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$PIEX Research Report ( MUST READ ) http://americaninvestorsforecast.com/americas-top-micro-cap-stocks/
$PIEX Video Animation ( MUST SEE )
$PIEX Video Animation ( MUST SEE )
$PIEX Video Animation ( MUST SEE )
CohenResearch For $PIEX ( MUST READ ) http://www.cohenresearch.com/cohenresearch/Images/IBA_Green_10_30_2012.pdf
CohenResearch For $PIEX ( MUST READ ) http://www.cohenresearch.com/cohenresearch/Images/IBA_Green_10_30_2012.pdf
$SPBU Looks Good , Walmart is using SPBU's services
$SPBU 0.019 , Take a Look At The Daily Chart - Looks Good To Go
$SPBU 0.019 Should Be On It's Way To 0.03-0.04
$SPBU 0.018 x 0.019 ! Uptrend Will Continue ...
$SPBU Looks Good , Slow And Steady
$SPBU Up 10% Now
0.022 ask pre market !
$SPBU - 0.0195 - Uptrending , in Play This Week , Daily Volume , Good Recents News , Company Very Active And Can Be Found in Walmart's Terms & Conditions - All Walmart's Users Using Spare Backup
$SPBU - 0.0195 - Uptrending , in Play This Week , Daily Volume , Good Recents News , Company Very Active And Can Be Found in Walmart's Terms & Conditions - All Walmart's Users Using Spare Backup
$SPBU Should Start Well This Week
$SPBU 0.0195 Connectd To $WMT ( Walmart )
$SPBU 0.0195 Connectd To $WMT ( Walmart )
MUST READ - $SPBU (0.0195) - Walmart is using Spare Backup for all its users now! Walmart Term & Conditions Down Here , Check Daily Chart Pointing Up With Good Daily Volume ...
Spare Backup End User Terms and Conditions, Entire Agreement: Welcome to Spare Backup© ("SBI") data archiving service and software (the "Services"). All Services provided by Spare Backup, Inc. and/or its subsidiaries and affiliates and all Services related to any of SBI's websites are governed by these Terms and Conditions and the specific terms set forth on the applicable website related to any Service (the "Terms and Conditions"). By accessing or using the Services, you ("User" or "you" or "Your") agree that: (1) You have read and familiarized yourself with the Terms and Conditions; (2) You understand the Terms and Conditions; (3) You are bound by the Terms and Conditions in your use of the Services.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS.
Please read these terms and conditions carefully, as they describe your legal rights and obligations. These Terms and Conditions shall become effective as of the date of (1) your electronic signature on or acceptance of this agreement, (2) the activation of your account or (3) your receipt of an e-mail from SBI confirming your order, whichever happens first.
This Agreement and any modifications thereto constitutes the entire agreement (the "Agreement") between SBI and the User regarding its subject matter, which supersedes and replaces any and all prior or contemporaneous agreements between the parties regarding such subject matter.
1. DEFINITIONS. For the purposes of this Agreement:
"SBI Equipment" shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by SBI and/or SBI's affiliates, agents, or assigns which provide SBI Services.
"SBI," "us," "we," "our" and grammatical variants thereof shall collectively refer to SPARE BACKUP, INC., a corporation organized and existing under the laws of the State of Delaware, United States of America, located at 990 Iron Wood Drive, Minden, Nevada 89423 U.S.A. and its assigns and successors in interest.
"SBI Software" shall mean any software provided by SBI at any given time, whether downloaded to your computer, provided to you on CD or another form of removable media, or utilized online as part of the SBI Services. The SBI Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.
"Fee" shall mean monies and other consideration you are obligated to pay to SBI for the right to use the SBI Services and Bandwidth subject to the terms and conditions of this Agreement and of the particular SBI Services for which you have registered, as outlined on the then-current schedule of fees. "Parties" shall collectively refer to SBI and you.
"Website" means the following world wide web site owned, maintained and hosted by or on behalf of Spare Backup: www.sparebackup.com.
"Your Data" shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other content, related to your use of the SBI Services and stored on or transmitted by the SBI Equipment.
2. Changes to Services, Website and Terms and Conditions: Except with respect to the two (2) GB of free storage as set forth in Section 8, User acknowledges and agrees that SBI, at its sole discretion, may change, modify, amend, suspend or discontinue any aspect of the Services, including its pricing, the Website, storage, capacity, features and/or these Terms and Conditions at any time and without liability to User or to any third party. SBI reserves the right to impose limits on certain features of the Services, including limits on excessive use of storage capacity, at any time, without notice and without liability to User or to any third party. Further, User acknowledges and agrees that SBI may amend any or all of the Terms and Conditions (including Fees and rules) applicable to its Service at any time, at SBI's sole discretion. Any amendment of the Terms and Conditions will be reflected on the Website and applicable to all current Users at the time it is posted. Users are expected to review the Terms and Conditions posted on the Website periodically to obtain notice of any changes. Continued use of the Services constitutes acceptance of SBI's then-current Terms and Conditions, including any amendments thereto.
3. Registration and Eligibility: The Services are only available to United States residents 18 years of age or older with a valid email address. To access and use the Services, you are required to register with SBI and provide SBI with any required User Information (as defined in Section 5, below).
4. Password and Security: After you register to use the Services, you will be prompted to select a username and password and then, the installation program will generate a unique Data Encryption Key number, also known as a Spare Key ("Spare Key"), for your use accessing your stored data. You must have your username, password, and Spare Key ("Login Data") in order to retrieve your information and data stored with SBI. You are solely responsible for maintaining the confidentiality of your Login Data. For your security, SBI will send a copy of your Spare Key to an Escrow Company that is not affiliated with SBI (the "Key Manager") and SBI will not retain a copy of the Spare Key. To retrieve lost Login Data, please see the FAQ's posted on this site. User agrees that it shall immediately notify SBI in writing or by electronic mail of any unauthorized use of its Login Data. As such, User acknowledges and agrees that SBI will have no liability or responsibility whatsoever for any damages or losses caused or alleged to have been caused by the Key Manager.
5. User Information: User will provide certain device, contact, payment and personally identifiable information to SBI during the registration process, including, but not limited to, your credit card payment information (the "User Information"). User represents and warrants; (a) that all User Information is accurate and complete at the time of registration; and (b) that User information will be continuously updated such that the User Information shall at all times be current, accurate and complete. User acknowledges that it is solely responsible for maintaining a valid credit card number on file and that SBI shall have no liability if it is unable to renew the Services due to an expired credit card or outdated User Information.
6. Privacy Statement: The terms of the privacy policy located at [URL] or any successor sites thereto (the "Privacy Statement") , as it may be amended from time to time in SBI's sole discretion, are incorporated by reference into these Terms and Conditions. User is encouraged to periodically review the Privacy Statement to obtain notices of any changes or modifications to the Privacy Statement.
7. SBI Software License Grant: In order to use SBI Services, you will be required to download certain enabling SBI Software, which may include certain third party software. SBI grants to you a limited, revocable (subject to Section 12, Termination, below), nonexclusive, non-transferable license to install and use the SBI Software solely for your use of the Services. In addition, if you use the portal to download any third party applications, you acknowledge and agree that third party license terms govern your use of such third party software. The SBI Software may only be reproduced, installed and used on the devices registered for the Services. You may make one (1) copy of the SBI Software for backup purposes; otherwise, you may not reproduce any part of the Software. You shall not: (a) cause or permit any reverse engineering, decompilation, modification, adaptation, translation or disassembly of the SBI Software, or create any derivative works based on the SBI Software or the Services; or (b) sell, rent, lease, timeshare, lend, sublicense, distribute, assign or otherwise transfer any rights in the SBI Software without SBI's prior written consent.
8. Service Fees/Credit Card Charges and Authorization:
(a) SBI will provide User with two (2) GB of free storage subject to these Terms and Conditions. Additional storage will be subject to the Services Fees as set forth on the Website. If you sign-up for additional storage and Services, depending on the subscription plan you have chosen, you authorize a recurring monthly or annual charge to your credit card in the amount of the then current Fee for the selected Services posted on the Website, provided however, that SBI shall provide User with at least thirty (30) days prior written notice of any increase in the Fee for the Services that User subscribes too. User's failure to provide SBI with its intent to terminate the services within fifteen (15) days of the notice date will constitute acceptance of the Fee modification.
(b) If your use of the Services exceeds the limits of your chosen service plan in any given period, you will be notified of you usage and provided with upgrade options and applicable fees related to those options. In the event that SBI is forced to collect any unpaid amounts owed to SBI, you agree to pay all costs of collection including, but not limited to, attorney's fees.
(c) Unless the Services are terminated by User or SBI as set forth in these Terms and Conditions, if you subscribe to an annual Service, upon thirty (30) days prior written notice your subscription will be automatically renewed for an additional year at the then current Fees set forth on the Website.
9. Subscriptions/Plans:
(a) Monthly Plan: If you choose a monthly plan, you acknowledge that your subscription and fees are collected on a monthly basis in advance. Your subscription will automatically be renewed at the current monthly pricing plan and your credit card will be billed by SBI in advance for the next month of service unless another plan is selected or you cancel your subscription prior to the beginning of the next billing cycle. In the event that you cancel or terminate the Services, anytime after subscribing, you acknowledge and agree that any remaining balance will be forfeited and no refund will be provided.
(b) Annual Plan: If you choose an annual plan, you acknowledge that your subscription covers a twelve (12) month term in which SBI will charge your credit card for the full amount of the discounted annual plan. At the end of your term, your subscription will automatically be renewed for another twelve (12) month term at the then-current annual pricing plan, and your credit card will be charged by SBI for the new twelve (12) month term unless another plan is selected or you cancel your subscription prior to the beginning of the next billing cycle. In the event that you cancel or terminate the Services anytime during a twelve (12) month term, you acknowledge and agree that any remaining balance will be forfeited and no refund will be provided. However, if you decide to upgrade to a more expensive subscription plan during the term of your annual subscription period, SBI will give you a credit on a prorated basis toward your new plan for any prepaid fees from your current plan.
(c) Promotional Plans: If you subscribe for a promotional Service plan you acknowledge that your subscription and Fees are on based on the current promotional plan you have selected. Your subscription will automatically be renewed at the current monthly Fee, not at the promotional rate, and your credit card will be billed by SBI for the next month of Service unless another plan is selected or you cancel your subscription prior to the beginning of the next billing cycle.
10. Termination: SBI expressly reserves the right to limit your use of or terminate the Services (a) for a breach of these Terms and Conditions, including, but not limited to a User's payment obligations, which remains uncured for ten (10) days after notice of such breach, including if your credit card is declined for any reason; (b) if you commit fraud or engage in any other dishonest conduct related to or in connection with the Services; (c) if you are signed up for the free Service and SBI does not detect an active connection between your account and the Spare Backup Servers within a period of sixty (60) days, despite automatic scheduled connections to the Service; (d) if the SBI Software and/or Services becomes the subject of an infringement claim that may disrupt your use of the SBI Software, and/or Services; and/or (e) if SBI no longer makes the Services commercially available. You may terminate the Services at any time with or without cause by giving notice of such termination to SBI. For your security, requests to terminate accounts MUST originate from the registered email account at Spare Backup addressed to help@sparebackup.com. Under no circumstances will a cancellation request received via the phone or chat be accepted. Upon termination, User will have access to Your Data stored by the Services for up to thirty (30) days after cancellation/suspension of service.
11. SBI Software Limited Warranty & Warranty Disclaimers: SBI WARRANTS FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE YOU DOWNLOAD THE SBI SOFTWARE FROM THE WEB SITE, THAT THE SBI SOFTWARE, IF USED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, WILL BE FREE OF DEFECTS AND WILL PERFORM SUBSTANTIALLY THE FUNCTIONS DESCRIBED HEREIN EXCEPT, SBI DOES NOT WARRANT THAT THE SBI SOFTWARE WILL WORK IN COMBINATION WITH OTHER PRODUCTS USED BY YOU, THAT THE SBI SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SBI SOFTWARE OR THE WEBSITE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE, OR THAT ALL SBI SOFTWARE OR WEBSITE ERRORS WILL BE CORRECTED. If you report a SBI Software error which represents a failure of this warranty, SBI will, at its option: (a) correct or provide a reasonable workaround for the error; (b) provide a replacement of the SBI Software which complies with the warranty; or (c) refund the subscription Fees you prepaid.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, SBI MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. The limited warranties in this section shall not apply to any defects which are caused by (x) modifications of the SBI Software made by any party other than SBI; (y) a failure of your hardware or other software to function normally in conjunction with the SBI Software where such failure is not directly caused by the SBI Software; or (z) your failure to use the SBI Software according to SBI's specifications and these Terms and Condition. The remedies set forth in this section are your sole and exclusive remedies, and SBI's sole and exclusive liability, for any breach of the limited warranties provided in this Agreement.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on the length of an implied warranty, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.
12. Security of Stored Information: SBI will use reasonable efforts to prevent the unauthorized disclosure or destruction of Your Data; however, no archival or security system is either impenetrable or infallible. Except in extraordinary circumstances, or where legally required to do so, SBI will not seek to decrypt Your Data, and will make reasonable efforts to preserve Your Data in the same format in which it was received from you. Notwithstanding the foregoing, SBI does routinely collect and analyze metadata regarding User data designated for archival using the Service, including, without limitation, header information, checksum quantities, file size, file type, and archival dates. This information is used by SBI in the aggregate to gauge service levels and application performance, and, in some instances, for data recovery purposes. In the event that SBI is served a subpoena or is otherwise legally compelled to provide access to Your Data, SBI will use reasonable efforts to provide you with prompt written notice of the same (as provided below) to enable you to take any action you deem necessary to prevent such access, all at your sole expense and without SBI's cooperation or assistance; provided, however, that if no such relief is obtained SBI may provide access to Your Data with no liability.
13. User Obligations Regarding Stored Information:
(a) You are solely responsible for the content of Your Data that you store or retrieve through SBI's Services. Except as set forth above, SBI does not review, inspect, edit or monitor Your Data. As a condition of using the Services, you represent and warrant (i) that you have sufficient rights to Your Data, (ii) that Your Data does not include any illegal or improper items, (iii) that Your Data complies in all respects with these Terms and Conditions, and (iv) that your use of the Services do not infringe or violate any third party's copyright, patent, trademark, trade secret, license or other proprietary rights. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. You agree not to use the Service for any illegal purposes, not to use the Service to store, retrieve, transmit or view any illegal pictures, files or information, or any material that encourages illegal conduct.
(b) You also acknowledge and agree that it is your sole responsibility (i) to verify and confirm the compatibility of the device(s) registered for use in connection with the Services, and (ii) to designate manually any data, files, programs, and applications you wish to be stored by the Services. You further acknowledge that, by default, SBI only automatically backs up data from certain popular installed applications on typical operating systems, and that it is the User's responsibility to review and modify the files and programs selected for backup. You further acknowledge that SBI may not detect all of your important and unique data, and you agree, therefore, to confirm manually all backup requests. For questions regarding storage and backup limitations, please see our FAQ's section, posted in the FAQ section.
(c) Your account may be automatically connected to the Spare Backup servers depending on your account selection; notwithstanding, if you are signed up for the free Service and SBI does not detect an active (non-automated) connection between your account and the Services within a period of sixty (60) days, SBI reserves the right to consider the account abandoned and may suspend or terminate the account in accordance with Section 10(c) above.
14. Customer Support: Spare Backup shall provide all User support services. Support is available twenty four (24) hours a day every day during the year with the exception of December 25th. Customers may request support via telephone at (775) 392-2181 and/or email at walmart@sparebackup.com. Chat support is also available. See the Website for access to chat support. When utilizing Spare Remote Desktop Support Services, you agree to accept the technician(s) accessibility to your computer, if needed and as directed.
15. Limitations on Use of Services: User represents, warrants and covenants that its use of the Services shall not: (a) violate any applicable local, state, or federal law, statute, ordinance, rule or regulation; (b) that User will not export the SBI Software and/or Services without the appropriate United States export license or other export authorization. (The SBI Software and Services are subject to U.S. export controls, including the Export Administration Regulations ("EAR") (15 C.F.R. å¤ 730 et. seq), which prohibit the SBI Software from being downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria (or any other country which may be listed at the time in "Country Group E" of the EAR) or any other country to which the United States has imposed an embargo or other economic sanctions; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Denied Persons List. By restoring or using the SBI Software, you are agreeing to the foregoing provisions and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list); (c) interfere with or disrupt computer networks connected to the Service or the Website, including but not limited to storing any information which contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity; (e) forge headers or in any manner manipulate identifiers in order to disguise the origin of Your Data; (f) knowingly interfere with or disrupt the use of the Services by any other User, nor "stalk", threaten, or in any manner harass another User; (g) upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any "investment opportunities" or disseminating large amounts of data to third-party recipients using the Services; (h) upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems; (i) use the Services in such a manner as to gain unauthorized entry or access to the computer systems of others; (j) upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law; or (k) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable in any manner whatsoever.
16. Improper or Impermissible Use: If SBI is notified that an account is being used for storage or distribution of any illegal or improper material, such as copyrighted or illicit content, or for some other improper or impermissible purpose, then SBI may take any steps it deems necessary to protect the integrity of its Services and business, and comply with laws, including, but not limited to: (a) notify appropriate authorities; (b) refuse or disable User access to the Service; (c) remove or delete Your Data, in whole or in part, from the Services; (d) terminate the User's account; and/or (e) take any other action with respect to the Your Data or account that SBI, in its sole discretion, deems reasonably necessary. SBI may at its sole discretion take such protective measures without further notice to or consent from the User.
17. Disposition of Stored Information Post-Termination: YOU UNDERSTAND THAT YOUR DATA STORED BY SBI ON YOUR BEHALF UNDER THIS AGREEMENT SHALL BE DELETED THIRTY (30) CALENDAR DAYS FROM THE DATE THE AGREEMENT IS TERMINATED (THE "TERMINATION PERIOD"), WITHOUT FURTHER CONSENT FROM OR NOTICE TO YOU (UNLESS DELETED EARLIER FOR IMPROPER OR IMPERMISSIBLE USE) WITHOUT LIABILITY. Prior to the last day of such Termination Period, you may remove all of Your Data.
By using the Software you are agreeing to release SBI and Simplexity from any and all liability, claims and damages due to lost or stolen Data whether or not you request a data copy. Links to Third Parties: The Services may provide links to the websites or services of others ("Third-Party Sites"). Links to such Third-Party Sites do not constitute an endorsement by SBI and/or Simplexity of such Third-Party Sites, or the products, content, materials or information presented or made available by such Third-Party Sites. User acknowledges and agrees that neither SBI nor Simplexity is responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Sites, or from the products, content, material, services or information presented by or made available through such Third-Party Sites.
18. Downloading Information/Material: USER HEREBY RELEASES SBI, SIMPLEXITY, EACH PARTY'S AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, PARTNERS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL ACTUAL OR ALLEGED DAMAGES WHICH MAY RESULT FROM USER DOWNLOADING ANY INFORMATION OR MATERIALS FROM THE WEBSITE.
19. Indemnification: By using the Services you agree that you shall fully defend and indemnify SBI, including its officers, directors, owners, managing agents, attorneys, contractors, licensees, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys' fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly arising from (a) any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in these Terms and Conditions; or (b) your use of the Services. You agree that SBI shall have the right to participate in the defense, and to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in of any such claim through counsel of its own choosing at SBI's expense.
20. ARBITRATION: ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY BINDING ARBITRATION IN SAN DIEGO, CALIFORNIA OR THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC ("JAMS") OFFICE CLOSEST TO THE LOCATION IN WHICH YOU FIRST USED THE SERVICES AND IN ACCORDANCE WITH THE RULES OF JAMS. Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in the United States. Any action to confirm or vacate such an award must be brought in either the Superior Court of California, County of San Diego or the United States District Court for the Southern District of California. You consent to personal jurisdiction and venue in such courts and you waive any challenge to personal jurisdiction or venue in such courts. You further agree that SBI shall be entitled to collect its attorneys' fees, costs and other expenses in the event that SBI acts to enforce this arbitration and forum selection clause, regardless of whether SBI prevails in the underlying action. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the federal law of the United States of America. The only exception to these mandatory arbitration provisions is as follows: Nothing shall preclude SBI from: (i) seeking and obtaining any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this Agreement or to remedy a breach thereof, or (ii) bringing an action to enforce this Agreement or the provisions hereof in the event JAMS will not or cannot arbitrate a particular dispute. Any action under this section may be brought in either the United States District Court for the Southern District of California or the Superior Court of California, County of San Diego, and each party consents to the in personam jurisdiction of such Courts for the purpose of any such action or proceeding. Each party hereby waives all rights it has or which may hereafter arise to contest such exclusive jurisdiction of the United States District Court for the Southern District of California or the Superior Court of California, County of San Diego, CA.
21. WAIVER OF JURY TRIAL AND CLASS ACTION: YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO JOIN A CLASS AND/OR A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND SPARE BACKUP THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived.
22. Choice of Laws: This Agreement, and all questions with respect to the interpretation of this Agreement, shall be governed by and construed in accordance with the internal laws of the State of California, without regard for conflict of laws provisions. User expressly consents to personal and exclusive jurisdiction in the courts of the State of California located in San Diego County. The United Nations Convention on Contracts for the International Sale of Goods, and any successor treaties, will not govern this Agreement.
23. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any SBI service or this Agreement must be filed by You within one year after such claim or cause of action arose or be forever barred.
24. Automatic Update Feature: From time to time, SBI or third parties may automatically update or otherwise modify the SBI Software, for example, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions. Such updates or modifications may delete or change the nature of features or other aspects of the SBI Software, including functions you may rely upon. You hereby agree that such activities may occur at SBI's sole discretion and that SBI may condition continued use of the SBI Software upon your complete installation or acceptance of such update or modifications; provided, however, that if User does not accept any such update or modification SBI will terminate User's account and if User subscribed to an annual plan, issue a prorated refund of Service Fees paid by User for the remainder of the term.
25. International Use: The SBI Software and the Services are for use in the US only. No international use is permitted by SBI under this Agreement. Recognizing the global nature of the Internet, SBI makes no representation that the Services or the materials on the Website are appropriate or available for use in locations outside the United States, and accessing such materials from or distributing such materials to territories where their content is illegal is strictly prohibited. Specifically, you agree to comply with all applicable laws regarding the transmission of software and technology (e.g., technical data) exported from the United States. Those who choose to access the Website do so at their own initiative and are responsible for compliance with local laws. You may not remove, transmit, download or otherwise export from the United States or countries listed above, or allow the export or re-export of any software or technology owned by SBI or its licensors in violation of any restrictions, laws or regulations of the United States Department of Commerce Bureau of Industry and Security, the United States Department of Treasury Office of Foreign Assets Control or any other United States or foreign agency or authority. As defined in EAR Section 2.101, all software and documentation licensed in connection with the Services are "commercial items" and according to EAR Section 252.227-7041(a) (1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Any use, duplication, or disclosure of such software or documentation by the Government is subject to restrictions as set forth in subparagraph (b)(3) of the Rights in Technical Data and Computer Software clause of EARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as amended and as applicable, or any successor regulations thereto. Manufacturer is SBI, 990 Iron Wood Drive, Minden, Nevada 89423.
26. Limitation of Liability: IN NO EVENT WILL SBI, SIMPLEXITY, ITS RESELLERS, DISTRIBUTORS, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WHICH EXCEEDS THE AMOUNTS PAID BY USER TO SBI, IF ANY, FOR THE SERVICES FOR THE TWELVE MONTH PERIOD (IF PAYING ANNUALLY) OR THE ONE MONTH PERIOD (IF PAYING MONTHLY) PRECEDING THE EVENT FORMING THE BASIS OF THE CLAIM. IN NO EVENT WILL SBI NOR ANYONE ELSE INVOLVED IN OFFERING, CREATING, DELIVERING OR MAINTAINING THE SERVICE BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES RELATED TO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR LOSS OF PROFITS ARISING OUT OF USER'S USE OF OR INABILITY TO USE THE SBI SOFTWARE OR THE SERVICES AND/OR AND THIRD PARTY APPLICATION, OR OUT OF ANY BREACH OF WARRANTY, EVEN IF SBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
27. Notices: Notices shall be given as follows:
To SBI: To be valid, notices must be sent by email to legal@sparebackup.com or by certified mail, return receipt requested or overnight delivery with proof of delivery, to Spare Backup Inc.; Attention: Legal Department; 990 Iron Wood Drive, Minden, Nevada 89423, with a copy sent to Darrell Palmer, Esq., 603 N. Hwy 101, Solana Beach, CA 92075 or to such other address as may be designated by SBI from time to time. Notices to SBI shall be deemed to have been received 24 hours after the email is sent or three days after the date of mailing by certified mail, return receipt requested or on the day of delivery if sent by overnight delivery service.
To User: Notices to User will be sent by email at the email address reflected in User's registration information. Notices to User shall be deemed to have been received 24 hours after the email is sent.
28. Assignability: SBI shall be entitled to assign this Agreement or any of its rights under this Agreement in its sole discretion. User shall not be entitled to assign, sublease, sublicense, sell, offer for sale, encumber or otherwise transfer or dispose of its rights under this Agreement, in whole or in part, without SBI's prior written consent.
29. Waiver: The failure of SBI to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision, nor shall any such waiver constitute a continuing waiver unless expressly provided otherwise.
30. Third-party Beneficiary: User acknowledges and agrees that Simplexity is an express third-party beneficiary under this Agreement. Simplexity may take any equitable or legal action required, without the requirement to post a bond, to enforce the provisions of this Agreement.
31. Non-Commercial Use: If you choose a plan requiring non-commercial use of the Service, you may not resell, wholesale, sublease or otherwise use the Service to generate revenue from SBI's backup and restore Service, without the prior written consent of SBI. SBI will periodically review non-commercial use accounts containing unusually high number of files or storage capacity (typically over 50GB) to check for commercial use of the SBI Service. Customer acknowledges and agrees that it is subject to SBI's Fair Use Policy below.
Spare Backup does not impose fixed limits to the amount of your storage on our Fileservers with an unlimited plan. We don't charge you per GB of storage or for Bandwidth used or for the load that you generate on our systems. Instead we apply a Fair Use Policy.
What does this Fair Use Policy mean?
Spare Backup is a shared service and we cannot allow the actions of a few users to negatively influence the system performance for the majority. Activities such as continual data upload over an extended period of time (typically 30 days) or submission of data to our servers at an accelerated rate could violate our Fair Use Policy and Spare Backup may intervene to control the overall Spare Backup high-quality user experience.
When do we invoke the Fair Use Policy?
Spare Backup may limit or halt service to any user imposing excessive load on the Spare Backup system to prevent compromising the system performance for the other users. Spare Backup may limit or halt service to any user who stores more than the high usage averages among our biggest users (Currently about 200GB). Spare Backup also reserves the right to review the types of files to determine if it is fair use of the service. While we can determine the types of files being backed up, Spare Backup has no access to your file content.
What happens when we invoke the Fair Use Policy?
Customer satisfaction is very important at Spare Backup, and we know that violation of the Fair Use Policy may be unintentional. When Spare Backup invokes the Fair Use Policy by limiting or halting the service, we will contact the customer immediately to find a solution.
32. Miscellaneous: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future law effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms and Conditions. A party will not be liable for nonperformance or delay in performance (other than with respect to payment obligations) caused by any event reasonably beyond the control of such party, including, but not limited to, acts of war (declared or undeclared), Acts of God, acts of terrorism, fire, strike, labor difficulties, acts or omissions of any governmental authority or of another party, compliance with government regulations, insurrection or riot.
33. Ownership of Intellectual Property: All trademarks, service marks, logos, and company names (each a "Mark") used in the Website are the property of SBI or third parties and are and shall remain the property of SBI and such third parties. Nothing contained in the Website or Service shall be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Website or Service without the written permission of SBI or such third party that may own the Mark displayed on the Website or Service. Your use of any Mark displayed on the Website or Service is strictly prohibited.
You further acknowledge and agree that all other content and materials available on the Website, including the SBI Software, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. © 2010 Spare Backup, Inc. All rights reserved. The Terms and Conditions were last revised on March 20, 2010.
MUST READ - $SPBU (0.0195) - Walmart is using Spare Backup for all its users now! Walmart Term & Conditions
Spare Backup End User Terms and Conditions, Entire Agreement: Welcome to Spare Backup© ("SBI") data archiving service and software (the "Services"). All Services provided by Spare Backup, Inc. and/or its subsidiaries and affiliates and all Services related to any of SBI's websites are governed by these Terms and Conditions and the specific terms set forth on the applicable website related to any Service (the "Terms and Conditions"). By accessing or using the Services, you ("User" or "you" or "Your") agree that: (1) You have read and familiarized yourself with the Terms and Conditions; (2) You understand the Terms and Conditions; (3) You are bound by the Terms and Conditions in your use of the Services.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS.
Please read these terms and conditions carefully, as they describe your legal rights and obligations. These Terms and Conditions shall become effective as of the date of (1) your electronic signature on or acceptance of this agreement, (2) the activation of your account or (3) your receipt of an e-mail from SBI confirming your order, whichever happens first.
This Agreement and any modifications thereto constitutes the entire agreement (the "Agreement") between SBI and the User regarding its subject matter, which supersedes and replaces any and all prior or contemporaneous agreements between the parties regarding such subject matter.
1. DEFINITIONS. For the purposes of this Agreement:
"SBI Equipment" shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by SBI and/or SBI's affiliates, agents, or assigns which provide SBI Services.
"SBI," "us," "we," "our" and grammatical variants thereof shall collectively refer to SPARE BACKUP, INC., a corporation organized and existing under the laws of the State of Delaware, United States of America, located at 990 Iron Wood Drive, Minden, Nevada 89423 U.S.A. and its assigns and successors in interest.
"SBI Software" shall mean any software provided by SBI at any given time, whether downloaded to your computer, provided to you on CD or another form of removable media, or utilized online as part of the SBI Services. The SBI Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.
"Fee" shall mean monies and other consideration you are obligated to pay to SBI for the right to use the SBI Services and Bandwidth subject to the terms and conditions of this Agreement and of the particular SBI Services for which you have registered, as outlined on the then-current schedule of fees. "Parties" shall collectively refer to SBI and you.
"Website" means the following world wide web site owned, maintained and hosted by or on behalf of Spare Backup: www.sparebackup.com.
"Your Data" shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other content, related to your use of the SBI Services and stored on or transmitted by the SBI Equipment.
2. Changes to Services, Website and Terms and Conditions: Except with respect to the two (2) GB of free storage as set forth in Section 8, User acknowledges and agrees that SBI, at its sole discretion, may change, modify, amend, suspend or discontinue any aspect of the Services, including its pricing, the Website, storage, capacity, features and/or these Terms and Conditions at any time and without liability to User or to any third party. SBI reserves the right to impose limits on certain features of the Services, including limits on excessive use of storage capacity, at any time, without notice and without liability to User or to any third party. Further, User acknowledges and agrees that SBI may amend any or all of the Terms and Conditions (including Fees and rules) applicable to its Service at any time, at SBI's sole discretion. Any amendment of the Terms and Conditions will be reflected on the Website and applicable to all current Users at the time it is posted. Users are expected to review the Terms and Conditions posted on the Website periodically to obtain notice of any changes. Continued use of the Services constitutes acceptance of SBI's then-current Terms and Conditions, including any amendments thereto.
3. Registration and Eligibility: The Services are only available to United States residents 18 years of age or older with a valid email address. To access and use the Services, you are required to register with SBI and provide SBI with any required User Information (as defined in Section 5, below).
4. Password and Security: After you register to use the Services, you will be prompted to select a username and password and then, the installation program will generate a unique Data Encryption Key number, also known as a Spare Key ("Spare Key"), for your use accessing your stored data. You must have your username, password, and Spare Key ("Login Data") in order to retrieve your information and data stored with SBI. You are solely responsible for maintaining the confidentiality of your Login Data. For your security, SBI will send a copy of your Spare Key to an Escrow Company that is not affiliated with SBI (the "Key Manager") and SBI will not retain a copy of the Spare Key. To retrieve lost Login Data, please see the FAQ's posted on this site. User agrees that it shall immediately notify SBI in writing or by electronic mail of any unauthorized use of its Login Data. As such, User acknowledges and agrees that SBI will have no liability or responsibility whatsoever for any damages or losses caused or alleged to have been caused by the Key Manager.
5. User Information: User will provide certain device, contact, payment and personally identifiable information to SBI during the registration process, including, but not limited to, your credit card payment information (the "User Information"). User represents and warrants; (a) that all User Information is accurate and complete at the time of registration; and (b) that User information will be continuously updated such that the User Information shall at all times be current, accurate and complete. User acknowledges that it is solely responsible for maintaining a valid credit card number on file and that SBI shall have no liability if it is unable to renew the Services due to an expired credit card or outdated User Information.
6. Privacy Statement: The terms of the privacy policy located at [URL] or any successor sites thereto (the "Privacy Statement") , as it may be amended from time to time in SBI's sole discretion, are incorporated by reference into these Terms and Conditions. User is encouraged to periodically review the Privacy Statement to obtain notices of any changes or modifications to the Privacy Statement.
7. SBI Software License Grant: In order to use SBI Services, you will be required to download certain enabling SBI Software, which may include certain third party software. SBI grants to you a limited, revocable (subject to Section 12, Termination, below), nonexclusive, non-transferable license to install and use the SBI Software solely for your use of the Services. In addition, if you use the portal to download any third party applications, you acknowledge and agree that third party license terms govern your use of such third party software. The SBI Software may only be reproduced, installed and used on the devices registered for the Services. You may make one (1) copy of the SBI Software for backup purposes; otherwise, you may not reproduce any part of the Software. You shall not: (a) cause or permit any reverse engineering, decompilation, modification, adaptation, translation or disassembly of the SBI Software, or create any derivative works based on the SBI Software or the Services; or (b) sell, rent, lease, timeshare, lend, sublicense, distribute, assign or otherwise transfer any rights in the SBI Software without SBI's prior written consent.
8. Service Fees/Credit Card Charges and Authorization:
(a) SBI will provide User with two (2) GB of free storage subject to these Terms and Conditions. Additional storage will be subject to the Services Fees as set forth on the Website. If you sign-up for additional storage and Services, depending on the subscription plan you have chosen, you authorize a recurring monthly or annual charge to your credit card in the amount of the then current Fee for the selected Services posted on the Website, provided however, that SBI shall provide User with at least thirty (30) days prior written notice of any increase in the Fee for the Services that User subscribes too. User's failure to provide SBI with its intent to terminate the services within fifteen (15) days of the notice date will constitute acceptance of the Fee modification.
(b) If your use of the Services exceeds the limits of your chosen service plan in any given period, you will be notified of you usage and provided with upgrade options and applicable fees related to those options. In the event that SBI is forced to collect any unpaid amounts owed to SBI, you agree to pay all costs of collection including, but not limited to, attorney's fees.
(c) Unless the Services are terminated by User or SBI as set forth in these Terms and Conditions, if you subscribe to an annual Service, upon thirty (30) days prior written notice your subscription will be automatically renewed for an additional year at the then current Fees set forth on the Website.
9. Subscriptions/Plans:
(a) Monthly Plan: If you choose a monthly plan, you acknowledge that your subscription and fees are collected on a monthly basis in advance. Your subscription will automatically be renewed at the current monthly pricing plan and your credit card will be billed by SBI in advance for the next month of service unless another plan is selected or you cancel your subscription prior to the beginning of the next billing cycle. In the event that you cancel or terminate the Services, anytime after subscribing, you acknowledge and agree that any remaining balance will be forfeited and no refund will be provided.
(b) Annual Plan: If you choose an annual plan, you acknowledge that your subscription covers a twelve (12) month term in which SBI will charge your credit card for the full amount of the discounted annual plan. At the end of your term, your subscription will automatically be renewed for another twelve (12) month term at the then-current annual pricing plan, and your credit card will be charged by SBI for the new twelve (12) month term unless another plan is selected or you cancel your subscription prior to the beginning of the next billing cycle. In the event that you cancel or terminate the Services anytime during a twelve (12) month term, you acknowledge and agree that any remaining balance will be forfeited and no refund will be provided. However, if you decide to upgrade to a more expensive subscription plan during the term of your annual subscription period, SBI will give you a credit on a prorated basis toward your new plan for any prepaid fees from your current plan.
(c) Promotional Plans: If you subscribe for a promotional Service plan you acknowledge that your subscription and Fees are on based on the current promotional plan you have selected. Your subscription will automatically be renewed at the current monthly Fee, not at the promotional rate, and your credit card will be billed by SBI for the next month of Service unless another plan is selected or you cancel your subscription prior to the beginning of the next billing cycle.
10. Termination: SBI expressly reserves the right to limit your use of or terminate the Services (a) for a breach of these Terms and Conditions, including, but not limited to a User's payment obligations, which remains uncured for ten (10) days after notice of such breach, including if your credit card is declined for any reason; (b) if you commit fraud or engage in any other dishonest conduct related to or in connection with the Services; (c) if you are signed up for the free Service and SBI does not detect an active connection between your account and the Spare Backup Servers within a period of sixty (60) days, despite automatic scheduled connections to the Service; (d) if the SBI Software and/or Services becomes the subject of an infringement claim that may disrupt your use of the SBI Software, and/or Services; and/or (e) if SBI no longer makes the Services commercially available. You may terminate the Services at any time with or without cause by giving notice of such termination to SBI. For your security, requests to terminate accounts MUST originate from the registered email account at Spare Backup addressed to help@sparebackup.com. Under no circumstances will a cancellation request received via the phone or chat be accepted. Upon termination, User will have access to Your Data stored by the Services for up to thirty (30) days after cancellation/suspension of service.
11. SBI Software Limited Warranty & Warranty Disclaimers: SBI WARRANTS FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE YOU DOWNLOAD THE SBI SOFTWARE FROM THE WEB SITE, THAT THE SBI SOFTWARE, IF USED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, WILL BE FREE OF DEFECTS AND WILL PERFORM SUBSTANTIALLY THE FUNCTIONS DESCRIBED HEREIN EXCEPT, SBI DOES NOT WARRANT THAT THE SBI SOFTWARE WILL WORK IN COMBINATION WITH OTHER PRODUCTS USED BY YOU, THAT THE SBI SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SBI SOFTWARE OR THE WEBSITE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE, OR THAT ALL SBI SOFTWARE OR WEBSITE ERRORS WILL BE CORRECTED. If you report a SBI Software error which represents a failure of this warranty, SBI will, at its option: (a) correct or provide a reasonable workaround for the error; (b) provide a replacement of the SBI Software which complies with the warranty; or (c) refund the subscription Fees you prepaid.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, SBI MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. The limited warranties in this section shall not apply to any defects which are caused by (x) modifications of the SBI Software made by any party other than SBI; (y) a failure of your hardware or other software to function normally in conjunction with the SBI Software where such failure is not directly caused by the SBI Software; or (z) your failure to use the SBI Software according to SBI's specifications and these Terms and Condition. The remedies set forth in this section are your sole and exclusive remedies, and SBI's sole and exclusive liability, for any breach of the limited warranties provided in this Agreement.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on the length of an implied warranty, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.
12. Security of Stored Information: SBI will use reasonable efforts to prevent the unauthorized disclosure or destruction of Your Data; however, no archival or security system is either impenetrable or infallible. Except in extraordinary circumstances, or where legally required to do so, SBI will not seek to decrypt Your Data, and will make reasonable efforts to preserve Your Data in the same format in which it was received from you. Notwithstanding the foregoing, SBI does routinely collect and analyze metadata regarding User data designated for archival using the Service, including, without limitation, header information, checksum quantities, file size, file type, and archival dates. This information is used by SBI in the aggregate to gauge service levels and application performance, and, in some instances, for data recovery purposes. In the event that SBI is served a subpoena or is otherwise legally compelled to provide access to Your Data, SBI will use reasonable efforts to provide you with prompt written notice of the same (as provided below) to enable you to take any action you deem necessary to prevent such access, all at your sole expense and without SBI's cooperation or assistance; provided, however, that if no such relief is obtained SBI may provide access to Your Data with no liability.
13. User Obligations Regarding Stored Information:
(a) You are solely responsible for the content of Your Data that you store or retrieve through SBI's Services. Except as set forth above, SBI does not review, inspect, edit or monitor Your Data. As a condition of using the Services, you represent and warrant (i) that you have sufficient rights to Your Data, (ii) that Your Data does not include any illegal or improper items, (iii) that Your Data complies in all respects with these Terms and Conditions, and (iv) that your use of the Services do not infringe or violate any third party's copyright, patent, trademark, trade secret, license or other proprietary rights. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. You agree not to use the Service for any illegal purposes, not to use the Service to store, retrieve, transmit or view any illegal pictures, files or information, or any material that encourages illegal conduct.
(b) You also acknowledge and agree that it is your sole responsibility (i) to verify and confirm the compatibility of the device(s) registered for use in connection with the Services, and (ii) to designate manually any data, files, programs, and applications you wish to be stored by the Services. You further acknowledge that, by default, SBI only automatically backs up data from certain popular installed applications on typical operating systems, and that it is the User's responsibility to review and modify the files and programs selected for backup. You further acknowledge that SBI may not detect all of your important and unique data, and you agree, therefore, to confirm manually all backup requests. For questions regarding storage and backup limitations, please see our FAQ's section, posted in the FAQ section.
(c) Your account may be automatically connected to the Spare Backup servers depending on your account selection; notwithstanding, if you are signed up for the free Service and SBI does not detect an active (non-automated) connection between your account and the Services within a period of sixty (60) days, SBI reserves the right to consider the account abandoned and may suspend or terminate the account in accordance with Section 10(c) above.
14. Customer Support: Spare Backup shall provide all User support services. Support is available twenty four (24) hours a day every day during the year with the exception of December 25th. Customers may request support via telephone at (775) 392-2181 and/or email at walmart@sparebackup.com. Chat support is also available. See the Website for access to chat support. When utilizing Spare Remote Desktop Support Services, you agree to accept the technician(s) accessibility to your computer, if needed and as directed.
15. Limitations on Use of Services: User represents, warrants and covenants that its use of the Services shall not: (a) violate any applicable local, state, or federal law, statute, ordinance, rule or regulation; (b) that User will not export the SBI Software and/or Services without the appropriate United States export license or other export authorization. (The SBI Software and Services are subject to U.S. export controls, including the Export Administration Regulations ("EAR") (15 C.F.R. å¤ 730 et. seq), which prohibit the SBI Software from being downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria (or any other country which may be listed at the time in "Country Group E" of the EAR) or any other country to which the United States has imposed an embargo or other economic sanctions; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Denied Persons List. By restoring or using the SBI Software, you are agreeing to the foregoing provisions and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list); (c) interfere with or disrupt computer networks connected to the Service or the Website, including but not limited to storing any information which contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity; (e) forge headers or in any manner manipulate identifiers in order to disguise the origin of Your Data; (f) knowingly interfere with or disrupt the use of the Services by any other User, nor "stalk", threaten, or in any manner harass another User; (g) upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any "investment opportunities" or disseminating large amounts of data to third-party recipients using the Services; (h) upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems; (i) use the Services in such a manner as to gain unauthorized entry or access to the computer systems of others; (j) upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law; or (k) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable in any manner whatsoever.
16. Improper or Impermissible Use: If SBI is notified that an account is being used for storage or distribution of any illegal or improper material, such as copyrighted or illicit content, or for some other improper or impermissible purpose, then SBI may take any steps it deems necessary to protect the integrity of its Services and business, and comply with laws, including, but not limited to: (a) notify appropriate authorities; (b) refuse or disable User access to the Service; (c) remove or delete Your Data, in whole or in part, from the Services; (d) terminate the User's account; and/or (e) take any other action with respect to the Your Data or account that SBI, in its sole discretion, deems reasonably necessary. SBI may at its sole discretion take such protective measures without further notice to or consent from the User.
17. Disposition of Stored Information Post-Termination: YOU UNDERSTAND THAT YOUR DATA STORED BY SBI ON YOUR BEHALF UNDER THIS AGREEMENT SHALL BE DELETED THIRTY (30) CALENDAR DAYS FROM THE DATE THE AGREEMENT IS TERMINATED (THE "TERMINATION PERIOD"), WITHOUT FURTHER CONSENT FROM OR NOTICE TO YOU (UNLESS DELETED EARLIER FOR IMPROPER OR IMPERMISSIBLE USE) WITHOUT LIABILITY. Prior to the last day of such Termination Period, you may remove all of Your Data.
By using the Software you are agreeing to release SBI and Simplexity from any and all liability, claims and damages due to lost or stolen Data whether or not you request a data copy. Links to Third Parties: The Services may provide links to the websites or services of others ("Third-Party Sites"). Links to such Third-Party Sites do not constitute an endorsement by SBI and/or Simplexity of such Third-Party Sites, or the products, content, materials or information presented or made available by such Third-Party Sites. User acknowledges and agrees that neither SBI nor Simplexity is responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Sites, or from the products, content, material, services or information presented by or made available through such Third-Party Sites.
18. Downloading Information/Material: USER HEREBY RELEASES SBI, SIMPLEXITY, EACH PARTY'S AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, PARTNERS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL ACTUAL OR ALLEGED DAMAGES WHICH MAY RESULT FROM USER DOWNLOADING ANY INFORMATION OR MATERIALS FROM THE WEBSITE.
19. Indemnification: By using the Services you agree that you shall fully defend and indemnify SBI, including its officers, directors, owners, managing agents, attorneys, contractors, licensees, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys' fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly arising from (a) any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in these Terms and Conditions; or (b) your use of the Services. You agree that SBI shall have the right to participate in the defense, and to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in of any such claim through counsel of its own choosing at SBI's expense.
20. ARBITRATION: ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY BINDING ARBITRATION IN SAN DIEGO, CALIFORNIA OR THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC ("JAMS") OFFICE CLOSEST TO THE LOCATION IN WHICH YOU FIRST USED THE SERVICES AND IN ACCORDANCE WITH THE RULES OF JAMS. Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in the United States. Any action to confirm or vacate such an award must be brought in either the Superior Court of California, County of San Diego or the United States District Court for the Southern District of California. You consent to personal jurisdiction and venue in such courts and you waive any challenge to personal jurisdiction or venue in such courts. You further agree that SBI shall be entitled to collect its attorneys' fees, costs and other expenses in the event that SBI acts to enforce this arbitration and forum selection clause, regardless of whether SBI prevails in the underlying action. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the federal law of the United States of America. The only exception to these mandatory arbitration provisions is as follows: Nothing shall preclude SBI from: (i) seeking and obtaining any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this Agreement or to remedy a breach thereof, or (ii) bringing an action to enforce this Agreement or the provisions hereof in the event JAMS will not or cannot arbitrate a particular dispute. Any action under this section may be brought in either the United States District Court for the Southern District of California or the Superior Court of California, County of San Diego, and each party consents to the in personam jurisdiction of such Courts for the purpose of any such action or proceeding. Each party hereby waives all rights it has or which may hereafter arise to contest such exclusive jurisdiction of the United States District Court for the Southern District of California or the Superior Court of California, County of San Diego, CA.
21. WAIVER OF JURY TRIAL AND CLASS ACTION: YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO JOIN A CLASS AND/OR A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND SPARE BACKUP THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived.
22. Choice of Laws: This Agreement, and all questions with respect to the interpretation of this Agreement, shall be governed by and construed in accordance with the internal laws of the State of California, without regard for conflict of laws provisions. User expressly consents to personal and exclusive jurisdiction in the courts of the State of California located in San Diego County. The United Nations Convention on Contracts for the International Sale of Goods, and any successor treaties, will not govern this Agreement.
23. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any SBI service or this Agreement must be filed by You within one year after such claim or cause of action arose or be forever barred.
24. Automatic Update Feature: From time to time, SBI or third parties may automatically update or otherwise modify the SBI Software, for example, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions. Such updates or modifications may delete or change the nature of features or other aspects of the SBI Software, including functions you may rely upon. You hereby agree that such activities may occur at SBI's sole discretion and that SBI may condition continued use of the SBI Software upon your complete installation or acceptance of such update or modifications; provided, however, that if User does not accept any such update or modification SBI will terminate User's account and if User subscribed to an annual plan, issue a prorated refund of Service Fees paid by User for the remainder of the term.
25. International Use: The SBI Software and the Services are for use in the US only. No international use is permitted by SBI under this Agreement. Recognizing the global nature of the Internet, SBI makes no representation that the Services or the materials on the Website are appropriate or available for use in locations outside the United States, and accessing such materials from or distributing such materials to territories where their content is illegal is strictly prohibited. Specifically, you agree to comply with all applicable laws regarding the transmission of software and technology (e.g., technical data) exported from the United States. Those who choose to access the Website do so at their own initiative and are responsible for compliance with local laws. You may not remove, transmit, download or otherwise export from the United States or countries listed above, or allow the export or re-export of any software or technology owned by SBI or its licensors in violation of any restrictions, laws or regulations of the United States Department of Commerce Bureau of Industry and Security, the United States Department of Treasury Office of Foreign Assets Control or any other United States or foreign agency or authority. As defined in EAR Section 2.101, all software and documentation licensed in connection with the Services are "commercial items" and according to EAR Section 252.227-7041(a) (1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Any use, duplication, or disclosure of such software or documentation by the Government is subject to restrictions as set forth in subparagraph (b)(3) of the Rights in Technical Data and Computer Software clause of EARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as amended and as applicable, or any successor regulations thereto. Manufacturer is SBI, 990 Iron Wood Drive, Minden, Nevada 89423.
26. Limitation of Liability: IN NO EVENT WILL SBI, SIMPLEXITY, ITS RESELLERS, DISTRIBUTORS, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WHICH EXCEEDS THE AMOUNTS PAID BY USER TO SBI, IF ANY, FOR THE SERVICES FOR THE TWELVE MONTH PERIOD (IF PAYING ANNUALLY) OR THE ONE MONTH PERIOD (IF PAYING MONTHLY) PRECEDING THE EVENT FORMING THE BASIS OF THE CLAIM. IN NO EVENT WILL SBI NOR ANYONE ELSE INVOLVED IN OFFERING, CREATING, DELIVERING OR MAINTAINING THE SERVICE BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES RELATED TO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR LOSS OF PROFITS ARISING OUT OF USER'S USE OF OR INABILITY TO USE THE SBI SOFTWARE OR THE SERVICES AND/OR AND THIRD PARTY APPLICATION, OR OUT OF ANY BREACH OF WARRANTY, EVEN IF SBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
27. Notices: Notices shall be given as follows:
To SBI: To be valid, notices must be sent by email to legal@sparebackup.com or by certified mail, return receipt requested or overnight delivery with proof of delivery, to Spare Backup Inc.; Attention: Legal Department; 990 Iron Wood Drive, Minden, Nevada 89423, with a copy sent to Darrell Palmer, Esq., 603 N. Hwy 101, Solana Beach, CA 92075 or to such other address as may be designated by SBI from time to time. Notices to SBI shall be deemed to have been received 24 hours after the email is sent or three days after the date of mailing by certified mail, return receipt requested or on the day of delivery if sent by overnight delivery service.
To User: Notices to User will be sent by email at the email address reflected in User's registration information. Notices to User shall be deemed to have been received 24 hours after the email is sent.
28. Assignability: SBI shall be entitled to assign this Agreement or any of its rights under this Agreement in its sole discretion. User shall not be entitled to assign, sublease, sublicense, sell, offer for sale, encumber or otherwise transfer or dispose of its rights under this Agreement, in whole or in part, without SBI's prior written consent.
29. Waiver: The failure of SBI to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision, nor shall any such waiver constitute a continuing waiver unless expressly provided otherwise.
30. Third-party Beneficiary: User acknowledges and agrees that Simplexity is an express third-party beneficiary under this Agreement. Simplexity may take any equitable or legal action required, without the requirement to post a bond, to enforce the provisions of this Agreement.
31. Non-Commercial Use: If you choose a plan requiring non-commercial use of the Service, you may not resell, wholesale, sublease or otherwise use the Service to generate revenue from SBI's backup and restore Service, without the prior written consent of SBI. SBI will periodically review non-commercial use accounts containing unusually high number of files or storage capacity (typically over 50GB) to check for commercial use of the SBI Service. Customer acknowledges and agrees that it is subject to SBI's Fair Use Policy below.
Spare Backup does not impose fixed limits to the amount of your storage on our Fileservers with an unlimited plan. We don't charge you per GB of storage or for Bandwidth used or for the load that you generate on our systems. Instead we apply a Fair Use Policy.
What does this Fair Use Policy mean?
Spare Backup is a shared service and we cannot allow the actions of a few users to negatively influence the system performance for the majority. Activities such as continual data upload over an extended period of time (typically 30 days) or submission of data to our servers at an accelerated rate could violate our Fair Use Policy and Spare Backup may intervene to control the overall Spare Backup high-quality user experience.
When do we invoke the Fair Use Policy?
Spare Backup may limit or halt service to any user imposing excessive load on the Spare Backup system to prevent compromising the system performance for the other users. Spare Backup may limit or halt service to any user who stores more than the high usage averages among our biggest users (Currently about 200GB). Spare Backup also reserves the right to review the types of files to determine if it is fair use of the service. While we can determine the types of files being backed up, Spare Backup has no access to your file content.
What happens when we invoke the Fair Use Policy?
Customer satisfaction is very important at Spare Backup, and we know that violation of the Fair Use Policy may be unintentional. When Spare Backup invokes the Fair Use Policy by limiting or halting the service, we will contact the customer immediately to find a solution.
32. Miscellaneous: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future law effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms and Conditions. A party will not be liable for nonperformance or delay in performance (other than with respect to payment obligations) caused by any event reasonably beyond the control of such party, including, but not limited to, acts of war (declared or undeclared), Acts of God, acts of terrorism, fire, strike, labor difficulties, acts or omissions of any governmental authority or of another party, compliance with government regulations, insurrection or riot.
33. Ownership of Intellectual Property: All trademarks, service marks, logos, and company names (each a "Mark") used in the Website are the property of SBI or third parties and are and shall remain the property of SBI and such third parties. Nothing contained in the Website or Service shall be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Website or Service without the written permission of SBI or such third party that may own the Mark displayed on the Website or Service. Your use of any Mark displayed on the Website or Service is strictly prohibited.
You further acknowledge and agree that all other content and materials available on the Website, including the SBI Software, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. © 2010 Spare Backup, Inc. All rights reserved. The Terms and Conditions were last revised on March 20, 2010.
MUST READ - $SPBU (0.0195) - Walmart is using Spare Backup for all its users now!
Spare Backup End User Terms and Conditions, Entire Agreement: Welcome to Spare Backup© ("SBI") data archiving service and software (the "Services"). All Services provided by Spare Backup, Inc. and/or its subsidiaries and affiliates and all Services related to any of SBI's websites are governed by these Terms and Conditions and the specific terms set forth on the applicable website related to any Service (the "Terms and Conditions"). By accessing or using the Services, you ("User" or "you" or "Your") agree that: (1) You have read and familiarized yourself with the Terms and Conditions; (2) You understand the Terms and Conditions; (3) You are bound by the Terms and Conditions in your use of the Services.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS.
Please read these terms and conditions carefully, as they describe your legal rights and obligations. These Terms and Conditions shall become effective as of the date of (1) your electronic signature on or acceptance of this agreement, (2) the activation of your account or (3) your receipt of an e-mail from SBI confirming your order, whichever happens first.
This Agreement and any modifications thereto constitutes the entire agreement (the "Agreement") between SBI and the User regarding its subject matter, which supersedes and replaces any and all prior or contemporaneous agreements between the parties regarding such subject matter.
1. DEFINITIONS. For the purposes of this Agreement:
"SBI Equipment" shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by SBI and/or SBI's affiliates, agents, or assigns which provide SBI Services.
"SBI," "us," "we," "our" and grammatical variants thereof shall collectively refer to SPARE BACKUP, INC., a corporation organized and existing under the laws of the State of Delaware, United States of America, located at 990 Iron Wood Drive, Minden, Nevada 89423 U.S.A. and its assigns and successors in interest.
"SBI Software" shall mean any software provided by SBI at any given time, whether downloaded to your computer, provided to you on CD or another form of removable media, or utilized online as part of the SBI Services. The SBI Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.
"Fee" shall mean monies and other consideration you are obligated to pay to SBI for the right to use the SBI Services and Bandwidth subject to the terms and conditions of this Agreement and of the particular SBI Services for which you have registered, as outlined on the then-current schedule of fees. "Parties" shall collectively refer to SBI and you.
"Website" means the following world wide web site owned, maintained and hosted by or on behalf of Spare Backup: www.sparebackup.com.
"Your Data" shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other content, related to your use of the SBI Services and stored on or transmitted by the SBI Equipment.
2. Changes to Services, Website and Terms and Conditions: Except with respect to the two (2) GB of free storage as set forth in Section 8, User acknowledges and agrees that SBI, at its sole discretion, may change, modify, amend, suspend or discontinue any aspect of the Services, including its pricing, the Website, storage, capacity, features and/or these Terms and Conditions at any time and without liability to User or to any third party. SBI reserves the right to impose limits on certain features of the Services, including limits on excessive use of storage capacity, at any time, without notice and without liability to User or to any third party. Further, User acknowledges and agrees that SBI may amend any or all of the Terms and Conditions (including Fees and rules) applicable to its Service at any time, at SBI's sole discretion. Any amendment of the Terms and Conditions will be reflected on the Website and applicable to all current Users at the time it is posted. Users are expected to review the Terms and Conditions posted on the Website periodically to obtain notice of any changes. Continued use of the Services constitutes acceptance of SBI's then-current Terms and Conditions, including any amendments thereto.
3. Registration and Eligibility: The Services are only available to United States residents 18 years of age or older with a valid email address. To access and use the Services, you are required to register with SBI and provide SBI with any required User Information (as defined in Section 5, below).
4. Password and Security: After you register to use the Services, you will be prompted to select a username and password and then, the installation program will generate a unique Data Encryption Key number, also known as a Spare Key ("Spare Key"), for your use accessing your stored data. You must have your username, password, and Spare Key ("Login Data") in order to retrieve your information and data stored with SBI. You are solely responsible for maintaining the confidentiality of your Login Data. For your security, SBI will send a copy of your Spare Key to an Escrow Company that is not affiliated with SBI (the "Key Manager") and SBI will not retain a copy of the Spare Key. To retrieve lost Login Data, please see the FAQ's posted on this site. User agrees that it shall immediately notify SBI in writing or by electronic mail of any unauthorized use of its Login Data. As such, User acknowledges and agrees that SBI will have no liability or responsibility whatsoever for any damages or losses caused or alleged to have been caused by the Key Manager.
5. User Information: User will provide certain device, contact, payment and personally identifiable information to SBI during the registration process, including, but not limited to, your credit card payment information (the "User Information"). User represents and warrants; (a) that all User Information is accurate and complete at the time of registration; and (b) that User information will be continuously updated such that the User Information shall at all times be current, accurate and complete. User acknowledges that it is solely responsible for maintaining a valid credit card number on file and that SBI shall have no liability if it is unable to renew the Services due to an expired credit card or outdated User Information.
6. Privacy Statement: The terms of the privacy policy located at [URL] or any successor sites thereto (the "Privacy Statement") , as it may be amended from time to time in SBI's sole discretion, are incorporated by reference into these Terms and Conditions. User is encouraged to periodically review the Privacy Statement to obtain notices of any changes or modifications to the Privacy Statement.
7. SBI Software License Grant: In order to use SBI Services, you will be required to download certain enabling SBI Software, which may include certain third party software. SBI grants to you a limited, revocable (subject to Section 12, Termination, below), nonexclusive, non-transferable license to install and use the SBI Software solely for your use of the Services. In addition, if you use the portal to download any third party applications, you acknowledge and agree that third party license terms govern your use of such third party software. The SBI Software may only be reproduced, installed and used on the devices registered for the Services. You may make one (1) copy of the SBI Software for backup purposes; otherwise, you may not reproduce any part of the Software. You shall not: (a) cause or permit any reverse engineering, decompilation, modification, adaptation, translation or disassembly of the SBI Software, or create any derivative works based on the SBI Software or the Services; or (b) sell, rent, lease, timeshare, lend, sublicense, distribute, assign or otherwise transfer any rights in the SBI Software without SBI's prior written consent.
8. Service Fees/Credit Card Charges and Authorization:
(a) SBI will provide User with two (2) GB of free storage subject to these Terms and Conditions. Additional storage will be subject to the Services Fees as set forth on the Website. If you sign-up for additional storage and Services, depending on the subscription plan you have chosen, you authorize a recurring monthly or annual charge to your credit card in the amount of the then current Fee for the selected Services posted on the Website, provided however, that SBI shall provide User with at least thirty (30) days prior written notice of any increase in the Fee for the Services that User subscribes too. User's failure to provide SBI with its intent to terminate the services within fifteen (15) days of the notice date will constitute acceptance of the Fee modification.
(b) If your use of the Services exceeds the limits of your chosen service plan in any given period, you will be notified of you usage and provided with upgrade options and applicable fees related to those options. In the event that SBI is forced to collect any unpaid amounts owed to SBI, you agree to pay all costs of collection including, but not limited to, attorney's fees.
(c) Unless the Services are terminated by User or SBI as set forth in these Terms and Conditions, if you subscribe to an annual Service, upon thirty (30) days prior written notice your subscription will be automatically renewed for an additional year at the then current Fees set forth on the Website.
9. Subscriptions/Plans:
(a) Monthly Plan: If you choose a monthly plan, you acknowledge that your subscription and fees are collected on a monthly basis in advance. Your subscription will automatically be renewed at the current monthly pricing plan and your credit card will be billed by SBI in advance for the next month of service unless another plan is selected or you cancel your subscription prior to the beginning of the next billing cycle. In the event that you cancel or terminate the Services, anytime after subscribing, you acknowledge and agree that any remaining balance will be forfeited and no refund will be provided.
(b) Annual Plan: If you choose an annual plan, you acknowledge that your subscription covers a twelve (12) month term in which SBI will charge your credit card for the full amount of the discounted annual plan. At the end of your term, your subscription will automatically be renewed for another twelve (12) month term at the then-current annual pricing plan, and your credit card will be charged by SBI for the new twelve (12) month term unless another plan is selected or you cancel your subscription prior to the beginning of the next billing cycle. In the event that you cancel or terminate the Services anytime during a twelve (12) month term, you acknowledge and agree that any remaining balance will be forfeited and no refund will be provided. However, if you decide to upgrade to a more expensive subscription plan during the term of your annual subscription period, SBI will give you a credit on a prorated basis toward your new plan for any prepaid fees from your current plan.
(c) Promotional Plans: If you subscribe for a promotional Service plan you acknowledge that your subscription and Fees are on based on the current promotional plan you have selected. Your subscription will automatically be renewed at the current monthly Fee, not at the promotional rate, and your credit card will be billed by SBI for the next month of Service unless another plan is selected or you cancel your subscription prior to the beginning of the next billing cycle.
10. Termination: SBI expressly reserves the right to limit your use of or terminate the Services (a) for a breach of these Terms and Conditions, including, but not limited to a User's payment obligations, which remains uncured for ten (10) days after notice of such breach, including if your credit card is declined for any reason; (b) if you commit fraud or engage in any other dishonest conduct related to or in connection with the Services; (c) if you are signed up for the free Service and SBI does not detect an active connection between your account and the Spare Backup Servers within a period of sixty (60) days, despite automatic scheduled connections to the Service; (d) if the SBI Software and/or Services becomes the subject of an infringement claim that may disrupt your use of the SBI Software, and/or Services; and/or (e) if SBI no longer makes the Services commercially available. You may terminate the Services at any time with or without cause by giving notice of such termination to SBI. For your security, requests to terminate accounts MUST originate from the registered email account at Spare Backup addressed to help@sparebackup.com. Under no circumstances will a cancellation request received via the phone or chat be accepted. Upon termination, User will have access to Your Data stored by the Services for up to thirty (30) days after cancellation/suspension of service.
11. SBI Software Limited Warranty & Warranty Disclaimers: SBI WARRANTS FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE YOU DOWNLOAD THE SBI SOFTWARE FROM THE WEB SITE, THAT THE SBI SOFTWARE, IF USED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, WILL BE FREE OF DEFECTS AND WILL PERFORM SUBSTANTIALLY THE FUNCTIONS DESCRIBED HEREIN EXCEPT, SBI DOES NOT WARRANT THAT THE SBI SOFTWARE WILL WORK IN COMBINATION WITH OTHER PRODUCTS USED BY YOU, THAT THE SBI SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SBI SOFTWARE OR THE WEBSITE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE, OR THAT ALL SBI SOFTWARE OR WEBSITE ERRORS WILL BE CORRECTED. If you report a SBI Software error which represents a failure of this warranty, SBI will, at its option: (a) correct or provide a reasonable workaround for the error; (b) provide a replacement of the SBI Software which complies with the warranty; or (c) refund the subscription Fees you prepaid.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, SBI MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. The limited warranties in this section shall not apply to any defects which are caused by (x) modifications of the SBI Software made by any party other than SBI; (y) a failure of your hardware or other software to function normally in conjunction with the SBI Software where such failure is not directly caused by the SBI Software; or (z) your failure to use the SBI Software according to SBI's specifications and these Terms and Condition. The remedies set forth in this section are your sole and exclusive remedies, and SBI's sole and exclusive liability, for any breach of the limited warranties provided in this Agreement.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on the length of an implied warranty, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.
12. Security of Stored Information: SBI will use reasonable efforts to prevent the unauthorized disclosure or destruction of Your Data; however, no archival or security system is either impenetrable or infallible. Except in extraordinary circumstances, or where legally required to do so, SBI will not seek to decrypt Your Data, and will make reasonable efforts to preserve Your Data in the same format in which it was received from you. Notwithstanding the foregoing, SBI does routinely collect and analyze metadata regarding User data designated for archival using the Service, including, without limitation, header information, checksum quantities, file size, file type, and archival dates. This information is used by SBI in the aggregate to gauge service levels and application performance, and, in some instances, for data recovery purposes. In the event that SBI is served a subpoena or is otherwise legally compelled to provide access to Your Data, SBI will use reasonable efforts to provide you with prompt written notice of the same (as provided below) to enable you to take any action you deem necessary to prevent such access, all at your sole expense and without SBI's cooperation or assistance; provided, however, that if no such relief is obtained SBI may provide access to Your Data with no liability.
13. User Obligations Regarding Stored Information:
(a) You are solely responsible for the content of Your Data that you store or retrieve through SBI's Services. Except as set forth above, SBI does not review, inspect, edit or monitor Your Data. As a condition of using the Services, you represent and warrant (i) that you have sufficient rights to Your Data, (ii) that Your Data does not include any illegal or improper items, (iii) that Your Data complies in all respects with these Terms and Conditions, and (iv) that your use of the Services do not infringe or violate any third party's copyright, patent, trademark, trade secret, license or other proprietary rights. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. You agree not to use the Service for any illegal purposes, not to use the Service to store, retrieve, transmit or view any illegal pictures, files or information, or any material that encourages illegal conduct.
(b) You also acknowledge and agree that it is your sole responsibility (i) to verify and confirm the compatibility of the device(s) registered for use in connection with the Services, and (ii) to designate manually any data, files, programs, and applications you wish to be stored by the Services. You further acknowledge that, by default, SBI only automatically backs up data from certain popular installed applications on typical operating systems, and that it is the User's responsibility to review and modify the files and programs selected for backup. You further acknowledge that SBI may not detect all of your important and unique data, and you agree, therefore, to confirm manually all backup requests. For questions regarding storage and backup limitations, please see our FAQ's section, posted in the FAQ section.
(c) Your account may be automatically connected to the Spare Backup servers depending on your account selection; notwithstanding, if you are signed up for the free Service and SBI does not detect an active (non-automated) connection between your account and the Services within a period of sixty (60) days, SBI reserves the right to consider the account abandoned and may suspend or terminate the account in accordance with Section 10(c) above.
14. Customer Support: Spare Backup shall provide all User support services. Support is available twenty four (24) hours a day every day during the year with the exception of December 25th. Customers may request support via telephone at (775) 392-2181 and/or email at walmart@sparebackup.com. Chat support is also available. See the Website for access to chat support. When utilizing Spare Remote Desktop Support Services, you agree to accept the technician(s) accessibility to your computer, if needed and as directed.
15. Limitations on Use of Services: User represents, warrants and covenants that its use of the Services shall not: (a) violate any applicable local, state, or federal law, statute, ordinance, rule or regulation; (b) that User will not export the SBI Software and/or Services without the appropriate United States export license or other export authorization. (The SBI Software and Services are subject to U.S. export controls, including the Export Administration Regulations ("EAR") (15 C.F.R. å¤ 730 et. seq), which prohibit the SBI Software from being downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria (or any other country which may be listed at the time in "Country Group E" of the EAR) or any other country to which the United States has imposed an embargo or other economic sanctions; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Denied Persons List. By restoring or using the SBI Software, you are agreeing to the foregoing provisions and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list); (c) interfere with or disrupt computer networks connected to the Service or the Website, including but not limited to storing any information which contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity; (e) forge headers or in any manner manipulate identifiers in order to disguise the origin of Your Data; (f) knowingly interfere with or disrupt the use of the Services by any other User, nor "stalk", threaten, or in any manner harass another User; (g) upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any "investment opportunities" or disseminating large amounts of data to third-party recipients using the Services; (h) upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems; (i) use the Services in such a manner as to gain unauthorized entry or access to the computer systems of others; (j) upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law; or (k) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable in any manner whatsoever.
16. Improper or Impermissible Use: If SBI is notified that an account is being used for storage or distribution of any illegal or improper material, such as copyrighted or illicit content, or for some other improper or impermissible purpose, then SBI may take any steps it deems necessary to protect the integrity of its Services and business, and comply with laws, including, but not limited to: (a) notify appropriate authorities; (b) refuse or disable User access to the Service; (c) remove or delete Your Data, in whole or in part, from the Services; (d) terminate the User's account; and/or (e) take any other action with respect to the Your Data or account that SBI, in its sole discretion, deems reasonably necessary. SBI may at its sole discretion take such protective measures without further notice to or consent from the User.
17. Disposition of Stored Information Post-Termination: YOU UNDERSTAND THAT YOUR DATA STORED BY SBI ON YOUR BEHALF UNDER THIS AGREEMENT SHALL BE DELETED THIRTY (30) CALENDAR DAYS FROM THE DATE THE AGREEMENT IS TERMINATED (THE "TERMINATION PERIOD"), WITHOUT FURTHER CONSENT FROM OR NOTICE TO YOU (UNLESS DELETED EARLIER FOR IMPROPER OR IMPERMISSIBLE USE) WITHOUT LIABILITY. Prior to the last day of such Termination Period, you may remove all of Your Data.
By using the Software you are agreeing to release SBI and Simplexity from any and all liability, claims and damages due to lost or stolen Data whether or not you request a data copy. Links to Third Parties: The Services may provide links to the websites or services of others ("Third-Party Sites"). Links to such Third-Party Sites do not constitute an endorsement by SBI and/or Simplexity of such Third-Party Sites, or the products, content, materials or information presented or made available by such Third-Party Sites. User acknowledges and agrees that neither SBI nor Simplexity is responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Sites, or from the products, content, material, services or information presented by or made available through such Third-Party Sites.
18. Downloading Information/Material: USER HEREBY RELEASES SBI, SIMPLEXITY, EACH PARTY'S AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, PARTNERS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL ACTUAL OR ALLEGED DAMAGES WHICH MAY RESULT FROM USER DOWNLOADING ANY INFORMATION OR MATERIALS FROM THE WEBSITE.
19. Indemnification: By using the Services you agree that you shall fully defend and indemnify SBI, including its officers, directors, owners, managing agents, attorneys, contractors, licensees, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys' fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly arising from (a) any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in these Terms and Conditions; or (b) your use of the Services. You agree that SBI shall have the right to participate in the defense, and to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in of any such claim through counsel of its own choosing at SBI's expense.
20. ARBITRATION: ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY BINDING ARBITRATION IN SAN DIEGO, CALIFORNIA OR THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC ("JAMS") OFFICE CLOSEST TO THE LOCATION IN WHICH YOU FIRST USED THE SERVICES AND IN ACCORDANCE WITH THE RULES OF JAMS. Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in the United States. Any action to confirm or vacate such an award must be brought in either the Superior Court of California, County of San Diego or the United States District Court for the Southern District of California. You consent to personal jurisdiction and venue in such courts and you waive any challenge to personal jurisdiction or venue in such courts. You further agree that SBI shall be entitled to collect its attorneys' fees, costs and other expenses in the event that SBI acts to enforce this arbitration and forum selection clause, regardless of whether SBI prevails in the underlying action. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the federal law of the United States of America. The only exception to these mandatory arbitration provisions is as follows: Nothing shall preclude SBI from: (i) seeking and obtaining any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this Agreement or to remedy a breach thereof, or (ii) bringing an action to enforce this Agreement or the provisions hereof in the event JAMS will not or cannot arbitrate a particular dispute. Any action under this section may be brought in either the United States District Court for the Southern District of California or the Superior Court of California, County of San Diego, and each party consents to the in personam jurisdiction of such Courts for the purpose of any such action or proceeding. Each party hereby waives all rights it has or which may hereafter arise to contest such exclusive jurisdiction of the United States District Court for the Southern District of California or the Superior Court of California, County of San Diego, CA.
21. WAIVER OF JURY TRIAL AND CLASS ACTION: YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO JOIN A CLASS AND/OR A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND SPARE BACKUP THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived.
22. Choice of Laws: This Agreement, and all questions with respect to the interpretation of this Agreement, shall be governed by and construed in accordance with the internal laws of the State of California, without regard for conflict of laws provisions. User expressly consents to personal and exclusive jurisdiction in the courts of the State of California located in San Diego County. The United Nations Convention on Contracts for the International Sale of Goods, and any successor treaties, will not govern this Agreement.
23. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any SBI service or this Agreement must be filed by You within one year after such claim or cause of action arose or be forever barred.
24. Automatic Update Feature: From time to time, SBI or third parties may automatically update or otherwise modify the SBI Software, for example, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions. Such updates or modifications may delete or change the nature of features or other aspects of the SBI Software, including functions you may rely upon. You hereby agree that such activities may occur at SBI's sole discretion and that SBI may condition continued use of the SBI Software upon your complete installation or acceptance of such update or modifications; provided, however, that if User does not accept any such update or modification SBI will terminate User's account and if User subscribed to an annual plan, issue a prorated refund of Service Fees paid by User for the remainder of the term.
25. International Use: The SBI Software and the Services are for use in the US only. No international use is permitted by SBI under this Agreement. Recognizing the global nature of the Internet, SBI makes no representation that the Services or the materials on the Website are appropriate or available for use in locations outside the United States, and accessing such materials from or distributing such materials to territories where their content is illegal is strictly prohibited. Specifically, you agree to comply with all applicable laws regarding the transmission of software and technology (e.g., technical data) exported from the United States. Those who choose to access the Website do so at their own initiative and are responsible for compliance with local laws. You may not remove, transmit, download or otherwise export from the United States or countries listed above, or allow the export or re-export of any software or technology owned by SBI or its licensors in violation of any restrictions, laws or regulations of the United States Department of Commerce Bureau of Industry and Security, the United States Department of Treasury Office of Foreign Assets Control or any other United States or foreign agency or authority. As defined in EAR Section 2.101, all software and documentation licensed in connection with the Services are "commercial items" and according to EAR Section 252.227-7041(a) (1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Any use, duplication, or disclosure of such software or documentation by the Government is subject to restrictions as set forth in subparagraph (b)(3) of the Rights in Technical Data and Computer Software clause of EARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as amended and as applicable, or any successor regulations thereto. Manufacturer is SBI, 990 Iron Wood Drive, Minden, Nevada 89423.
26. Limitation of Liability: IN NO EVENT WILL SBI, SIMPLEXITY, ITS RESELLERS, DISTRIBUTORS, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WHICH EXCEEDS THE AMOUNTS PAID BY USER TO SBI, IF ANY, FOR THE SERVICES FOR THE TWELVE MONTH PERIOD (IF PAYING ANNUALLY) OR THE ONE MONTH PERIOD (IF PAYING MONTHLY) PRECEDING THE EVENT FORMING THE BASIS OF THE CLAIM. IN NO EVENT WILL SBI NOR ANYONE ELSE INVOLVED IN OFFERING, CREATING, DELIVERING OR MAINTAINING THE SERVICE BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES RELATED TO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR LOSS OF PROFITS ARISING OUT OF USER'S USE OF OR INABILITY TO USE THE SBI SOFTWARE OR THE SERVICES AND/OR AND THIRD PARTY APPLICATION, OR OUT OF ANY BREACH OF WARRANTY, EVEN IF SBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
27. Notices: Notices shall be given as follows:
To SBI: To be valid, notices must be sent by email to legal@sparebackup.com or by certified mail, return receipt requested or overnight delivery with proof of delivery, to Spare Backup Inc.; Attention: Legal Department; 990 Iron Wood Drive, Minden, Nevada 89423, with a copy sent to Darrell Palmer, Esq., 603 N. Hwy 101, Solana Beach, CA 92075 or to such other address as may be designated by SBI from time to time. Notices to SBI shall be deemed to have been received 24 hours after the email is sent or three days after the date of mailing by certified mail, return receipt requested or on the day of delivery if sent by overnight delivery service.
To User: Notices to User will be sent by email at the email address reflected in User's registration information. Notices to User shall be deemed to have been received 24 hours after the email is sent.
28. Assignability: SBI shall be entitled to assign this Agreement or any of its rights under this Agreement in its sole discretion. User shall not be entitled to assign, sublease, sublicense, sell, offer for sale, encumber or otherwise transfer or dispose of its rights under this Agreement, in whole or in part, without SBI's prior written consent.
29. Waiver: The failure of SBI to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision, nor shall any such waiver constitute a continuing waiver unless expressly provided otherwise.
30. Third-party Beneficiary: User acknowledges and agrees that Simplexity is an express third-party beneficiary under this Agreement. Simplexity may take any equitable or legal action required, without the requirement to post a bond, to enforce the provisions of this Agreement.
31. Non-Commercial Use: If you choose a plan requiring non-commercial use of the Service, you may not resell, wholesale, sublease or otherwise use the Service to generate revenue from SBI's backup and restore Service, without the prior written consent of SBI. SBI will periodically review non-commercial use accounts containing unusually high number of files or storage capacity (typically over 50GB) to check for commercial use of the SBI Service. Customer acknowledges and agrees that it is subject to SBI's Fair Use Policy below.
Spare Backup does not impose fixed limits to the amount of your storage on our Fileservers with an unlimited plan. We don't charge you per GB of storage or for Bandwidth used or for the load that you generate on our systems. Instead we apply a Fair Use Policy.
What does this Fair Use Policy mean?
Spare Backup is a shared service and we cannot allow the actions of a few users to negatively influence the system performance for the majority. Activities such as continual data upload over an extended period of time (typically 30 days) or submission of data to our servers at an accelerated rate could violate our Fair Use Policy and Spare Backup may intervene to control the overall Spare Backup high-quality user experience.
When do we invoke the Fair Use Policy?
Spare Backup may limit or halt service to any user imposing excessive load on the Spare Backup system to prevent compromising the system performance for the other users. Spare Backup may limit or halt service to any user who stores more than the high usage averages among our biggest users (Currently about 200GB). Spare Backup also reserves the right to review the types of files to determine if it is fair use of the service. While we can determine the types of files being backed up, Spare Backup has no access to your file content.
What happens when we invoke the Fair Use Policy?
Customer satisfaction is very important at Spare Backup, and we know that violation of the Fair Use Policy may be unintentional. When Spare Backup invokes the Fair Use Policy by limiting or halting the service, we will contact the customer immediately to find a solution.
32. Miscellaneous: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future law effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms and Conditions. A party will not be liable for nonperformance or delay in performance (other than with respect to payment obligations) caused by any event reasonably beyond the control of such party, including, but not limited to, acts of war (declared or undeclared), Acts of God, acts of terrorism, fire, strike, labor difficulties, acts or omissions of any governmental authority or of another party, compliance with government regulations, insurrection or riot.
33. Ownership of Intellectual Property: All trademarks, service marks, logos, and company names (each a "Mark") used in the Website are the property of SBI or third parties and are and shall remain the property of SBI and such third parties. Nothing contained in the Website or Service shall be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Website or Service without the written permission of SBI or such third party that may own the Mark displayed on the Website or Service. Your use of any Mark displayed on the Website or Service is strictly prohibited.
You further acknowledge and agree that all other content and materials available on the Website, including the SBI Software, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. © 2010 Spare Backup, Inc. All rights reserved. The Terms and Conditions were last revised on March 20, 2010.
SCFR Celebrate Milestone : Security First International Holdings, Inc. (Pinksheets: SCFR.PK) Celebrates Major Milestones in the first 90 days from the Release of M-Cash™ Funding Gateway
Jan 09, 2013
OTC Disclosure & News Service
Thornhill, ONT, Canada
This release includes additional documents. Select the link(s) below to view.
SCFR_90dayMilestones_ 01-09-13 V1.pdf
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
Can't Sleep Tonight , Waiting For SCFR Pre Market Action ...
Few People Were Bidding Yesterday !
Can't Wait Until Tomorrow !
$SCFR More Good News On The Way IMO , very transparant company !
Awake Dude ?
$SCFR (0.045) Less Than 15M Float , About To Make a Strong Move ...
Another Breakout Could Begin Shortly Man !
Security First International Holdings, Inc. (
PINKSHEETS : SCFR ), a leading provider of mobile financial products and
services for consumers, is extending the companys M-Cash™ mobile
reload service to over 70 million active AT&T subscribers.
AT&T Android customers can now load funds to their
American Express prepaid cards through the M-Cash™ service. This follows
the companys recent approval as a partner of the AT&T National
Affiliate Program.
The revolutionary M-Cash™ mobile reload service is available
to all subscribers of the major mobile networks that currently control
more than 80 percent of the wireless market. The companys M-Cash™
mobile reload service is a convenient way for consumers to securely fund
prepaid reloadable cards with any Android mobile device, and is
available to all American Express prepaid card holders through Google
Play for a onetime charge of $4.95.
Reportedly, at the end of the second quarter of 2012,
AT&T said it had 105.2 million wireless subscribers, Verizon had a
total of 111.3 million wireless customers, and Sprint and T-Mobile
reported 56 million and 33.2 million subscribers respectively.
"This partnership demonstrates our commitment to providing
the M-Cash™ mobile reload service to the growing unbanked market
nationwide," said Brian Fowler, President.
M-Cash™, mobile reload service launched in partnership with a 3rd
party Bank of America Merrill Lynch ACH CashPro service provider in Q4
2012, and has since been approved as an affiliate partner with American
Express and AT&T.
"We see value with these partnerships in that M-Cash™ will
serve consumers with a new convenient form of loading funds from their
mobile carrier bill to their American Express Prepaid Card," commented
Teresa Ambroz, CEO.
Security First International Holdings, Inc. (
PINKSHEETS : SCFR ), a leading provider of mobile financial products and
services for consumers, is extending the companys M-Cash™ mobile
reload service to over 70 million active AT&T subscribers.
AT&T Android customers can now load funds to their
American Express prepaid cards through the M-Cash™ service. This follows
the companys recent approval as a partner of the AT&T National
Affiliate Program.
The revolutionary M-Cash™ mobile reload service is available
to all subscribers of the major mobile networks that currently control
more than 80 percent of the wireless market. The companys M-Cash™
mobile reload service is a convenient way for consumers to securely fund
prepaid reloadable cards with any Android mobile device, and is
available to all American Express prepaid card holders through Google
Play for a onetime charge of $4.95.
Reportedly, at the end of the second quarter of 2012,
AT&T said it had 105.2 million wireless subscribers, Verizon had a
total of 111.3 million wireless customers, and Sprint and T-Mobile
reported 56 million and 33.2 million subscribers respectively.
"This partnership demonstrates our commitment to providing
the M-Cash™ mobile reload service to the growing unbanked market
nationwide," said Brian Fowler, President.
M-Cash™, mobile reload service launched in partnership with a 3rd
party Bank of America Merrill Lynch ACH CashPro service provider in Q4
2012, and has since been approved as an affiliate partner with American
Express and AT&T.
"We see value with these partnerships in that M-Cash™ will
serve consumers with a new convenient form of loading funds from their
mobile carrier bill to their American Express Prepaid Card," commented
Teresa Ambroz, CEO.
Security First International Holdings, Inc. (PINKSHEETS: SCFR), a leading provider of mobile financial products and services for consumers, announces today their partnership with a Bank of America Merrill Lynch third party ACH service provider. This ACH CashPro service provider partnership will enable batch processing and settlement of funds to reloadable pre-paid debit cards for the companys M-Cash™ Wallet.
The companys M-Cash™ Wallet is a convenient way for consumers to securely fund prepaid re-loadable cards without needing cash -- directly from an Android mobile device carrier bill.
"In a single daily session, we are now positioned to seamlessly initiate as many ACH transactions that are required to accommodate the millions of consumers looking to fund their prepaid reloadable cards without cash. Our partnership with a Bank of America Merrill Lynch ACH service provider positions our proprietary funding gateway M-Cash™ as a leader today with no cash required prepaid card funding," says Brian Fowler, President.
Bank of America Merrill Lynch has been an ACH industry leader for over three decades and as the number one receiver of ACH payments and the third largest ACH payments originator, they respectfully process billions of transactions annually. Security First International Holdings confidently leverages this partnership to create a standardized and automated agile prepaid card funding strategy, which today is a top priority for all multinational corporations.
"Our M-Cash™ product is designed and readied for the adoption of and opening of new reloadable prepaid cards, which today are surpassing basic checking accounts with a trending opportunity expected at $440 billion by 2017. Security First International Holdings, Inc. is riding this wave of growth as the first reloadable prepaid card provider to marginalize the need for a cash load requirement through collaborations with a Bank of America Merrill Lynch ACH Service Provider and mobile carrier direct billing partnerships," says Chief Executive Officer Teresa Ambroz.
"We see value with these partnerships in that M-Cash™ will
serve consumers with a new convenient form of loading funds from their
mobile carrier bill to their American Express Prepaid Card," commented
Teresa Ambroz, CEO.
Wayno Are You Still Around ? About To Move Up Here IMO
Sup Champ , $SCFR Ready To Move Up From Here IMO
$SCFR 0.045 Ready To Go Up Up Up Guys !
$SCFR 0.045 x 0.05 Oe Hour Left , Tomorrow Gapper Runner !
$SCFR 0.045 x 0.05 Oe Hour Left , Tomorrow Gapper Runner !
$SCFR 0.041 Tomorrow Day 1 LEss Than 15M Float