Terms of Use

THE SHARESECURE SERVICE (THE “SERVICE”) IS A PROPRIETARY SERVICE OFFERED BY ALTVIA SOLUTIONS, LLC (“COMPANY”, “US”, “OUR”, AND “WE”) AS ARRANGED AND LICENSED BY ONE OR MORE OF ITS THIRD PARTY PARTNERS (EACH AN “ORGANIZATION”). These Terms of Use (these “Terms of Service” or “Terms”) set forth the legally binding terms and conditions that govern your use of the Services. By accessing or using the Service, you are accepting these Terms of Service (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms, do not access, download, and/or use the Service. Company reserves the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service.

Use of the Service

1.1 Eligibility. The Service allows users to upload, download, edit and share files, reports and other documents and materials (each, a “File”). You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Company.

1.2 User Account. Registration is required in order to use the Service. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Company and Organization immediately of any unauthorized use of your account or any other breach of security. Neither Company nor Organization will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or Organization or another party due to someone else using your account or password. Only one user may use each user name. We reserve the right to terminate any username and password, which we reasonably determine may have been used by an unauthorized third party. You may not use anyone else’s account at any time, without the express permission of the account holder and Company.

1.3 Service Rules. You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Company grants the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. You are solely responsible for your interactions with other users of the Service. Company shall have no liability for your interactions with other users, or for any user’s action or inaction.

Proprietary Rights.

Company retains sole and exclusive ownership of all rights, title and interests in the Service and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Service. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Company reserves all rights not expressly granted herein in the Service. Company may terminate this license at any time for any reason or no reason. The rights granted to you in these Terms of Service are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms of Service. All copyright and other proprietary notices displayed in connection with the Service (or on any content) must be retained on all copies thereof.

User Content.

The Service enables you (and other users) to add, create, submit, distribute or post certain content and materials, including, without limitation, text, photos, data, graphics, Files and other information (collectively, “User Content”). You hereby grant to Company a non-exclusive, worldwide, royalty-free, fully-paid, sub-licensable and transferable license to use, copy, display and transfer your User Content for the limited purposes of providing the Service to you and performing Company’s obligations hereunder. Subject to the rights granted in these Terms, as between you and Company, you retain all right, title and interest in and to your User Content, and Company acknowledges that it neither owns nor acquires any additional rights in and to such User Content not expressly granted by these Terms. You represent and warrant that you have all rights and permissions necessary to provide your User Content to Company for use as expressly permitted under these Terms. Without limiting the generality of the foregoing, you additionally represent and warrant that the your User Content does not and will not (a) infringe any third party copyright, patent, trademark or other intellectual or proprietary rights; (b) violate any right of privacy or publicity of any person, whether contractual, statutory, common law or otherwise; (c) contain any material that is obscene, child pornographic or harmful to minors; or (d) contain any defamatory, trade libelous, unlawfully threatening or unlawfully harassing material. You shall retain sole responsibility for ensuring the recoverability of your User Content in the event such User Content becomes corrupted, compromised, deleted and/or destroyed. You shall independently create and maintain, at your own expense, a backup of all of your User Content. You understand that when using the Service, you may be exposed to User Content submitted by other users, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Content. You may be exposed to User Content of others that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Company (and Organization) with respect thereto.

Feedback.

If you provide Company with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

External Websites.

The Service may contain links to third-party websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.

Investment Advice Disclaimer.

All information displayed through the Service, including, without limitation, all financial or other information about Company or Organization, is for convenience and general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Service, you should consult with a financial professional.

Copyright Policy – DMCA Notice.

It is Company’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent:

Attn: Copyright Agent
Altvia Solutions, LLC
590 Burbank Street, Unit 220
Broomfield, CO 80020
1-800-914-9120

Company may at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Indemnity.

You agree to defend, indemnify and hold harmless Company and Organization and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service, including any User Content transmitted or received by you; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (d) your violation of any applicable law, rule or regulation; or (e) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

No Warranty.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY, ORGANIATION AND THEIR RESPECTIVE SUBSIDIARIES AND LICENSORS DO NOT WARRANT THAT THE CONTENT DISPLAYED THROUGH THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ORGANIZATION, THEIR AFFILIATES, OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR OGRANIZATION ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO TEN THOUSAND US DOLLARS (U.S. $10,000).

Changes to the Terms of Service.

These Terms of Service are subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes through the Service. Any material changes to these Terms of Service will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes through the Service. These changes will be effective immediately for new users of the Service. Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address. In any event, changes to these Terms of Service may affect our use of information that you provided us (including User Content) prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information (including User Content), you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of the Service 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.

Updates.

You agree that Company is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the Service (each an “Update”). However, in the event Company decides to offer an Update, you agree that Company may amend these Terms in connection with such Update and that your use of the Update is conditioned upon your acceptance of any revised Terms. You may not use any Update unless you agree to the then-current version of the Terms.

Changes to the Terms of Service.

Privacy Policy.

Company respects the privacy of others. Any information that you provide to Company through the Service is subject to Company’s Privacy Policy which can be found at https://www.sharesecurely.com/privacy-policy/ and is hereby incorporated by reference. Your use of the Service constitutes your consent to the collection and use of your personal information, as described in the Privacy Policy.

Termination.

Company may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately. Upon any termination, you shall cease all use of the Service. Such termination may result in the destruction of all information and data associated with your account (including your User Content). If you wish to terminate your account, you may do so by sending Company an email to info@altvia.com specifying your request and providing Company with your name and email address. If you terminate your account, your profile will be removed from the Service, however, deletion may not be immediate and Company may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.

Third Party Beneficiaries.

You agree that Organization is a third party beneficiary of these Terms and that, upon your acceptance of the terms and conditions of these Terms, Organization will have the right (and will be deemed to have accepted the right) to enforce applicable portions of these Terms against you, the end-user, as a third party beneficiary thereof. These Terms are otherwise for the sole benefit of the parties hereto and their successors and permitted assigns and nothing herein express or implied shall give or be construed to give any person other than the parties hereto any legal or equitable rights hereunder.

Governing Law and Dispute Resolution.

These Terms of Service shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Company has not adhered to these Terms, please contact us by e-mail at info@altvia.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Company are unable to reach a resolution to the dispute, you and Company will settle the dispute exclusively under the rules of the Judicial Arbiter Group (JAG) in Denver, Colorado.

Entire Terms.

These Terms of Service constitute the entire agreement between you and us regarding the use of the Service. 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 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 Company 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 Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in these Terms of Service shall be binding upon assignees.

Copyright/Trademark Information.

Copyright © 2015, Altvia Solutions, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed through the Service 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.

Contact Information.

Company welcomes your comments or questions regarding these Terms of Service. Please e-mail us at info@altvia.com or contact us at the following address:

Altvia Solutions, LLC
590 Burbank Street, Unit 220
Broomfield, CO 80020

These Terms of Use were last revised on January 28, 2014.