Welcome to RedFolder, an online browser based application service from Prevendra, Inc. (“Prevendra”) located at www.redfolder.co (the “Site”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Site and our service which we make available to help you organize and securely store your important personal and financial information for your friends and family in case of an emergency. To make these Terms easier to read, the Site and our services are collectively called the “Services.” Agreement to Terms By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.
How the Services Work The RedFolder Services are designed to provide a secure and convenient repository for your data (or “User Content”, defined below). Via the Services you can provide both direction and access to a person you trust (a “Designee”) so that he or she may access the data and/or act on your behalf under the circumstances you specify and in accordance with your instructions. The information you provide to us will be held in a secure, encrypted manner for you and your Designee. You may also use the Services as a secure information storage service without choosing a Designee. Because of our security and encryption practices, Prevendra will never be able to see your encrypted data.
Changes to Terms or Services We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the modified Terms because if you continue to use the Services after we’ve let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services Eligibility You may use the Services only if you are 18 years or older and capable of forming a binding contract with Prevendra, or if you are 13 years old or older and have permission from your parent or guardian, and you are not barred from using the Services under applicable law. Registration and Your Information If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or through your account with certain third-party social networking services such as Facebook or Google (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Feedback We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. If you provide us any Feedback, you agree that we may use, copy, modify, create derivative works of and otherwise exploit the Feedback for any purpose.
Content and Content Rights For purposes of these Terms: (i) “Content” means data, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. Content Ownership, Responsibility and Removal Prevendra does not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content or data. Subject to the foregoing, Prevendra and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Rights in User Content Granted by You By making any User Content and data available through Services you hereby grant to Prevendra a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to grant sublicenses, to use, copy, distribute, publicly display, publicly perform and distribute your User Content and data in connection with operating and providing the Services and Content to you and to other Account holders to whom you grant access. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content and data under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Prevendra on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You can remove your User Content by specifically deleting it. However, in certain instances some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We’re not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Rights in Content Granted by Prevendra Subject to your compliance with these Terms, Prevendra grants you a limited, non-exclusive, non-transferable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Payment Terms The Services are offered on a monthly or yearly subscription charge. We do not offer refunds for unused services. We reserve the right to change the amount we are charging for use of the Services at any time. When we change the amount, we will provide you with notice in advance to changes in the Services and pricing for the Services.
General Prohibitions You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, Prevendra’s name, any Prevendra trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Prevendra’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Prevendra’s computer systems, or the technical delivery systems of Prevendra’s providers;
- Attempt to probe, scan, or test the vulnerability of any Prevendra system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Prevendra or any of Prevendra’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Prevendra or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Prevendra trademark, logo, URL or product name without Prevendra’s express written consent;
- Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Site or Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to disable access to any Content, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
Termination We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. When your account is terminated, either by you or by us, we, at your option, either delete the User Content you stored in the Services it as soon as practicable, or you may delete it. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: “Content and Content Rights,” “Content Ownership, Responsibility and Removal,” “Warranty Disclaimers,” “Indemnity,” “Limitation of Liability,” “Dispute Resolution,” and “General Terms.”
Warranty Disclaimers The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. It is your responsibility that your User Content and data is accurate and complete so that your Designee will have the information he or she needs to follow your instructions.
Indemnity You will indemnify and hold harmless Prevendra and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms.
Limitation of Liability NEITHER Prevendra NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the ServiceS or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not PREVENDRA has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In no event will Prevendra’S total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS or content EXCEED THE AMOUNTS YOU HAVE PAID TO PREVENDRA FOR USE OF THE SERVICES OR content in the twelve months prior to the event giving rise to the liability OR TEN DOLLARS ($10), WHICHEVER IS LESS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PREVENDRA AND YOU.
Dispute Resolution Governing Law These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of laws provisions. Jurisdiction and Venue You agree that any dispute between you and Prevendra regarding these Terms will be resolved exclusively in a state or federal court located in the State of Washington in King County.
General Terms These Terms constitute the entire and exclusive understanding and agreement between Prevendra and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Prevendra and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Prevendra’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Prevendra may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Prevendra under these Terms, including those regarding modifications to these Terms, will be given: by Prevendra (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Prevendra’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Prevendra. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information If you have any questions about these Terms or the Services please contact Prevendra at email@example.com, Prevendra, PO BOX 974, Woodinville WA 98072.