SafelyFiled.com, LLC
Terms of Service

Terms of Service for SafelyFiled Family

SafelyFiled.com, LLC, an Illinois Limited Liability Company ("we" or "us") provides SafelyFiled Family, an organization, file storage and sharing service that allows you (“you”) to upload your records, documents and folders (“Files”) from your computer(s) and/or other computing and scanning devices and to store and access them through the Internet. Depending on your level of authority, the Service (as defined below) also permits you to attach information (Metadata) about each File to each File for the purpose of organization, searching, and reminders. The Service also permits you to share your Files and associated Metadata. The Service also permits you to view and/or download files if you have been grantedpermission to do so by an Account Owner or other person authorized directly or indirectly by the Account Owner to do so.

These terms of service ("Terms") are a legal agreement between you, either an individual or a single legal entity ("You" or "you"), and us. These Terms govern your use of our online services ("Services"), our website (“Site”), and any other software provided by us, including mobile phone applications and any updates and any accompanying documentation ("Software"). Such Services, Site and Software are collectively referred to as the "Service".

By clicking the “I AGREE” or similar button, or using any Services, you agree to these Terms and our Privacy Policy referred to below. If you do not agree to these Terms or the Privacy Policy, then do not click the button indicating your acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.

1. Account Setup — Account Owners, Participants and Sponsors.

Individual Accounts

To use the Service, you need to set up an account. The person setting up the account and agreeing to pay required fees and charges is designated the "Level 1 user" or “Account Owner”. There can only be one Account Owner. (The definition of Level 1 user or Account Owner is set forth later in these Terms and may be modified from time to time by us.) The Account Owner may invite others to participate in his or her account. Such others are generally referred to as "Participants" and include the categories of "Level 2” user, "Level 3" user, "Level 4" user, "Level 5 user" and "Level 6" user. (The definitions of each such Participant and authority are set forth later in these Terms and may be modified from time to time by us.) In some cases, a Participant may also invite others to participate in your account.

When you establish an account as the Account Owner, we will prompt you for registration information, such as your name, email address, account password, and mailing address, and we or our billing processors will collect your billing information upon initial registration, All of this registration information is protected by our Privacy Policy, the most current terms of which are incorporated by reference.

When you participate in an Account Owner’s account as a Participant, we will prompt you for registration information, such as your name, email address, account password, and mailing address. All of this registration information is protected by our Privacy Policy, the most current terms of which are incorporated by reference. All Participants agree to these Terms of Service.

Certain Definitions

The following definitions may be modified from time to time by us. We will advise you of any significant changes to these definitions.

  • Level 1 (formerly called Member) - This is the main person on the account. A Level 1 is the owner of the account and is responsible for all fees. The Level 1 has complete access to all aspects of the account and can invite others to participate in any capacity. Only a Level 1 can cancel an account.
  • Level 2 (formerly called Co-member) - A Level 2 has all the authority of Level 1, except a Level 2 cannot remove a Level 1. A Level 2 must have a name and password that is different from the Level 1’s.
  • Level 3 (formerly called Associate) - A Level 3 has broad authority on the account. Usually, a Level 3 is somebody who is familiar with computers and can help upload documents, put them in appropriate folders and help find documents. A Level 3 can do anything a Level 2 can do except delete a document that he or she has not uploaded or appoint another Level. Each Level 3 must have his or her own name and password. There can be more than 1 Level 3 at any time.
  • Level 4 (formerly called Sponsor) – A Level 4 is generally a member of your family or a professional who has authority to upload and delete documents on behalf of you for your benefit or for the benefit of your clients or customers. A Level 4 can be given access to folders or documents by a Level 1, 2 or 3 on the account. A Level 4 cannot delete only documents.
  • Level 5 (formerly called Authorized Professional) - A Level 5 has the authority to view and download a documents or folder and has authority to upload documents into a folder.
  • Level 6 (formerly called Guest) – A level 6 has the authority to view and download a document only.

Participant – A participant is a term that describes all Level 2, Level 3, Level 4, Level 5 and Level 6 persons who have access to your account or a portion thereof. You are permitted to have up to 20 Participants on your account.

Account and Membership – The terms, “account” and “membership” are used interchangeably throughout these Terms and within the SafelyFiled.com website. They are intended to have the same meaning.

2. Your Responsibilities

Intellectual Property

Files and other content in the Services may be protected by intellectual property rights of others. Do not copy, upload, download, or share files unless you have the right to do so. You, not we, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.

Ownership of Files

Only Level 1 and Level 2 users have any ownership interest in files uploaded to their SafelyFiled Family account and neither SafelyFiled nor any other party, including Participants of any other level, have any rights to own, download, view or modify such files without the permission from such Level 1 or Level 2 user, and such permission may be delegated by such Level 1 or Level 2 user to any other party via procedures we establish and maintain as part of the Service.

Harmful or Illegal Files

You must not upload spyware or any other malicious software to the Service, use the Service in any way that violates any laws or regulations, or upload any Files containing content that violates any laws or regulations. In the event of any activities as described above, we may, but are not obligated to, terminate your account and refund of fees paid, retaining the prorata portion of fees earned prior to the termination date.

Corruption of Data

Your Files are stored encrypted and for transmission between your browser and our servers, are transmitted encrypted. However, if you or any Participant with authority to upload Files utilize any other transmission method, such as email, your Files may be corrupted and their confidentiality may be compromised. Further, though we endeavor to reduce such possibility, you or any authorized Participant could upload Files that are corrupted and thus put at risk the privacy and integrity of your Files. Therefore, you, and not we, are responsible for maintaining and protecting all of your Files and Metadata. We will not be liable for any loss or corruption of your Files or Metadata, or for any costs or expenses associated with backing up or restoring any of your Files or Metadata.

Passwords and Security

You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts. If you lose your passwords or the encryption keys for your accounts, you may not be able to access your backup data. You must notify us immediately of any unauthorized use of your accounts or any other security breach related to the Service. If we determine that a security breach has occurred or is likely to occur, we may, but are not obligated to, suspend your accounts and require you to change your user names and passwords.

3. Document Upload, Storage and Confidentiality

After setting up your account, you can select the Files you want to upload and store. You can change or modify the Files you want to store whenever you want. You hereby grant to us a license: (i) to copy, store and cache Files that you choose to store; and (ii) to copy, transmit, publish, and distribute to Participants in your account, the Files as you so designate. In all cases, such license is granted solely for the purpose of providing the Service to you and all authorized Participants.

Your Files are not accessible by third parties unless you elect to make them available to others through the Service. We respect the privacy and confidentiality of your Files, so we agree never to disclose your Files to anyone unless you instruct us to do so or a court orders us to disclose them, as provided in our Privacy Policy.

4. Privacy

You agree that our collection, use and disclosure of your personal information, backup data or any other data will be governed by our Privacy Policy, which is incorporated into these Terms by reference.

5. Requirements to Use the Service

To use the Service, you need to have a computer with Internet access and, to use mobile phone features, you need a mobile phone and wireless plan with necessary wireless data features. Your use of mobile phone features may result in increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access Service. You must have all necessary rights to grant the licenses to us set forth in these Terms and you represent and warrant to us that you have such rights and that our exercise of the licenses will not violate applicable law or infringe or violate the rights of any party. You understand and agree that we may send you certain communications such as service announcements and administrative messages, and that you will not be able to opt out of receiving them.

6. Account Term, Termination and Fees

ALL ACCOUNTS ARE FOR AN ANNUAL TERM, OR IF PAYMENT IS MADE ON A MONTHLY BASIS, FOR A MONTHLY TERM, AND YOU ARE NOT ENTITLED TO ANY REFUND IF YOU TERMINATE YOUR ACCOUNT PRIOR TO THE EXPIRATION OF SUCH ANNUALOR MONTHLY TERM. (Some accounts that commenced prior to the effective date of these Terms may have been for a three-year term and such three year term will be available to renewing Account Owners for as long as they keep their account current and paid.)You must register with us to use the Service, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services. You agree to pay the account fees and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you use a credit cardor other electronic methodfor payment, you authorize us to automatically renew your account and charge the then-current renewal fees to the credit cardor other payment methodassociated with your account unless you notify us before expiration of your current term that you do not want to renew.

If you terminate your account prior to the expiration of a money-back guarantee period, if any, we will immediately and permanently delete your stored documents. After any money-back guarantee period, we will keep your stored documents and related information for as long as you have an account with us or until you delete them. If you let your account expire, you have sixty (60) days to reactivate your account and upon reactivation, you will have access to your documents as if your account had not expired. After your account has been expired for over sixty (60) days, unless we implement procedures described in section 9 below, we will place your documents in deep storage for a period of one (1) year and upon payment of a fees in effect at the time, we will transfer them to a new account as instructed by you. After expiration of the one (1) year period, your documents may be permanently deleted.

If you exceed the storage capacity allocated to your account, you agree that we may restrict your ability to upload additional Files until you reduce the number of Files stored with us or sign-up for additional storage capacity. Any fees for such additional storage capacity will be prorated for the period from when you sign-up for such additional storage to the expiration of your term and upon the annual renewal, such additional fees will be charged on an annual basis. Proration will be on a monthly basis, and any partial month will be considered a full month for the purpose of the proration. If you decide to reduce your storage capacity, we will refund the difference between the fees for the additional capacity and the fees for the capacity retained. Such refund will be calculated on a pro rata basis, and any partial month will not be included for the purpose of the proration.

7. License to Use the Service and Software

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Services.

You acknowledge that we or third parties own all right, title and interest in and to the Service, including all intellectual property rights. Except for the license granted in these Terms, we and our licensors retain all rights, and no implied licenses are granted to you. You specifically agree that you will not, nor will you permit another person to sublicense, lease, rent, loan, transfer or distribute any portion of the Service, modify, adapt, translate or create derivative works from the Service, decompile, reverse engineer, disassemble or otherwise attempt to derive source code or remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed on the Site or in the Software.

8. Service Limitations

We use reasonable efforts to make the Service available 7 days a week, 24 hours a day. However, we do not guarantee availability of the Service, shall not have any liability to you for any unavailability of the Service, and are under no obligation to provide you with maintenance, technical support or updates for the Service. We reserve the right to suspend access to your account if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of our Service or use of our Service by other customers.

9. Continuing Operations

In the event we decide to terminate the operation of the SafelyFiled services made available to members and participants, or if such operations are ordered to be terminated by a court of competent jurisdiction, then we agree as follows:

  1. To attempt to notify you via the email on record with us of a date of cessation of operations, such date not to be less than 60 days from the date of first attempted notice of such cessation;
  2. To maintain the availability of the website for you for the purpose of downloading or deleting files placed in your account;
  3. To continue to provide help desk services during normal business hours;
  4. To assist you in the download or deletion process;
  5. To maintain the confidentiality of your files via encryption or otherwise; and
  6. Unless we sell our operations, on or within 30 days from the date of cessation of operations set forth in the initial email notice of cessation of operations, or other later or earlier date as determined to be in your or our interests, to permanently destroy any and all your files and metadata that may remain on our servers.

We will attempt to obtain an insurance policy to provide funding for expenses incurred pursuant to the above agreement.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF WE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, OUR SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN PARTICULAR, WE, OUR SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE, ANY FILES AND METADATA RETRIEVED BY YOU AS THROUGH USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.

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 YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE STATEMENTS BELOW MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend and hold us and our officers, directors, members, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees, resulting from any violation or breach of these Terms by you, any activity related to access or use of your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your account and/or Files, or our authorized use of data, Files or other content provided by you or obtained by us as authorized by you under these Terms.

13. Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.

14. Additional Terms

These Terms and the relationship between you and us will be governed by the laws of the State of Illinois, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Chicago, Illinois to resolve any dispute or claim arising from these Terms. As to intellectual property rights, you specifically agree that we may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You may not assign or transfer any of your rights or obligations under these Terms to a third party without our prior written consent. We may freely assign this Agreement.

Terms of Service for SafelyMD

SafelyFiled.com, LLC, an Illinois Limited Liability Company ("we" or "us") provides a service, SafelyMD, that allows you (“you”) to upload medical and other information that you choose to upload (“Files”) from your computer(s) and/or other computing device(s)s or input medical and other information directly to the SafelyMD site, and to store and access them through the Internet. The Service (as described below) also permits you to attach information (Metadata) about each File to each File for the purpose of organizing and searching. SafelyMD may be provided as a stand-alone account or as part of a SafelyFiled Family Account, a SafelyFiledPro Lite Account or for a client through a SafelyFiled Professional Account.

These terms of service ("Terms") are a legal agreement between you, either an individual or a single legal entity ("You" or "you"), and us. These Terms govern your use of our online services ("Services"), our website (“Site”), and any other software provided by us, including mobile phone applications and any updates and any accompanying documentation ("Software"). Such Services, Site and Software are collectively referred to as the "Service".

By clicking the “I AGREE” or similar button, or using any Services, you agree to these Terms and our Privacy Policy referred to below. If you do not agree to these Terms or the Privacy Policy, then do not click the button indicating your acceptance and do not use the Service. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.

Furthermore, you acknowledge that the information and data input or uploaded to the “Public” portion of your account or any account you establish on behalf of any other person is intended to be accessible by any person with the ability to scan the QR code on the Emergency Medical Data card or input the name and password as printed on the Emergency Medical Data card. You also hereby grant us authority to release such data to any person with access to such QR code or name and password.

1. Purpose of the Service

The purpose of SafelyMD is to provide you with a way to give emergency medical technicians or medical emergency room personnel or any other emergency responder current information about your medical condition, your allergies, medications, contact and other information. It may also be used to store information for use in a non-emergency situation. Since you provide all the information, it is your responsibility to be as accurate as possible and you agree that SafelyFiled is not responsible for the quality, completeness or accuracy of any information you provide.

You may also use your SafelyMD account to store and share certain other information, such as medical powers of attorney, “Do Not Resuscitate” instructions or living wills.

2. Account Setup

To use the Service, you need to set up an account. The person setting up the account is the "Level 1" user or Account Owner. There can only be one Level 1 user on an account. (The definition of Level 1 user is set forth later in these Terms.) When you establish an account as a Level 1 user, we will prompt you for registration information, such as your name, email address, account password, and mailing address. We or our billing processors will collect your billing information. All of this registration information is protected by our Privacy Policy, the most current terms of which are incorporated by reference.

3. Description of Account

The Service permits you to share your Files and associated Metadata with others via a Medical Data Card. The Medical Data Card contains your name, a QR code that will provide any person with a QR or bar code scanner (usually found on smart phones) access to that information you have deemed to be public. It also has a name and password that if entered on the log in page or the SafelyMD site, with provide the person entering such name and password with access to those documents you have placed in the “Public” folders of your account.

Your account may contain up to 5 documents plus the Key Emergency Data file, which is to be filled out online. You may put as much or as little information in these documents as you determine prudent and useful. The folder named “Emergency Medical Data” is public and do not put any information in that folder that you do not want to have available to anyone who has access to your Emergency Medical Data card. The folder designated as “Private” is accessible only by you or a person who has access to your account name and password. The name and password on the Emergency Medical Data card will not provide access to those files you keep in your “Private” folders.

4. Certain Definitions

The following definitions may be modified from time to time by us. We will advise you of any significant changes to these definitions.

Level 1 user or Account Owner - This is the person with responsibility for the account. The Level 1 user establishes the account and is responsible for the accuracy of the data input or uploaded to the account. Only a Level 1 user can cancel his or her account.

Emergency - Anyone with a QR reader who has access to your current Emergency Medical Data card or anyone who has access to the name and password shown on your current Emergency Medical Data card can get access to the public information you have elected to share. This party is designated “Emergency” and you intend that such party or parties have access to the public files in your account

Personal Information – This is the information that is entered on the “Key Emergency Data” page. It is data about the person whose name is displayed as the first entry in the “Key Emergency Data” form. Provided you are authorized, you may enter information about yourself or anyone else. If you enter information about any other person (usually a child, spouse or parent) you hereby certify that you are doing so either as a guardian or parent for such person or that you have received explicit authorization to enter such information

Account and Membership – The terms, “account” and “membership” are used interchangeably throughout these Terms and within the SafelyFiled.com website. They are intended to have the same meaning.

5. Your Responsibilities

Intellectual Property - Files and other content in the Services may be protected by intellectual property rights of others. Do not copy, upload, download, or share files unless you have the right to do so. You, not we, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.

Ownership of Files- Only Level 1 users have any ownership interest in files uploaded to their SafelyFiled account and neither SafelyFiled nor any other party, have any rights to own, download, view or modify such files without the permission from such Level 1 user, and such permission may be delegated by such Level 1 user to any other party via procedures we establish and maintain as part of the Service.

Harmful or Illegal Files - You must not upload spyware or any other malicious software to the Service, use the Service in any way that violates any laws or regulations, or upload any Files containing content that violates any laws or regulations. In the event of any activities as described above, we may, but are not obligated to, terminate your account. There is no refund of any payments for any optional purchases made.

Corruption of Data - Your Files are stored encrypted and for transmission between your browser and our servers, are transmitted encrypted. However, if you or any other party with authority to upload Files utilize any other transmission method, such as email, your Files may be corrupted and their confidentiality may be compromised. Further, though we endeavor to reduce such possibility, you or any authorized party could upload Files that are corrupted and thus put at risk the privacy and integrity of your Files. Therefore, you, and not we, are responsible for maintaining and protecting all of your Files and Metadata. We will not be liable for any loss or corruption of your Files or Metadata, or for any costs or expenses associated with backing up or restoring any of your Files or Metadata.

Passwords and Security - You are responsible for keeping your passwords secure, and except for the name and password shown on the Emergency Medical Data card, you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts. If you lose your passwords or the encryption keys for your accounts, you may not be able to access your backup data. You must notify us immediately of any unauthorized use of your accounts or any other security breach related to the Service. If we determine that a security breach has occurred or is likely to occur, we may, but are not obligated to, suspend your accounts and require you to change your user names and passwords.

Input or Upload on Behalf of Others – You may establish an account for another person. Usually this would be a child, parent, spouse or a person for whom you act as a legal guardian, but it could be any other person. If you not establish such account as a part of a SafelyFiled Family account, to do so, you must establish a separate account and assume responsibility for any and all data uploaded or entered into such account. If you establish a SafelyMD account as a part of a SafelyFiled Family account, you assume responsibility for any and all data uploaded or entered into such account. You are also responsible for any violations of privacy that may be asserted by such person or any other person on his or her behalf. If you open an account and enter personal information on behalf of another person, your represent and warrant to us that such action has been taken at the request of such other party, or that you have the legal authority to do so and that such action is continually ratified until such account is closed. In the event such other party notifies us in writing that he or she desires to terminate the account established on his or her behalf, we may terminate or suspend such account and deny you access to it.

Lost or Stolen Emergency Medical Data Cards – In the event an Emergency Medical Data card is lost or stolen it is your obligation to immediately “Reset” the name and password and the QR code listed on such card. The Site provides the ability for you to do so quickly and instructions on how to reset such card.

6. Document Upload, Storage and Confidentiality

After setting up your account, you can select the Files you want to upload and store. You can change or modify the Files you want to store whenever you want. You hereby grant to us a license: (i) to copy, store and cache Files that you choose to store; and (ii) to copy, transmit, publish, and distribute to those parties you provide with access to your account, the Files as you so designate. In all cases, such license is granted solely for the purpose of providing the Service to you and all authorized parties who have access to such account or portions thereof.

Your Files are not accessible by third parties unless you elect to make them available to others through the Service. We respect the privacy and confidentiality of your Files, so we agree never to disclose your Files to anyone unless you instruct us to do so or a court orders us to disclose them, as provided in our Privacy Policy.

7. Privacy

You agree that our collection, use and disclosure of your personal information, backup data or any other data will be governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Requirements to Use the Service

To use the Service, you need to have a computer or smart phone with Internet access and, to use mobile phone features, you need a mobile phone and wireless plan with necessary wireless data features. Your use of mobile phone features may result in increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access Service. You must have all necessary rights to grant the licenses to us set forth in these Terms and you represent and warrant to us that you have such rights and that our exercise of the licenses will not violate applicable law or infringe or violate the rights of any party. You understand and agree that we may send you certain communications such as service announcements and administrative messages, and that you will not be able to opt out of receiving them.

9. Account Term, Termination and Fees

ALL ACCOUNTS THAT ARE NOT A PART OF A SafelyFiled FAMILY ACCOUNT ARE FOR AN ANNUAL TERM, AND YOU ARE NOT ENTITLED TO ANY REFUND IF YOU TERMINATE YOUR ACCOUNT PRIOR TO THE EXPIRATION OF SUCH TERM. ALL ACCOUNTS THAT ARE PART OF A SafelyFiled FAMILY ACCOUNT ARE SUBJECT TO THE ACCOUNT TERM, TERMINATION AND FEES OF THE SafelyFiled TERMS OF SERVICE, AS APPLICABLE.

You must register with us to use the Service, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Service. You agree to pay the account fees and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you use a credit card or other electronic method for payment, you authorize us to automatically renew your account and charge the then-current renewal fees to the credit card or other electronic method associated with your account unless you notify us before expiration of your current term that you do not want to renew.

If you terminate your account prior to the expiration of a money-back guarantee period, if any, we will immediately and permanently delete your stored documents. After any money-back guarantee period, we will keep your stored documents and related information for as long as you have an account with us or until you delete them. If you let your account expire, you have sixty (60) days to reactivate your account and upon reactivation, you will have access to your documents as if your account had not expired. After your account has been expired for over sixty (60) days, unless we implement procedures described in section 12 below, we will place your documents in deep storage for a period of one (1) year and upon payment of fees in effect at that time, we will transfer them to a new account as instructed by you. After expiration of the one (1) year period, your documents may be permanently deleted.

10. License to Use the Service and Software

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Services.

You acknowledge that we or third parties own all right, title and interest in and to the Service, including all intellectual property rights. Except for the license granted in these Terms, we and our licensors retain all rights, and no implied licenses are granted to you. You specifically agree that you will not, nor will you permit another person to sublicense, lease, rent, loan, transfer or distribute any portion of the Service, modify, adapt, translate or create derivative works from the Service, decompile, reverse engineer, disassemble or otherwise attempt to derive source code or remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed on the Site or in the Software.

11. Service Limitations

We use reasonable efforts to make the Service available 7 days a week 24 hours a day. However, we do not guarantee availability of the Service, shall not have any liability to you for any unavailability of the Service, and are under no obligation to provide you with maintenance, technical support or updates for the Service. We reserve the right to suspend access to your account if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of our Service or use of our Service by other customers.

12. Continuing Operations

In the event we decide to terminate the operation of the SafelyFiled services made available to members and participants, or if such operations are ordered to be terminated by a court of competent jurisdiction, then we agree as follows:

  1. To attempt to notify you via the email on record with us of a date of cessation of operations, such date not to be less than 60 days from the date of first attempted notice of such cessation;
  2. To maintain the availability of the website for you for the purpose of downloading or deleting files placed in your account;
  3. To continue to provide help desk services during normal business hours;
  4. To assist you in the download or deletion process;
  5. To maintain the confidentiality of your files via encryption or otherwise; and
  6. Unless we sell our operations, on or within 30 days from the date of cessation of operations set forth in the initial email notice of cessation of operations, or other later or earlier date as determined to be in your or our interests, to permanently destroy any and all your files and metadata that may remain on our servers.

We will attempt to obtain an insurance policy to provide funding for expenses incurred pursuant to the above agreement.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF WE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, OUR SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN PARTICULAR, WE, OUR SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE, ANY FILES AND METADATA RETRIEVED BY YOU AS THROUGH USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.

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 YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE STATEMENTS BELOW MAY NOT APPLY TO YOU.

15. Indemnification

You agree to indemnify, defend and hold us and our officers, directors, members, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees, resulting from any violation or breach of these Terms by you, any activity related to access or use of your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your account and/or Files, or our authorized use of data, Files or other content provided by you or obtained by us as authorized by you under these Terms.

16. Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.

17. Additional Terms

These Terms and the relationship between you and us will be governed by the laws of the State of Illinois, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Chicago, Illinois to resolve any dispute or claim arising from these Terms. As to intellectual property rights, you specifically agree that we may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You may not assign or transfer any of your rights or obligations under these Terms to a third party without our prior written consent. We may freely assign this Agreement.

Terms of Service for SafelyFiled Professional

SafelyFiled.com, LLC, an Illinois Limited Liability Company ("we" or "us") provides SafelyFiled Professional, an organization, file storage and sharing service that allows you (“you”) to upload your documents and folders or documents and folders of others (“Files”) from your computer(s) and/or other computing device(s)s and to store and access them through the Internet. Depending on your level of authority, the Service (as defined below) also permits you to attach information (Metadata) about each File to each File for the purpose of organization, searching, and reminders. The Service also permits you to share your Files and associated Metadata. The Service also permits you to view and/or download files of Participants if such Participants or their authorized agents have granted you such permission.

These terms of service ("Terms") are a legal agreement between you, either an individual or a single legal entity ("You" or "you"), and us. These Terms govern your use of our online services ("Services"), our website (“Site”), and any other software provided by us, including mobile phone applications and any updates and any accompanying documentation ("Software"). Such Services, Site and Software are collectively referred to as the "Service".

By clicking the “I AGREE” or similar button, or using any Services, you agree to these Terms and our Privacy Policy referred to below. If you do not agree to these Terms or the Privacy Policy, then do not click the button indicating your acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.

1. Account Setup — Sponsoring Accounts and Participants

Professional Accounts

To use the Service, you need to set up an account. The person setting up the account and agreeing to pay required fees and charges is designated the "Level 1" user. There can only be one Level 1 user on an account. (The definition of Level 1 is set forth later in these Terms and may be modified from time to time by us.) The Level 1 user may invite others to participate in his or her account. Such others are generally referred to as "Participants" and include the categories of "Level 2" user, "Level 3" user, "Level 4" user, "Level 5" user and "Level 6" user. (The definitions of each such Participant and authority are set forth later in these Terms and may be modified from time to time by us.) In some cases, a Participant may also invite others to participate in your account.

When you establish an account as a Level 1 user, we will prompt you for registration information, such as your name, email address, account password, and mailing address, and we or our billing processors will collect your billing information upon initial registration, All of this registration information is protected by our Privacy Policy, the most current terms of which are incorporated by reference.

When you participate in an account as a Participant, we will prompt you for registration information, such as your name, email address, account password, and mailing address. All of this registration information is protected by our Privacy Policy, the most current terms of which are incorporated by reference. All Participants agree to the applicable Terms of Service.

Sponsoring Accounts

SafelyFiled Family Accounts - You may provide and pay for an annual SafelyFiled Family account for another person. This account may be branded with your name and graphics, and other information that you upload for the purpose of branding. Such information and graphics must be compatible with our system requirements and not violate any other portion of these Terms of Service or our Privacy Policy.

When you establish such account, you will automatically be provided with the ability to upload, view and modify folders and documents in the account established for so long as the person for whom you establish the account, or his or her duly authorized agent, permits you to do so. Such permission may be withdrawn at any time by such person, and your obligation to pay for such account will not terminate if such permission is withdrawn. However, you may terminate your sponsorship at any time. Refunds will be in accordance with our refund policy in effect at the time of such termination. Such accounts will automatically renew for an annual period on their anniversary dates and you will be charged for such renewals at the rates in effect at the time of renewal. You may terminate a renewal account in the same manner as the initial account and such renewal will occur automatically even if the individual sponsored terminates your access to her account.

SafelyMD Accounts - You may provide and pay for an annual SafelyMD account for another person. This account and the Emergency Medical Data card may be branded with your name and other information that you upload for the purpose of branding. Such information must be compatible with our system requirements and not violate any other portion of these Terms of Service or our Privacy Policy.

When you establish such account, you may assist in the input of data of on behalf of such person, but upon release of the account to such person, you no longer have access to such account and the data therein. Such accounts are not cancelable and you are not entitled to any refund even if such accounts are cancelled, or never activated by the person for whom you’ve established such account. Such accounts will automatically renew for an annual period on their anniversary dates and you will be charged for such renewals at the rates in effect at the time of renewal.

Certain Definitions

The following definitions of levels of authority may be modified from time to time by us. We will advise you of any significant changes to these definitions.

  • Level 1 (also referred to as Account Owner) - This is the main person on the account. A Level 1 is the owner of the account and is responsible for all fees. The Level 1 has complete access to all aspects of the account and can invite others to participate in any capacity. Only a Level 1 can cancel an account.
  • Level 2 - A Level 2 has all the authority of Level 1, except a Level 2 cannot remove a Level 1. A Level 2 must have a name and password that is different from the Level 1’s.
  • Level 3 - A Level 3 has broad authority on the account. Usually, a Level 3 is somebody who is familiar with computers and can help upload documents, put them in appropriate folders and help find documents. A Level 3 can do anything a Level 2 can do except delete a document that he or she has not uploaded or appoint another Level 2 or Level 3. Each Level 3 must have his or her own name and password. There can be more than 1 Level 3 at any time.
  • Level 4 – A Level 4 is generally a member of your staff who has authority to upload and delete documents on behalf of you for your benefit or for the benefit of your clients or customers. A Level 4 can be given access to folders or documents by a Level 1, 2 or 3 on the account. A Level 4 cannot delete documents.
  • Level 5 - A Level 5 has the authority to view and download a documents or folder and has authority to upload documents into a folder
  • Level 6 – A level 6 has the authority to view and download a document only.

Participant – A participant is a term that describes all Level 2, Level 3, Level 4, Level 5 and Level 6 persons who have access to your account or a portion thereof. There is no limit as to the maximum number of participants you can have on your account, provided you pay the fees as established and modified from time to time.

Account and Membership – The terms, “account” and “membership” are used interchangeably throughout these Terms and within the SafelyFiled.com website. They are intended to have the same meaning.

2. Your Responsibilities

Intellectual Property

Files and other content in the Services may be protected by intellectual property rights of others. Do not copy, upload, download, or share files unless you have the right to do so. You, not we, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.

Ownership of Files

Only Level 1 participants have any ownership interest in files uploaded to their SafelyFiled Professional account and neither SafelyFiled nor any other party, including participants, have any rights to own, download, view or modify such files without the permission from such Level 1 or Level 2, and such permission may be delegated by such Level 1 or Level 2 to any other party via procedures we establish and maintain as part of the Service.

Ownership of Files for Sponsored Accounts

Only Level 1 participants of sponsored accounts have any ownership interest in files uploaded to their SafelyFiled account and neither SafelyFiled nor any other party, including participants, have any rights to own, download, view or modify such files without the permission from such Level 1 or Level 2, and such permission may be delegated by such Level 1 or Level 2 to any other party via procedures we establish and maintain as part of the Service.

Harmful or Illegal Files

You must not upload spyware or any other malicious software to the Service, use the Service in any way that violates any laws or regulations, or upload any Files containing content that violates any laws or regulations. In the event of any activities as described above, we may, but are not obligated to, terminate your account and refund of fees paid, retaining the prorata portion of fees earned prior to the termination date.

Corruption of Data

Your Files are stored encrypted and for transmission between your browser and our servers, are transmitted encrypted. However, if you or any Participant with authority to upload Files utilize any other transmission method, such as email, your Files may be corrupted and their confidentiality may be compromised. Further, though we endeavor to reduce such possibility, you or any authorized Participant could upload Files that are corrupted and thus put at risk the privacy and integrity of your Files. Therefore, you, and not we, are responsible for maintaining and protecting all of your Files and Metadata. We will not be liable for any loss or corruption of your Files or Metadata, or for any costs or expenses associated with backing up or restoring any of your Files or Metadata.

Passwords and Security

You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts. If you lose your passwords or the encryption keys for your accounts, you may not be able to access your backup data. You must notify us immediately of any unauthorized use of your accounts or any other security breach related to the Service. If we determine that a security breach has occurred or is likely to occur, we may, but are not obligated to, suspend your accounts and require you to change your user names and passwords.

3. Document Upload, Storage and Confidentiality

After setting up your account, you can select the Files you want to upload and store. You can change or modify the Files you want to store whenever you want. You hereby grant to us a license: (i) to copy, store and cache Files that you choose to store; and (ii) to copy, transmit, publish, and distribute to Participants in your account, the Files as you so designate. In all cases, such license is granted solely for the purpose of providing the Service to you and all authorized Participants.

Your Files are not accessible by third parties unless you elect to make them available to others through the Service. We respect the privacy and confidentiality of your Files, so we agree never to disclose your Files to anyone unless you instruct us to do so or a court orders us to disclose them, as provided in our Privacy Policy.

4. Privacy

You agree that our collection, use and disclosure of your personal information, backup data or any other data will be governed by our Privacy Policy, which is incorporated into these Terms by reference.

5. Requirements to Use the Service

To use the Service, you need to have a computer with Internet access and, to use mobile phone features, you need a mobile phone and wireless plan with necessary wireless data features. Your use of mobile phone features may result in increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access Service. You must have all necessary rights to grant the licenses to us set forth in these Terms and you represent and warrant to us that you have such rights and that our exercise of the licenses will not violate applicable law or infringe or violate the rights of any party. You understand and agree that we may send you certain communications such as service announcements and administrative messages, and that you will not be able to opt out of receiving them.

6. Account Term, Termination and Fees

ALL ACCOUNTS ARE FOR AN ANNUAL TERM, OR IF PAYMENT IS MADE ON A MONTHLY BASIS, FOR A MONTHLY TERM, AND YOU ARE NOT ENTITLED TO ANY REFUND IF YOU TERMINATE YOUR ACCOUNT PRIOR TO THE EXPIRATION OF SUCH ANNUAL OR MONTHLY TERM.

You must register with us to use the Service, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services. You agree to pay the account fees and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you use a credit card or other electronic method for payment, you authorize us to automatically renew your account, invoice for services according to the payment schedule in effect and charge the then-current renewal fees to the credit card or other electronic method associated with your account unless you notify us before expiration of your current term that you do not want to renew.

If you terminate your account prior to the expiration of a money-back guarantee period, if any, we will immediately and permanently delete your stored documents. After any money-back guarantee period, we will keep your stored documents and related information for as long as you have an account with us or until you delete them. If you let your account expire, you have sixty (60) days to reactivate your account and upon reactivation, you will have access to your documents as if your account had not expired. After your account has been expired for over sixty (60) days, unless we implement procedures described in section 9 below, we will place your documents in deep storage for a period of one (1) year and upon payment of fees in effect at that time, we will transfer them to a new account as instructed by you. Unless you notify us in writing to delete such documents at an earlier date, after expiration of the one (1) year period, or longer at our discretion, your documents may be permanently deleted.

If you become a sponsor for any other Account Owner your money-back guarantee period, if any, terminates on the date you became a sponsor and you are not entitled to any refund of any amounts paid, provided, however, that if all of the parties you sponsored agree to and effect payment to us for their membership, prior to the 30 days from the first date of your membership, then we will refund your payments, less any referral or other fee paid by us to you.

Upgrades and Downgrades

If you exceed the storage capacity allocated to your account, you agree that we may restrict your ability to upload additional Files until you reduce the number of Files or bytes stored with us or pay for additional storage capacity. Any fees for such additional storage capacity will be prorated for the period from when you sign-up for such additional storage to the expiration of your term and upon the annual renewal, such additional fees will be charged on an annual basis. Proration will be on a monthly basis, and any partial month will be considered a full month for the purpose of the proration. If you decide to reduce your storage capacity, we will refund the difference between the fees for the additional capacity and the fees for the capacity retained. Such refund will be calculated on a pro rata basis, and any partial month will not be included for the purpose of the proration.

7. License to Use the Service and Software

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Services.

You acknowledge that we or third parties own all right, title and interest in and to the Service, including all intellectual property rights. Except for the license granted in these Terms, we and our licensors retain all rights, and no implied licenses are granted to you. You specifically agree that you will not, nor will you permit another person to sublicense, lease, rent, loan, transfer or distribute any portion of the Service, modify, adapt, translate or create derivative works from the Service, decompile, reverse engineer, disassemble or otherwise attempt to derive source code or remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed on the Site or in the Software.

8. Service Limitations

We use reasonable efforts to make the Service available 7 days a week 24 hours a day. However, we do not guarantee availability of the Service, shall not have any liability to you for any unavailability of the Service, and are under no obligation to provide you with maintenance, technical support or updates for the Service. We reserve the right to suspend access to your account if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of our Service or use of our Service by other customers.

9. Continuing Operations

In the event we decide to terminate the operation of the SafelyFiled services made available to users and participants, or if such operations are ordered to be terminated by a court of competent jurisdiction, then we agree as follows:

  1. To attempt to notify you via the email on record with us of a date of cessation of operations, such date not to be less than 60 days from the date of first attempted notice of such cessation;
  2. To maintain the availability of the website for you for the purpose of downloading or deleting files placed in your account;
  3. To continue to provide help desk services during normal business hours;
  4. To assist you in the download or deletion process;
  5. To maintain the confidentiality of your files via encryption or otherwise; and
  6. Unless we sell our operations, on or within 30 days from the date of cessation of operations set forth in the initial email notice of cessation of operations, or other later or earlier date as determined to be in your or our interests, to permanently destroy any and all your files and metadata that may remain on our servers.

We will attempt to obtain an insurance policy to provide funding for expenses incurred pursuant to the above agreement.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF WE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, OUR SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN PARTICULAR, WE, OUR SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE, ANY FILES AND METADATA RETRIEVED BY YOU AS THROUGH USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.

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 YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE STATEMENTS BELOW MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend and hold us and our officers, directors, members, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees, resulting from any violation or breach of these Terms by you, any activity related to access or use of your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your account and/or Files, or our authorized use of data, Files or other content provided by you or obtained by us as authorized by you under these Terms.

13. Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.

14. Additional Terms

These Terms and the relationship between you and us will be governed by the laws of the State of Illinois, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Chicago, Illinois to resolve any dispute or claim arising from these Terms. As to intellectual property rights, you specifically agree that we may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You may not assign or transfer any of your rights or obligations under these Terms to a third party without our prior written consent. We may freely assign this Agreement.

Terms of Service for SafelyFiled Pro Lite

SafelyFiled.com, LLC, an Illinois Limited Liability Company ("we" or "us") provides SafelyFiled Pro Lite, an organization, file storage and sharing service that allows you (“you”) to upload your records, documents and folders or documents and folders of others (“Files”) from your computer(s) and/or other computing and scanning device(s and to store and access them through the Internet. Depending on your level of authority, the Service (as defined below) also permits you to attach information (Metadata) about each File to each File for the purpose of organization, searching, and reminders. The Service also permits you to share your Files and associated Metadata. The Service also permits you to view and/or download files if you have been granted permission to do so by an Account Owner or other person authorized directly or indirectly by the Account Owner to do so.

These terms of service ("Terms") are a legal agreement between you, either an individual or a single legal entity ("You" or "you"), and us. These Terms govern your use of our online services ("Services"), our website (“Site”), and any other software provided by us, including mobile phone applications and any updates and any accompanying documentation ("Software"). Such Services, Site and Software are collectively referred to as the "Service".

By clicking the “I AGREE” or similar button, or using any Services, you agree to these Terms and our Privacy Policy referred to below. If you do not agree to these Terms or the Privacy Policy, then do not click the button indicating your acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.

1. Account Setup — Members, Participants and Sponsors.

Pro Lite Accounts

To use the Service, you need to set up an account. The person setting up the account and agreeing to pay required fees and charges is designated the "Level 1" user or Account Owner. There can only be one Account Owner on an account. (The definition of Level 1 user is set forth later in these Terms and may be modified from time to time by us.) The Level 1 user may invite others to participate in his or her account. Such others are generally referred to as "Participants" and include the categories of "Level 2" user, "Level 3" user, "Level 4" user, "Level 5" user and "Level 6" user. (The definitions of each such participant and authority are set forth later in these Terms and may be modified from time to time by us.) In some cases, a Participant may also invite others to participate in your account.

When you establish an account as an Account Owner, we will prompt you for registration information, such as your name, email address, account password, and mailing address, and we or our billing processors will collect your billing information upon initial registration, All of this registration information is protected by our Privacy Policy, the most current terms of which are incorporated by reference.

When you participate in an account as a participant, we will prompt you for registration information, such as your name, email address, account password, and mailing address. All of this registration information is protected by our Privacy Policy, the most current terms of which are incorporated by reference. All participants agree to the applicable Terms of Service.

Sponsoring Accounts

SafelyFiled Family Accounts - You may provide and pay for a SafelyFiled Family account to another person. This account will be branded with your name and graphics, and other information that you upload for the purpose of branding. Such information and graphics must be compatible with our system requirements and not violate any other portion of these Terms of Service or our Privacy Policy.

When you establish such account, you will automatically be provided with the ability to upload, view and modify folders and documents in the account established for so long as the person for whom you establish the account, s/b is his or her duly authorized agent, permits you to do so. Such permission may be withdrawn at any time by such person, and your obligation to pay for such account will not terminate if such permission is withdrawn. However, you may terminate your sponsorship at any time. Refunds will be in accordance with our refund policy in effect at the time of such termination.

Certain Definitions

The following definitions may be modified from time to time by us. We will advise you of any significant changes to these definitions.

  • Level 1 (formerly called Member and also referred to as Account Owner) - This is the main person on the account. A Level 1 is the owner of the account and is responsible for all fees. The Level 1 has complete access to all aspects of the account and can invite others to participate in any capacity. Only a Level 1 can cancel an account.
  • Level 2 (formerly called Co-member) - A Level 2 has all the authority of Level 1, except a Level 2 cannot remove a Level 1. A Level 2 must have a name and password that is different from the Level 1’s.
  • Level 3 (formerly called Associate) - A Level 3 has broad authority on the account. Usually, a Level 3 is somebody who is familiar with computers and can help upload documents, put them in appropriate folders and help find documents. A Level 3 can do anything a Level 2 can do except delete a document that he or she has not uploaded or appoint another Level 2 or Level 3. Each Level 3 must have his or her own name and password. There can be more than 1 Level 3 at any time.
  • Level 4 (formerly called Sponsor) – A Level 4 is generally a member of your staff who has authority to upload documents on behalf of you for your benefit or for the benefit of your clients or customers. A Level 4 can be given access to folders or documents by a Level 1, 2 or 3 on the account. A Level 4 cannot delete documents.
  • Level 5 (formerly called Authorized Professional) - A Level 5 has the authority to view and download a documents or folder and has authority to upload documents into a folder.
  • Level 6 – A level 6 has the authority to view and download a document only.

Participant – A participant is a term that describes all Level 2, Level 3, Level 4, Level 5 and Level 6 persons who have access to your account or a portion thereof. You are permitted to have up to 50 Participants on your account.

Account and Membership – The terms, “account” and “membership” are used interchangeably throughout these Terms and within the SafelyFiled.com website. They are intended to have the same meaning.

2. Your Responsibilities

Intellectual Property

Files and other content in the Services may be protected by intellectual property rights of others. Do not copy, upload, download, or share files unless you have the right to do so. You, not we, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.

Ownership of Files

Only Account Owners have any ownership interest in files uploaded to their SafelyFiled Pro Lite account and neither SafelyFiled nor any other party, including Participants of any other level,, have any rights to own, download, view or modify such files without the permission from such Level 1 or Level 2 user,, and such permission may be delegated by such Level 1 or Level 2 user to any other party via procedures we establish and maintain as part of the Service.

Harmful or Illegal Files

You must not upload spyware or any other malicious software to the Service, use the Service in any way that violates any laws or regulations, or upload any Files containing content that violates any laws or regulations. In the event of any activities as described above, we may, but are not obligated to, terminate your account and refund of fees paid, retaining the prorata portion of fees earned prior to the termination date.

Corruption of Data

Your Files are stored encrypted and for transmission between your browser and our servers, are transmitted encrypted. However, if you or any Participant with authority to upload Files utilize any other transmission method, such as email, your Files may be corrupted and their confidentiality may be compromised. Further, though we endeavor to reduce such possibility, you or any authorized Participant could upload Files that are corrupted and thus put at risk the privacy and integrity of your Files. Therefore, you, and not we, are responsible for maintaining and protecting all of your Files and Metadata. We will not be liable for any loss or corruption of your Files or Metadata, or for any costs or expenses associated with backing up or restoring any of your Files or Metadata.

Passwords and Security

You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts. If you lose your passwords or the encryption keys for your accounts, you may not be able to access your backup data. You must notify us immediately of any unauthorized use of your accounts or any other security breach related to the Service. If we determine that a security breach has occurred or is likely to occur, we may, but are not obligated to, suspend your accounts and require you to change your user names and passwords.

3. Document Upload, Storage and Confidentiality

After setting up your account, you can select the Files you want to upload and store. You can change or modify the Files you want to store whenever you want. You hereby grant to us a license: (i) to copy, store and cache Files that you choose to store; and (ii) to copy, transmit, publish, and distribute to Participants in your account, the Files as you so designate. In all cases, such license is granted solely for the purpose of providing the Service to you and all authorized Participants.

Your Files are not accessible by third parties unless you elect to make them available to others through the Service. We respect the privacy and confidentiality of your Files, so we agree never to disclose your Files to anyone unless you instruct us to do so or a court orders us to disclose them, as provided in our Privacy Policy.

4. Privacy

You agree that our collection, use and disclosure of your personal information, backup data or any other data will be governed by our Privacy Policy, which is incorporated into these Terms by reference.

5. Requirements to Use the Service

To use the Service, you need to have a computer with Internet access and, to use mobile phone features, you need a mobile phone and wireless plan with necessary wireless data features. Your use of mobile phone features may result in increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access Service. You must have all necessary rights to grant the licenses to us set forth in these Terms and you represent and warrant to us that you have such rights and that our exercise of the licenses will not violate applicable law or infringe or violate the rights of any party. You understand and agree that we may send you certain communications such as service announcements and administrative messages, and that you will not be able to opt out of receiving them.

6. Account Term, Termination and Fees

ALL ACCOUNTS ARE FOR AN ANNUAL TERM, OR IF PAYMENT IS MADE ON A MONTHLY BASIS, FOR A MONTHLY TERM, AND YOU ARE NOT ENTITLED TO ANY REFUND IF YOU TERMINATE YOUR ACCOUNT PRIOR TO THE EXPIRATION OF SUCH ANNUAL OR MONTHLY TERM. (Some accounts that commenced prior to the effective date of these Terms may have been for a three-year term and such three year term will be available to renewing Account Owners for as long as they keep their account current and paid.)

You must register with us to use the Service, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services. You agree to pay the account fees and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you use a credit card or other electronic method for payment, you authorize us to automatically renew your account and charge the then-current renewal fees to the credit card or other electronic method associated with your account unless you notify us before expiration of your current term that you do not want to renew.

If you terminate your account prior to the expiration of a money-back guarantee period, if any, we will immediately and permanently delete your stored documents. After any money-back guarantee period, we will keep your stored documents and related information for as long as you have an account with us or until you delete them. If you let your account expire, you have sixty (60) days to reactivate your account and upon reactivation, you will have access to your documents as if your account had not expired. After your account has been expired for over sixty (60) days, unless we implement procedures described in section 9 below, we will place your documents in deep storage for a period of one (1) year and upon payment of fees in effect at the time, we will transfer them to a new account as instructed by you. Unless you notify us in writing to delete such documents at an earlier date, after expiration of the one (1) year period, or longer at our discretion, your documents may be permanently deleted.

If you become a sponsor for any other member your money-back guarantee period terminates on the date you became a sponsor and you are not entitled to any refund of any amounts paid, provided, however, that if all of the parties you sponsored agree to and effect payment to us for their membership, prior to the 30 days from the first date of your membership, then we will refund your payments, less any referral or other fee paid by us to you.

Upgrades and Downgrades

If you exceed the storage capacity allocated to your account, you agree that we may restrict your ability to upload additional Files until you reduce the number of Files stored with us or sign-up for additional storage capacity. Any fees for such additional storage capacity will be prorated for the period from when you sign-up for such additional storage to the expiration of your term and upon the annual renewal, such additional fees will be charged on an annual basis. Proration will be on a monthly basis, and any partial month will be considered a full month for the purpose of the proration. If you decide to reduce your storage capacity, we will refund the difference between the fees for the additional capacity and the fees for the capacity retained. Such refund will be calculated on a pro rata basis, and any partial month will not be included for the purpose of the proration.

7. License to Use the Service and Software

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Services.

You acknowledge that we or third parties own all right, title and interest in and to the Service, including all intellectual property rights. Except for the license granted in these Terms, we and our licensors retain all rights, and no implied licenses are granted to you. You specifically agree that you will not, nor will you permit another person to sublicense, lease, rent, loan, transfer or distribute any portion of the Service, modify, adapt, translate or create derivative works from the Service, decompile, reverse engineer, disassemble or otherwise attempt to derive source code or remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed on the Site or in the Software.

8. Service Limitations

We use reasonable efforts to make the Service available 7 days a week 24 hours a day. However, we do not guarantee availability of the Service, shall not have any liability to you for any unavailability of the Service, and are under no obligation to provide you with maintenance, technical support or updates for the Service. We reserve the right to suspend access to your account if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of our Service or use of our Service by other customers.

9. Continuing Operations

In the event we decide to terminate the operation of the SafelyFiled services made available to users and participants, or if such operations are ordered to be terminated by a court of competent jurisdiction, then we agree as follows:

  1. To attempt to notify you via the email on record with us of a date of cessation of operations, such date not to be less than 60 days from the date of first attempted notice of such cessation;
  2. To maintain the availability of the website for you for the purpose of downloading or deleting files placed in your account;
  3. To continue to provide help desk services during normal business hours;
  4. To assist you in the download or deletion process;
  5. To maintain the confidentiality of your files via encryption or otherwise; and
  6. Unless we sell our operations, on or within 30 days from the date of cessation of operations set forth in the initial email notice of cessation of operations, or other later or earlier date as determined to be in your or our interests, to permanently destroy any and all your files and metadata that may remain on our servers.

We will attempt to obtain an insurance policy to provide funding for expenses incurred pursuant to the above agreement.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF WE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, OUR SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN PARTICULAR, WE, OUR SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE, ANY FILES AND METADATA RETRIEVED BY YOU AS THROUGH USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.

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 YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE STATEMENTS BELOW MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend and hold us and our officers, directors, members, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees, resulting from any violation or breach of these Terms by you, any activity related to access or use of your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your account and/or Files, or our authorized use of data, Files or other content provided by you or obtained by us as authorized by you under these Terms.

13. Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.

14. Additional Terms

These Terms and the relationship between you and us will be governed by the laws of the State of Illinois, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Chicago, Illinois to resolve any dispute or claim arising from these Terms. As to intellectual property rights, you specifically agree that we may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You may not assign or transfer any of your rights or obligations under these Terms to a third party without our prior written consent. We may freely assign this Agreement.

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Talk to our team.

Give us a call, or email us. A member of the SafelyFiled team can help you with any questions you may have before getting started!

888.686.3111

info@safelyfiled.com

Sign up today! Free Checklists

Talk to our team.

Give us a call, or . A member of the SafelyFiled team can help you with any questions you may have before getting started!

888.686.3111