The website located at www.ivorysafe.com and the Ivorysafe app are copyrighted works belonging to IVORYSAFE LLC (“us”, “our”, and “we”). Certain features of our website and app (collectively referred to in these Terms of Use as the “Site”), and our other products and services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or the applicable app store in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. These Terms apply to persons who (i) open an Account or upload Deposit Materials to the Site (“Subscribed Users”), (ii) are authorized by a Subscribed User to have access to Deposit Materials (“Emergency Contacts”); or (iii) otherwise use or attempt to use the Site (collectively, “Users”, “you” and “your”).
THESE TERMS OF USE (THESE “TERMS”) STATE THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN USE OF THE SITE, AND OTHER WEBSITES AND APPS OWNED BY US, OUR ONLINE PLATFORM, AND ALL ASSOCIATED PRODUCTS AND SERVICES (COLLECTIVELY, THE “SERVICES”). THESE TERMS GOVERN: (I) YOUR USE OF THE SERVICES; AND (II) THE USE OF THE SERVICES BY EMERGENCY CONTACTS AUTHORIZED BY YOU TO ACCESS TO YOUR DEPOSIT MATERIALS. BY ACCESSING OR USING THE SITE OR THE SERVICES, OR ESTABLISHING AN ACCOUNT, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS AND PROVIDE INFORMATION REGARDING YOURSELF AND YOUR EMERGENCY CONTACTS AND UPLOAD YOUR DEPOSIT MATERIALS.
YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE OR THE SERVICES.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 11.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. ACCOUNTS
1.1 Account Creation -- Subscribed Users. In order to use the document repository on the Site, a Subscribed User must register for an account (collectively “Account”) and provide certain information about himself or herself and his or her Emergency Contacts, as prompted by the Account registration process. As a Subscribed User, you represent and warrant that: (i) all required registration information you submit is truthful and accurate; (ii) you have obtained any necessary permissions and have the right to submit the registration information and deposit materials, (iii) you authorize us to allow your Emergency Contacts to access your deposit materials under the circumstances and for the purposes contemplated by these Terms, and (iv) you will maintain the accuracy of all information submitted. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with Section 9.
1.2 Account Creation – Emergency Contacts. As part of establishing or updating an Account, the Subscribed User will be able to designate the name, email address and contact information of one or more Emergency Contacts who shall have the right to access the deposit materials under the circumstances contemplated in these Terms. As a Emergency Contact, you will, once the Subscribed User provides the necessary information, receive an automatically-generated email message notifying you that the Account has been established and that you must complete the on-line registration as a Emergency Contact. If you do not complete the online registration process and accept these Terms, you will not be permitted to access the Account or the Deposit Materials.
1.3 Account Responsibilities -- Security. Whether you are a Subscribed User or Emergency Contact, you are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your login ID. We may assume that any person who accesses your Account using
your Subscribed User login credentials has the legal authority to do so and has legal authority to act on your behalf or on behalf of your estate (including after any Life Event). While we work to protect the security of all content and accounts, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. You agree to notify us immediately of any unauthorized use, or suspected unauthorized use, of your login ID or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
1.4 Account Responsibility – Operation.
(a) As a Subscribed User, you are solely responsible for the content of the Deposit Materials you upload to the Site and for the accuracy of information regarding your Emergency Contacts. You may update your Deposit Materials and information regarding your Emergency Contacts at any time. YOUR DEPOSIT MATERIALS ARE SUBMITTED USING END-TO-END ENCRYPTION. THUS, WE DO NOT HAVE THE ABILITY, NOR DO WE INTEND, TO REVIEW OR MONITOR YOUR DEPOSIT MATERIALS.
(b) Your Account is intended for your sole and exclusive use until a Life Event has occurred. Upon the occurrence of your death, permanent disability, declaration of incompetency, or other life event specified in your Account registration information (a “Life Event”), your Emergency Contact may notify us of same and request access to your Deposit Materials (an “Access Request”). We do not independently verify that a Life Event has occurred. Once we receive an Access Request, we will send notice of same to the most recent contact information we have on file for you. There will then be a waiting period before your Emergency Contact is given access equal to the number of days, weeks, or months specified in your Account registration information. If you respond to our email by 5:00 p.m., Atlanta, Georgia time on the last day of the waiting period, with instructions that we are not to allow access to the Deposit Materials, we will not provide access. If you do not respond within that time, we may assume that the Life Event has occurred, and we are authorized to allow access to your Emergency Contact. We may deactivate your Account and delete all of your Deposit Materials from the Site at any time after the one (1) year anniversary of the date we have notified you that access to Deposit Materials has been requested by your Emergency Contact.
(c) Subscribed Users should be aware that probate courts and other legal institutions in many US jurisdictions do not allow the use of digital copies of testamentary documents, real estate related instruments, or other legal documents, or only allow their use under extraordinary circumstances. While you may include a digital copy of your estate planning documents and other important legal documents in your Deposit Materials, it is strongly recommended that you keep the originals in fireproof safe, security deposit box, or other secure location, and include instructions as to how to access those originals in your Deposit Materials.
2. ACCESS TO THE SITE
2.1 License. Subject to these Terms, you are hereby granted a non-transferable, non-exclusive, revocable, limited license to use and access the Site. Our Service is a subscription service requiring the payment of fees. As a Subscribed User, you hereby agree to pay all applicable fees, as described on the Site, in connection with the Services you select. You also hereby authorize us automatically to charge your credit card account for any and all fees you incur in using the Site or Services, without the need to provide any further notice to you of the fees so incurred. We reserve the right to change its price list and to institute new charges at any time. Your use of the Services following such changes constitutes your acceptance of any new or increased charges.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (iii) you shall not access
the Site in order to build a similar or competitive website, product, or service; and (iv) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. The technology and software underlying the Site or accessible in connection therewith are our property or that of our affiliates or licensors (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof. You may not access, tamper with, or use non-public areas of the Site or our systems. Certain portions of the Site may not be accessible if you have not registered for an Account.
WE DO NOT ATTEMPT TO VERIFY ACCOUNT REGISTRATION INFORMATION, THE VALIDITY OF ANY ACCESS REQUEST, OR THE CONTENT OF ANY DEPOSIT MATERIALS.
2.3 Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. We reserve the right at our sole discretion to terminate or suspend any Account or make use of any operational, technological, legal or other means available to enforce these Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing, we expressly reserve the right to terminate or suspend your Account without notice (i) for violating these terms, (ii) due to your conduct through the Services, or your conduct with other Users of the Service (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, (iii) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (iv) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any service or features for which you have already paid.
2.4 No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Site.
2.5 Ownership. Excluding any Account registration information and Deposit Materials that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by us or our licensors. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. We reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
We are headquartered in the United States and the Site and Services are made available only for Users in the United States. If you access or use the Site or the Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws.
3. CONTENT
3.1 You are solely responsible for your interactions with your Emergency Contacts and other individuals regarding your Deposit Materials and your Account, including where you share access to your Deposit Materials or your Account with other individuals, either via the features available in the Services, or by sharing your Account login ID.
3.2 You are also solely responsible for the content of the Deposit Materials you upload to our servers, and by using our Site and Services, you agree to abide by the rules related to any content you upload to or generate in relation to your Account. We reserve the right, but have no obligation, to monitor disputes and interactions between you and other Users. We shall have no liability for your interactions with other Users, or for any User's action or inaction.
3.3 You may only create an account on behalf of yourself, or yourself and a spouse or legally recognized domestic partner (“Spouse”). You may only open an Account under your own proper name. If you create an account on behalf of yourself and a Spouse, you represent you have permission to enter the information and designations on behalf of your Spouse, with their explicit permission and at their exact direction. In the event of dissolution of your marriage or civil union, a Spouse may contact member support to establish his or her own separate Account, and fees may apply to the creation of a new account, with new Deposit Materials.
3.4 Our Services are intended for use by the individual named as the owner of the Account, and we are not liable or responsible for improper use of the Site or Services. We disclaim any and all liability with regard to any unsanctioned use of the Site or Services. You retain exclusive ownership of the Deposit Materials you upload to the Site, and you may remove any content you upload to the Site’s secure servers at any time. You agree that you are responsible for controlling the usage of your Deposit Materials through the Services. Any personal or financial information about yourself that is included in the Deposit Materials is at your own risk. You assume all risks associated with use of your Deposit Materials, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Deposit Materials that personally identifies you or any third party. You are solely responsible for creating and maintaining the originals or your own backup copies of your Deposit Materials if you desire. You agree you are responsible and liable for your Deposit Materials and will indemnify, defend, release, and hold us harmless from any claims made in connection with your Deposit Materials.
3.5 License. You hereby grant (and you represent and warrant that you have the right to grant) to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license and permission to release your Deposit Materials to your Emergency Contacts in accordance with these Terms. Upon the occurrence or deemed occurrence of a Life Event, your Emergency Contacts shall have the right to access, download, reproduce and distribute your Deposit Materials. We shall be under no obligation to enforce any specific directives or instructions limiting the use of your Deposit Materials by your Emergency Contacts.
3.6 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (iii) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (iv) harass or interfere with any other User’s use and enjoyment of the Site; or (v) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site.
3.7 Enforcement. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Deposit Materials, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.
3.8 Feedback. If you choose to submit comments, ideas or feedback (“Feedback”) regarding our Site or the Services, you agree that we are free to use such Feedback without any restriction or compensation to you. By accepting your submission, we do not waive any rights to use similar or related Feedback previously known to us, developed by our employees, or obtained from sources other than you. We will treat any Feedback you provide to us as non-confidential and non-proprietary.
4. INDEMNIFICATION.
You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your Deposit Materials. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. THIRD-PARTY LINKS & OTHER CONTENT
5.1 Third-Party Services and Websites. The Site may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Site via various online Third-Party Services, such as social media and social networking services like FaceBook or LinkedIn. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate yourself or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. We have no control over and are not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third- Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You will be responsible for any and all costs and charges associated with your use of any Third-Party Services. We enable these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Site are between you and the third party. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
5.2 Other Content. Each Subscribed User is solely responsible for any and all of his or her Deposit Materials. Because we do not control or have access to User content, you acknowledge and agree that we are not responsible for it, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, legality, or quality of any User content on the Site.
5.3 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site, your Deposit Materials, or any other content (including any interactions with, or act or omission of, other Site Users or any Third-Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may provide you with emails, text messages, push notifications, alerts, and other messages related to the Site, such as enhancements, offers, products, events, and other promotions. After signing up for our services, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts
from the Site, you may opt-out by changing your notification settings under Settings on your profile. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt-out by either following the specific instructions included in such communications or by emailing us with your request at support@ivorysafe.com.
7. DISCLAIMERS
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT THE SERVICES, THE SITE, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. IVORYSAFE LLC IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER.
8. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
9. TERM AND TERMINATION.
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your Deposit Materials associated with your Account from our live databases. We will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your Deposit Materials. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 11.
You agree that we may, in our sole discretion, suspend or terminate your Account (or any part thereof) or use of the Site and remove and discard any Deposit Materials on the Site, for any reason, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Site and all related information and content. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Site.
10. DIGITAL MILLENNIUM COPYRIGHT ACT
We have adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users of our online Site who are repeat infringers of intellectual property rights, including copyrights.
If you believe any User-supplied content (including Deposit Materials) infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to our Copyright Agent as identified below, including the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Any DMCA Takedown Notices should be sent to our Copyright Agent: Our designated Copyright Agent is: Nate Harris Address of Agent: 12401 S 450 E., Ste F1, Draper, UT 84020 Telephone: 801-600-3111 Email: admin@ivorysafe.com
11. GENERAL
11.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that is what we decide. We may use other reasonable means to inform you of material changes to these Terms as well. You should regularly check this page for notice of any changes – we want our Users to be as informed as possible. We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the new updated Terms. If you do not agree to the new terms, please stop using the Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by us that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users or beneficiaries of services or goods provided under the Terms. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
(b) No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL OR ORGANIZATIONAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(c) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: IVORYSAFE LLC, 12401 S 450 E, STE F1, Draper, UT 84020. After the Notice is received, you and we may attempt to resolve the claim or dispute informally. If you and we do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(d) Arbitration Rules. Arbitration shall be initiated through the Judicial Arbitration and Mediation Service (“JAMS”) or another mutually-agreeable established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. All proceedings will be in English in the metropolitan, Atlanta, Georgia area. The decision of the arbitrator will be binding and conclusive on the parties, and each party will comply with such decision in good faith. Notwithstanding the foregoing, judgment on the award by the arbitrator may be entered in any state or federal court located in any court having competent jurisdiction, and each party shall have the right to seek injunctive or other equitable relief from any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(e) Time Limits. If you or we pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim).
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, THE PARTIES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
(m) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(n) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
11.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations.
11.4 Disclosures. We are located at the address in Section 11.10. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
11.5 Electronic Communications. The communications between you and us use electronic means, whether you use the Site or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
11.6 User Disputes. Your interactions with other Users are solely between you and such Users. You agree that we will not be responsible for any liability, loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other User, we are under no obligation to become involved. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other User of the Site. If any conflict, disagreement or dispute arises between, among, or involving any Subscribed User and any Emergency Contact or other person purporting to having any right or claim with respect to any Deposit Materials, or we are unable to determine the action to be taken hereunder, we are authorized file an interpleader action and tender the Deposit Materials in any court of competent jurisdiction, and upon the filing thereof, we shall be relieved of all liability as to the Deposit Materials and shall be entitled to recover attorneys’ fees, expenses and other costs incurred in commencing and maintaining any such interpleader action. We shall be entitled to act on any court order without further question, inquiry, or consent.
11.7 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
11.8 Copyright/Trademark Information. Copyright © 2026 IVORYSAFE LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
11.9 Governing Law and Forum.
Your access to the Site, your Deposit Materials and Account, any claims arising from or related to your relationship with us, and these Terms, are governed and interpreted by the laws of the State of Georgia. All claims arising out of or relating to these Terms and/or your relationship with us that for whatever reason are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be litigated exclusively in the federal or state courts of Fulton County, Georgia. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum.
11.10 Contact Information:
IVORYSAFE LLC 12401 S 450 E. Suite F1 Draper, UT 84020
Email: admin@ivorysafe.com