or storage, nor use Your account in furtherance of any of the following: pornographic, obscene or excessively profane content. - You agree not to take any action which threatens, encourages or causes any harm of any kind to minors or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so. - You agree not to take any action, which encourages or consists of threat of harm of any kind to any person or property or assists any other person or group in doing so. - You agree not to use Your account to encourage, facilitate, promote and/or Include hate speech, racially offensive, ethnically offensive and/or sexually offensive content or activity deemed inappropriate by MY VAULT, at its sole discretion, for any reason whatsoever. - You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
13. Indemnity
You agree to indemnify the Company for certain of Your acts and omissions. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Services, Your violation of this Agreement, or Your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any person or entity. The Company will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
You agree to fully defend, indemnify and hold harmless MY VAULT of and from any and all third party claims, causes of action, demands, costs, and damages, including but not limited to direct and consequential damages, attorneys fees and costs, expert fees and costs, and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to Your use of the MY VAULT services or any portion thereof. Choice of counsel remains exclusively that of MY VAULT.
You agree that upon the assignment of Your User ID and password that You will maintain the confidentiality of Your account information and assume all responsibility due to any loss, theft or other destruction of any data as the result of any access to Your account via the use of Your User ID. You further agree to defend, and indemnify and hold harmless MY VAULT of and from any and all third party claims, causes of action, demands, costs, and damages, including but not limited to direct and consequential damages, attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of Your confidential User ID and Password information. Choice of counsel remains exclusively that of MY VAULT. Any software or services or solutions provided to You as part of using the services provided, including licenses for products and services used on a monthly basis for a set monthly fee, are licensed to and will remain the property of MY VAULT, even after Your cancellation of said services.
14. Governing law
The Services are controlled by the Company from its offices within the State of Illinois, USA. The laws applicable to the interpretation of the Agreement shall be the laws of the State of Illinois, USA, and applicable federal law, without regard to any conflict of law provisions. The Company makes no representation that the services or the content available via the Services are appropriate for access outside of the United States. Those who choose to access the Services from outside the United States do so at their own initiative and are responsible for compliance with local laws. You agree to submission of any dispute to the state and federal courts of the State of Illinois, city of Springfield, USA.
15. Termination; Access restriction
This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal Your information from the MY VAULT servers. Such information or data may not be made available to You by MY VAULT after any such termination. Termination of Your account is within the sole discretion of MY VAULT and Your account may be immediately terminated in accordance with the terms of this agreement, at any time with immediate effect.
MY VAULT may, at its sole discretion temporarily, limit or deny access to its services, for any reason, including the blocking of access and/or the denial of certain services, if, in the judgment of MY VAULT, such limitations or denials of access are required to assure the security of the services, the integrity of the website structure, or to prevent damage to the services provided by MY VAULT, its network, the software or the data stored on MY VAULT. Should any account require termination MY VAULT will retain the right to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney's fees or other costs of any kind as may be applicable. MY VAULT reserves the right to refuse to provide service or fully terminate service to anyone at his or her sole discretion, for any reason whatsoever.
At the sole option of MY VAULT, for any reason set forth herein or in the event that You breach any term of this agreement, including but not limited to The Payment of Fees or any violation of the MY VAULT Acceptable Use Policy, MY VAULT may suspend Your account by deactivating any access by You and/or by web Users to any information contained on the MY VAULT servers related to Your account. Suspension shall specifically include the disabling of Your hosted account or any access to information or data related to Your account. MY VAULT may, at its sole discretion, provide You with notification of such suspension. At MY VAULT’s sole discretion, MY VAULT may provide You with an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension. Should any account require suspension, MY VAULT will retain the right to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney's fees or other costs of any kind as may be applicable.
MY VAULT may terminate the Agreement, or terminate or suspend Your access to the Services at any time, with or without cause, with or without notice. Upon such termination or suspension, Your right to use the Services will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE COMPANY’S HARDWARE AND/OR USING THE SERVICES MAY NOT BE RETRIEVED LATER, AT THE COMPANY’S SOLE DISCRETION.
16. Payment, Cancellations and Refunds
By agreeing to this Agreement and purchasing a subscription to the paid version of the Services, You are agreeing to allow the Company to place Your account on a recurring payment plan. Payment shall be made to MY VAULT in U.S. dollars only. The account will automatically be charged according to the terms of the account type You select on the same day each month. Payments are due upon account activation, account upgrade, and future account renewal, and may be made through the use of a valid credit card. Further, You grant permission to the Company to charge Your credit card or payment service for any and all services You request and any renewals thereof. If the Company is not able to process a payment for Your account on the specified processing date, the Company may suspend Your account pending a successful payment transaction. If shortfalls in payment to MY VAULT of the full service invoice amount occur due to bank fees, transfer fees, or the like, MY VAULT will re-bill You for the shortfall. Should payment in full of any invoice or service not be received by MY VAULT when due after account activation or renewal, MY VAULT, at its sole discretion, may discontinue, withhold or suspend services to You.
You can upgrade an account. MY VAULT will adjust the charge difference between the remaining days of previous plan and the newly elected plan and will charge this difference, known as “extra amount”, with respect to new plan. When an upgrade occurs, User will be charged an “extra amount” for the upgrade. The “extra amount” is a charge that is deducted immediately once the plan is upgraded by the user. The “extra amount” is equal to the difference between the old plan price and the new plan price, multiplied by, the amount of days left on the old plan over the total days within current month. On next normal monthly billing cycle after an elected upgrade, standard plan charges will be deducted according to upgraded plan pricing selected. For some users, MY VAULT may waive the “extra amount” at its discretion, and apply the new standard plan prices of the selected upgrade at the start of the next billing month without a pro-rata rate for the remainder of the current billing cycle.
You can downgrade an account. On a downgrade no money will be refunded. When You elect to downgrade a plan, Your account will work on previous plan until next billing cycle at which point the requested downgrade of plan will be automatically scheduled to take effect. To downgrade to lower plan, You will have to free the space needed according to space allowed for the newly downgraded plan for the scheduled downgrade to take effect. If on next billing date, the storage for the User account is greater than the lower plan selected by the User allows for, User account will not be downgraded. User downgrade request will be cancelled and for next month account charges will be deducted according to the space occupied by the User. If storage of the account is less than or equal to the plan selected then the downgrade plan selected will be activated for that user.
You may cancel Your account at any time by using the web-based cancellation link and confirmation in the My Account section at the Site. If You are not able to access this page, You may also send an email billing@myvault.com from the email address associated with Your account using the subject line: “Account Cancellation” for assistance. Because the Company charges its subscribers for each unpaid billing cycle in advance, in order to cancel Your account and not be charged for an impending billing cycle, You must make Your cancellation request at least two business days before the next automatic billing occurrence.
If You cancel during a billing cycle, no refund will be issued for the unused portion of the billing cycle. For example, if You are billed on the 15th of every month and You cancel on September 17th, You have already pre-paid for the entire current billing cycle (September 15 – October 15 in this example).
Upon cancellation of Your account, all data within the account will be queued for permanent deletion. If You cancel Your account while it is in good standing, You may request that the Company continue to make Your data available to You until the end of the current billing cycle. Only in the event of Your request and MY VAULT’s acknowledgement will MY VAULT continue to maintain the account data after cancellation and until the end of the current billing cycle. Such a request must be made at least one business day prior to the cancellation of the account. If no request is received to maintain the account data until the end of the current billing cycle, all account data will be queued for deletion immediately following the cancellation of the account. If an account is later reactivated, previous data may not be recovered.
30 Day New Account Cancellation Period - Full refund for Your paid contribution to the newly created account, immediate account shutoff and deletion Free months, promotional discounted prices for months, or discounted credits received or any like credits received for plans do not get refunded their full retail amount or any part thereof: MY VAULT offers a 30 day money back cancellation period for newly created accounts. If You cancel Your newly created account within 30 days, Your initial paid contribution to the plan will be refunded. MY VAULT does not refund discounts received through promotions where no actual money was transferred. For example, If You bought a plan priced at $9.99, but You only spent $7.99 on to activate the plan because You had a $2.00 discount coupon, then upon cancellation within the 30 day money back guarantee period for Your new account MY VAULT will refund You Your paid contribution of $7.99 and not the plan price of $9.99. If You cancel Your account within the 30-day cancellation period, account cancellation and deletion occurs on the day of cancellation request.
SHOULD YOU ATTEMPT A HOSTILE CHARGEBACK FOR SERVICES YOU KNOWINGLY PURCHASED from MY VAULT, MY VAULT shall immediately shut off services to You and will pursue full legal recourse against You to recoup any and all losses. If a chargeback occurs as a result of an action taken by You, a $35 fee will be assessed on top of the full chargeback amount.
MY VAULT Coupon Usage Restrictions: MY VAULT® coupons, promotional offers or discounts, hereinafter referred to as “discounts and/or discount” are limited to one per customer per order and are available for one-time use only. Discount and other discount offers are not transferrable. Discount offered has no cash value. Discount will be applied to qualifying sign-ups only and will be automatically calculated at sign-up. Discount applies only to specified plans. Discounts are offered on a first-come-first-serve basis. Limited quantities are offered and available. Discount does not apply to taxes or any similar processing charges if applicable. If discounted purchase is cancelled and a refund is issued, the discount will be first deducted from the value of the refund prior to a refund/credit being issued. Discount cannot be applied to previous purchases. Discount offers cannot be combined. Discount code must be entered at sign up. Discount redemption starts on and ends on specified times and are not infinite. MY VAULT® reserves the right to modify or withdraw a discount at its sole discretion without prior notice. Usage of discount mandates compliance with the MY VAULT Privacy Policy and Terms of Service Agreement. Residency and cardholder restrictions apply.
17. Severability; Assignment; Waiver
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will remain unaffected and in full force and effect. The Company may assign the Agreement, in whole or in part, at any time with or without notice to You. You may not assign the Agreement, or assign, transfer or sublicense Your rights, if any, as related to the Software. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. Entire agreement
Except as expressly stated herein, the Agreement constitutes the entire agreement between You and the Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and the Company with respect to the Services.
19. Section titles
The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
20. Amendment
MY VAULT may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the MY VAULT website(s) in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.
21. No Agency
Notwithstanding any other provision of this agreement, MY VAULT is not Your agent, partner or joint venture in any respect.
22. Term Of Agreement
The initial term of this agreement shall be the period selected by You at the commencement of Your account. Periodic accounts (such as monthly, annual, biannual) are automatically renewed and the payment frequency is established according to the payment method listed on the account (monthly for credit card).
23 Acknowledgement
By using the Services You acknowledge that You have read this Agreement and agree to be bound by it.