Terms and Conditions
TERMS & CONDITIONS
These terms of service govern your use of any product or services of Page Vault including, without limitation, the Page Vault launcher, portal and website and any other products or services of Page Vault Inc. (collectively the “Page Vault Services”). By downloading, accessing or using the Page Vault Services, you signify that you have read, understood, and agree to be bound by these terms of service set forth below (“Terms”).
- AUTHORIZED USERS
These Terms form a legally binding contract between you (on your own behalf and on behalf of your company) and Page Vault. By using any Page Vault Services, you affirm that you are at least 18 years of age and, if you are entering into these Terms on behalf of your company, that you are a duly authorized representative of your company.
You agree to check the Page Vault website periodically for new information and terms that govern your use of Page Vault Services. Page Vault reserves the right to modify the Terms at any time with or without notice to you. Terms for new Page Vault Services are effective immediately upon posting at the Page Vault website or through your continued use of the Page Vault Services. Page Vault may, at its sole discretion, and at any time, discontinue any Page Vault Services or any part thereof, with or without notice to you, or may prevent your use of the Page Vault Services with or without notice to you.
- NO LEGAL ADVICE; PAGE VAULT DISCLAIMER
You acknowledge that Page Vault is not a legal service provider and provides no legal advice as part of the Page Vault Services. Please consult an attorney to ensure that Page Vault Services comply with any local laws, rules or regulations. Page Vault is solely a technology service provider. The Page Vault Services are not intended to be a source for legal advice and Page Vault makes no representations or warranties with regard to any matter including the admissibility of any images captured through the Page Vault Services and you bear the entire risk of the completeness, accuracy or usefulness of the information found or produced through the Page Vault Services. Page Vault does not guarantee the sequence, accuracy, completeness, or timeliness of the Page Vault Services including, without limitation, the content and the integrity of the results or outputs of the Page Vault Services. Certain parts of the Page Vault Services may be subject to third party terms and you agree to abide by such terms and conditions. The information contained on or accessible through the Page Vault Services is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to applicable laws, rules or regulation. You shall obey all federal, state, and local laws, rules or regulations that apply to your activities when you use Page Vault Services. Page Vault reserves the right to terminate your use of the Page Vault Services and to prevent your use of any and all Page Vault Services any at time including if you are engaged in any illegal activity or violate these Terms. Accordingly, notwithstanding anything to the contrary herein, Page Vault (including its licensors, directors, officers, affiliates, employees, agents, or representatives) and its successors and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Page Vault Services including, but not limited to, production, custody or admissibility of any evidences to be used in court, arbitration or any other forum; (b) delays, errors, or interruptions in the functioning, storage, transmission, custody or delivery of the Page Vault Services; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance or inaccuracy. Page Vault does not guarantee that Page Vault Services will be available at all times or at any given time or that we will continue to offer particular Page Vault Services for any particular length of time.
- REMOVAL OF USER
Page Vault reserves the right (but has no obligation) to remove, block, edit, move or disable any user account at any time that is objectionable to Page Vault for any reason. The decision to remove any user at any time is in Page Vault’s sole and final discretion.
Page Vault Browser subscription plans include a live, remote training session. Plans include one (1) training session per concurrent user per year. Additional training sessions are available at our standard hourly rates.
- LICENSE GRANT
Page Vault grants you a personal, limited, non-transferable, non-exclusive license to use Page Vault Services. You may not copy or download any Page Vault Services except with the prior written approval of Page Vault. In addition, without the prior written approval of Page Vault, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Page Vault Services. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Page Vault Services. You further agree not to use the Page Vault Services for any unauthorized or illegal purposes or purposes for which the Page Vault Services were not intended including, but not limited to, in a manner that misrepresents, violates or falsifies the content of any website. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Page Vault Services you are using. Making unauthorized copies or distribution of Page Vault Services may result in the termination of your access to the Page Vault Services, prohibition on use of Page Vault Services, and further legal action. You agree to indemnify, defend and hold harmless Page Vault, its affiliates, employees, agents, representatives, licensors or other third party partners from any breach of these Terms, any unauthorized or illegal conduct by you, or through the use of the Page Vault Services including, but not limited to, purposes for which the Page Vault Services were not intended.
- FEES; NO REFUNDS
Page Vault Services may be subject to the payment of a fee as set forth in a separate order form, such order form to be incorporated by reference into these Terms. Page Vault reserves the right to change its fees or billing methods at any time upon prior written notice in accordance with applicable laws, rules and regulations. If your use of Page Vault Services is subject to use or sales tax, then Page Vault may also charge you for any such taxes, in addition to the subscription or other fees. For further information, visit the Page Vault website or contact a sales representative. You may cancel your subscription at any time; however, there are no refunds for Page Vault Services or otherwise discontinued use at any time. You agree that Page Vault has the right at any time for any reason or no reason to suspend or terminate this Terms, or refuse any and all current or future use of the Page Vault Services without notice, refund, obligation, or liability to you. In the event that Page Vault suspends or terminates your account or these Terms you understand and agree that you shall receive no refund or exchange for any Page Vault Services or for anything else. In addition to any initial implementation fees that may be set forth in a separate order form, to the extent that you change, upgrade or update any of your systems after the Page Vault Services have been implemented, Page Vault may charge you fees for any costs incurred by Page Vault to change, upgrade or update the Page Vault Services to connect to your systems, at the then current Page Vault rates.
- ACCOUNT AND ENTITLEMENTS; TERMINATION OF PAGE VAULT SERVICES
You shall not allow any third party to use your account. You have the right to cancel your account or a particular subscription to a Page Vault Service at any time by contacting a Page Vault representative. You agree that the cancellation of your subscription of the Page Vault Services is your sole right and remedy with respect to any dispute with Page Vault. Upon the cancellation of your subscription, all data and content produced as a result of the usage of Page Vault Service will remain on our server for a minimum of seven (7) days. During such period, you may access and download your data using the Page Vault Portal. Page Vault will retain such data at a cost of $50 per month plus $10.00 per 50 gigabytes of stored data per month, paid in full and in advance. After the aforementioned period, Page Vault reserves the right (but has no obligation) to remove, delete, or destroy any of the data and content stored in its server. The decision to destroy any data or content at any time is in Page Vault’s sole and final discretion. To the extent a customer or former customer requests access to any of the Page Vault Services including any data or content captured by such customer, either directly or indirectly or through a court order, proceeding, or subpoena, such customer shall pay Page Vault for its time and materials at Page Vault’s then-current consultant rates (or, if there are no then-current rates, at a reasonable rate as determined by Page Vault). This Section shall survive any expiration or termination of the Page Vault Services or these Terms.
For active subscription accounts, Page Vault provides a set amount of included storage, as indicated on our pricing page. Additional storage is available for accounts as follows: $10.00 per 50 gigabytes of stored data per month.
- RULES OF CONDUCT
You agree to the following rules of conduct for the Page Vault Services:
- You shall not indicate that you are a Page Vault employee or representative, or attempt to mislead users by indicating that you represent Page Vault or any other third party that are not.
- You shall not upload/save through Page Vault Services information that you do not own or have permission or legal right to store or distribute in accordance with these Terms and the applicable law.
- You shall not save data nor upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Page Vault Services or otherwise interfere with any other person’s ability to use the Page Vault Services.
- You shall not modify or attempt to modify any part of the Page Vault Service that Page Vault does not specifically authorize you to modify.
- You shall not attempt to use Page Vault Services on or through any service that is not controlled or authorized by Page Vault.
- You may not conduct any activities that violate the laws of any jurisdiction including but not limited to intellectual property, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
Specific Page Vault Services may also post additional rules that apply to your conduct on those services. If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Page Vault using the ”Contact Us” functions in the relevant Page Vault Service.
Affidavits are available for captures that are maintained on our system. Affidavits apply to the PDF format of a capture on our system. Affidavit turnaround time is ten (10) business days. Expedited service (two (2) business days) may be available for an additional fee by contacting your Page Vault representative. A single affidavit can cover multiple webpage captures.
Client has the option of providing a case caption to be included with the affidavit. Client understands that preparing and executing an affidavit requires Page Vault resources, so Client agrees that Page Vault may have to charge a fee for additional modifications or changes to the affidavit, including but not limited to additional modifications to the case caption or language of the affidavit.
Additional capture and configuration work beyond the scoped work is at $145 / hour once agreed upon by both parties. Additional legal work (e.g. affidavit) beyond the scoped work is at $295 / hour once agreed upon by both parties.
Pricing for affidavits for Page Vault On Demand services is determined based on the scope of the project. Pricing for affidavits for captures made using the Page Vault Browser is as follows:
- $149 for the affidavit
- $10 for each webpage capture included under the affidavit
- Plus related printing costs and shipping costs
- EXPERT WITNESS
In the event a client requires an expert witness, one can be provided at an hourly rate of $500. Additional disbursements will include, but are not limited to, photocopying, travel, and reasonable accommodation and subsistence costs (as required). Any travel will only be within the United States; plane travel will be first class and car mileage charged at $1.00 per mile. Page Vault will provide you with receipted invoices in respect of all disbursements claimed on a monthly basis and payment will be due within 30 days of the date of the invoice.
- COMPLIANCE WITH LAWS
You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Page Vault Services.
- EXPORT CONTROL LAWS
The Page Vault Services may be subject to United States export controls, and export controls of other jurisdictions. By using the Page Vault Services or downloading any Page Vault Services, you warrant that you are not located in any country, or exporting Page Vault Services to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Page Vault Services subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload or save to Page Vault Services, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this section shall survive termination of these Terms.
- UPDATES TO PAGE VAULT SERVICES
PAGE VAULT MAY FIND IT NECESSARY TO UPDATE, OR RESET THE PAGE VAULT SERVICES. THESE UPDATES OR RESETS MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT PAGE VAULT SERVICES AND MAY AFFECT YOUR USE OF SUCH SERVICES. PAGE VAULT RESERVES THE RIGHT TO MAKE THESE UPDATES OR RESETS AND IS NOT LIABLE TO YOU FOR THESE CHANGES OR SETBACKS.
- LIMITATIONS ON WARRANTY AND LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF PAGE VAULT SERVICES AND THE INTERNET IS AT YOUR SOLE RISK. PAGE VAULT SERVICES AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHEREAS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, ACCURACY, AVAILABILITY OR PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE PAGE VAULT SERVICES. PAGE VAULT DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE PAGE VAULT SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PAGE VAULT WILL HAVE ADEQUATE CAPACITY FOR PAGE VAULT SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PAGE VAULT, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARISING OUT OF OR RELATING TO PAGE VAULT SERVICES IS TO STOP USING PAGE VAULT SERVICES, AND TO CANCEL OR NOT RENEW YOUR PAGE VAULT SUBSCRIPTION. YOU ACKNOWLEDGE AND AGREE THAT PAGE VAULT, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION, USE OR CONTENT ON PAGE VAULT SERVICES. IN NO CASE SHALL PAGE VAULT’S, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO PAGE VAULT FOR PAGE VAULT SERVICES OR, IF NO AMOUNT WAS PAID, THEN ONE HUNDRED DOLLARS ($100.00). IN NO CASE SHALL PAGE VAULT OR PAGE VAULT AFFILIATES BE LIABLE FOR INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF PAGE VAULT SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF PAGE VAULT SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PAGE VAULT, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Upon Page Vault’s request, you agree to defend, indemnify and hold harmless Page Vault, its affiliates, employees, agents, representatives, licensors or other third party partners against any claim for any liabilities, damages, losses, judgments and expenses, including attorneys’ fees, that arise from or relate to a breach of these Terms by you. Page Vault reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Section shall survive termination of these Terms.
- GENERAL TERMS
You agree that these Terms is not intended to confer and does not confer any rights or remedies upon any person other than the parties to these Terms. You also understand and agree that if any part of these Terms (including any supplemental terms which are incorporated by reference into these Terms) is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Page Vault, and the remaining portions shall remain in full force and effect. The failure of Page Vault to exercise or enforce any right or provision of these Terms will not constitute waiver of such right or provision and any waiver must be in writing in order to be effective.
- GOVERNING LAW
These Terms are governed by the State of Illinois, without consideration of its conflicts of laws principles. The parties hereby irrevocably accept and submit to the sole and exclusive personal jurisdiction of the courts located in Cook County, Illinois with respect to any action, suit or proceeding brought by or against it by the other party.
- ENTIRE AGREEMENT
The Terms (including any other supplemental terms incorporated by reference into this document) and any posted rules or instructions regarding the Page Vault Services constitute the entire agreement between you and Page Vault. If there is any conflict between the Terms and any other rules or instructions posted on Page Vault website, Page Vault shall resolve the conflict in its sole discretion.