This User Agreement (“Agreement”) is entered between you (the “User” or “you”) and Tom Forrest LLC, of 1123 12th Avenue Road, #316, Nampa, ID 83686-5738 (the “OnlinePasswordManager” or “we“), to govern your use of our online password management services, as described below, when you register to become an User at OnlinePasswordManager.com (the “Site“). You acknowledge and hereby agree with the following terms and conditions (the “Terms“):
OnlinePasswordManager offers an innovative internet-based service that uses highly secured cryptographic technologies to organize, manage, store and share confidential data and information. When you sign up for our Service, you will be prompted to create a password protected account (the “Account“) where you can enter and save confidential data and information on our servers (the “Entries“).You will be assigned a user identification code (“User ID“) to access your Account. Entries are transmitted always and exclusively in encrypted form. We can NEVER access nor decipher your Entries. We do not maintain a copy of your encryption key and cannot recover it, nor can we recover your Entries, if any are lost.
By registering as a User, you agree to be subject to the following conditions and limitations on use, and also make the following representations:
You are solely responsible for maintaining and safeguarding access to your Account. Should you suspect your Account has been compromised, it is your sole responsibility to take immediate action to protect your Entries. Immediate action may include, without limitation, logging on your OnlinePasswordManager account and changing your User ID, password and contacting OnlinePasswordManager to report an incident.
An Account will be deemed inactive if there has been no successful login to the Account for a six-month period. Inactive Accounts will be deleted from our system without notice. Upon deletion of your Account, your stored Entries may be lost and may become permanently unrecoverable.
Except as expressly contemplated under this Agreement, OnlinePasswordManager owns all right, title and interest in and to all copyrights, trademarks, service marks, patents, trade secrets or other intellectual property and proprietary rights in and to the Site and Service, and in all media now known or later devised, to the fullest extent provided under the applicable law in any or all jurisdictions where the Service has been used. You shall not remove, conceal or alter any copyright notice, information, disclaimer, restriction or other notice on this Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of OnlinePasswordManager, including the word “OnlinePasswordManager,” without the prior written consent of OnlinePasswordManager, as determined in its sole discretion, for each such use.
You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Site; (iv) sending unsolicited email to any user of the Site, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of system or network security may result in civil or criminal liability. OnlinePasswordManager will investigate occurrences that may involve such violations, and it may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. OnlinePasswordManager will use commercially reasonable efforts not to disclose any information you communicate with, or post to, the Site, but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and the right to remove any data in whole or in part.
We use strong encryption technology to deliver our Service; however, the use of strong encryption technology is illegal in some countries. This may mean that you cannot use our Service in certain countries. We are not responsible for providing you any advice or warning with respect to encryption law compliance matters. It is your sole responsibility to comply with any local encryption laws, and to accept any consequences for the violation of such laws. We reserve the right to suspend the Service immediately and without notice if we determine, in our sole judgment, that the Service is being used in violation of local regulations governing the use of cryptographic technologies (even though we have no responsibility to make such determination), and without prejudice to any appropriate action to recover losses which may be sustained.
ONLINEPASSWORDMANAGER DOES NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SERVICE, AND THE SITE CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ONLINEPASSWORDMANAGER CANNOT ENSURE THAT FILES CONTAINED OR DOWNLOADED FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES. ONLINEPASSWORDMANAGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ONLINEPASSWORDMANAGER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.
ONLINEPASSWORDMANAGER disclaims any and all liability for the acts, omissions, and conduct of any third-party users, ONLINEPASSWORDMANAGER users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site and our Service. ONLINEPASSWORDMANAGER is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL ONLINEPASSWORDMANAGER BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ONLINEPASSWORDMANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By accessing our Site and using our Service, you acknowledge and agree that you are using our Service at your own risk. You further acknowledge that the availability of Service access and response time may vary due to, without limitation, network traffic condition, User system performance, third-party website system performance, ONLINEPASSWORDMANAGER system performance, and numerous other factors. You agree to indemnify and hold ONLINEPASSWORDMANAGER, its affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and our Service, including your use of the Site to provide a link to another site or to upload content or other information to the Site.
If you breach the terms of this Agreement, OnlinePasswordManager reserves the right to consider the contract rescinded without prejudice to the full right of recompense for the damage and of payment of the considerations for the Service provided. You agree that monetary damages may not provide a sufficient remedy to OnlinePasswordManager for violations of this Agreement, and you consent to injunctive or other equitable relief for such violations.
The waiver by OnlinePasswordManager of a breach or a violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach or violation of any other provision of the Terms of this Agreement.
This Agreement shall be governed by the laws of the state of Idaho, USA, without reference to any choice-of-law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to this Agreement shall be submitted to the courts having jurisdiction in Idaho, and the parties consent to the personal jurisdiction of such courts with respect to such disputes.
In any action incurred to enforce this Agreement or defend Service provided according to the Agreement, the prevailing party shall be entitled to reasonable attorney’s fees.
This Agreement may be amended, modified, or deleted at any time with or without notice to you at the sole discretion of OnlinePasswordManager. In the event there is a material change made to this Agreement, we will use commercially reasonable efforts to notify you of the change, provided that you have a workable email address in our system. Whether or not the change is material is within the sole discretion of OnlinePasswordManager.
You represent that you have carefully studied and considered each and every provision of this Agreement and hereby explicitly and specifically approve each such provision.
I HAVE READ, UNDERSTAND AND AGREE