Read Our Terms and Conditions Carefuly
Secure Amelia Terms of Use
Effective Date August 29th, 2022
IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES, OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY. SERVICE PROVIDERS: SECURE AMELIA IS NOT LIMITED TO ARBITRATION AS TO ACTS OF FRAUD OR OTHER WILLFUL MISCONDUCT BY YOU, WHICH SECURE AMELIA MAY ADDRESS BY ALL LAWFUL MEANS.
Guide to Terms of Use. These terms of use have several parts:
Part 1, Agreement to Terms, and Part 2, General Terms, apply to you in all cases as a User of the Services or Properties (as those terms are defined below).
Part 3, Describes important legal terms.
Part 1: Agreement to Terms
Agreement to Terms. This constitutes a legally binding contract between Secure Amelia, LLC. ("Secure Amelia," "we," "us") and you, with respect to your use of this Web site as a "User," our mobile application, our related telephone services, and other Secure Amelia web and digital properties (collectively, the "Properties"), and all products and services available from Secure Amelia, service providers or other third parties in connection with the Properties (individually and collectively with the Properties, the "Services"). By accessing or using the Services, you acknowledge, as a User, that you have read, understood, and agree to be bound by these terms of use, our Privacy Policy (located here), and any applicable Additional Program Terms (as defined below), including any updates posted here or otherwise communicated to you (collectively, the "Terms"). If you do not agree to the Terms, please do not use the Services.
Changes to Terms. We may modify the Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.
Consent. If you are accessing and using the Services, you affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, the Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to the Terms. In that situation, "you" and "your" will refer to both you and that entity.
Our Privacy Policy. Our Privacy Policy, which describes how we collect and use information from our Users, is available here, as well as through the link titled "Privacy" on our homepage and other locations within the Properties.
Other Program Terms. Certain programs offered by Secure Amelia through the Services may have additional terms and conditions (the “Additional Program Terms”). If you elect to participate in one of these programs, Secure Amelia will communicate the applicable Additional Program Terms to you. By participating in that program, you acknowledge that you have read, understood, and agree to be bound by, the Additional Program Terms, which will be deemed to be a part of the Terms.
Part 2: General Terms
Our Services
Services We Provide. Secure Amelia provides “Best Practice” training and guidance to technology Users on the employment of the User’s information technology systems. Secure Amelia also provides supporting information to enhance training and guidance though the web site and other electronic communications. The Service is designed to reduce User’s personal exposure to cyber vulnerabilities and to reduce the propensity for User identity theft.
Additional Services, when clearly and explicitly designated, may be provided and billed for by Secure Amelia. Examples of Additional Services include, but are not limited to, hardware and network installation and troubleshooting. Other Service Providers may offer products and services which are critical to Users achieving their cyber security and identity theft protection goals. Secure Ameila may, at the request of Users, assist with implementation of these Other Services. Examples of Other Services include, but are not limited to, Multi Factor Authentication (MFA) systems, Password Management Systems, Virtual Private Networks (VPSs), etc. Secure Amelia takes no Responsibility, and makes no Endorsement or Guarantee to Users or Service Providers for any service provided.
Secure Amelia does not deliver, and is not responsible for, any Service Provider’s representations, products, services or advice. Secure Amelia is not an agent of any Users or Service Provider, and Users or Service Providers are not employees or agents of Secure Amelia. Secure Amelia does not engage the Applicant, Employer or Service Provider, except through the Secure Amelia Services in which Secure Amelia coordinates, manages and handles payment for certain services provided to Users by Service Providers.
We do not make any guarantees, warranties or representations of any kind regarding any Service Provider or any products, services or advice of any Service Provider, and neither we nor any third party that refers you to the Services will be responsible for any action or inaction of any Service Provider.
For additional clarity, any reference to or use by any Service Provider of any Services, Properties, or trademarks or other brands or names of Secure Amelia does not in any way change the disclaimers by Secure Amelia regarding Service Providers as described in this document. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. We do not guarantee that the Services can match a User’s service needs with a Service Provider or that there are Service Providers in a User’s area or scope that are capable of and willing to meet a User’s service needs. When a Service Provider provides you with products, services or advice, your rights will be governed by your contract with the Service Provider and by applicable federal, state and local laws.
Accounts and Charges for Users
User Account. Account registration is required for Users to receive or use certain Services. When you open or confirm an account, you will be required to provide us with specified personal information, which may include your name, address, mobile phone number, and (if applicable) credit card payment details. You must keep your account information complete, accurate and current at all times. You agree to maintain the security of your account information and that you are responsible for all activity in connection with your account. By creating your account, you agree that communication may be made with you via telephone, email, text (SMS) message or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Services.
Charges and Remuneration. When Secure Amelia performs work for you, you will be charged for the products or services we provide ("Service Ameila Charges"). As a convenience, and as approved by Users, Secure Amelia may charge you for certain products or services that are provided by Secure Amelia in conjunction with Service Providers ("Secure Amelia Charges") (Secure Amelia Charges and Service Provider Charges, collectively, "Charges"). If Secure Amelia coordinates, manages and handles payment for services provided to you by a Service Provider through the Secure Amelia Services program, the charges to you for those services will be deemed to be Secure Amelia Charges. You will be informed of Charges before products or services are provided by Secure Amelia and/or Service Providers, as the case may be (including, in the case of Secure Amelia Charges, any cancellation fees and terms). Secure Amelia may offer discounts on Secure Amelia Charges from time to time in its sole discretion; to receive those discounts, you must comply with the terms and conditions Secure Amelia specifies for the discount. You should confirm Charges each time you request or contract for products or services. Applicable sales tax will be added to all Charges where required by law.
Consent for Communications
Telephone Calls and Other Communications. When you contact us, when we contact you, or when you communicate with a Service Provider (including when we connect calls between Users and Service Providers), we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. Calls between Service Providers and Users that originate with a partner service may also be monitored and recorded. You consent to this monitoring and recording.
Your Consent to Receive Automated Calls/Texts. By providing your telephone number(s), you consent to receive autodialed, pre-recorded or artificial voice calls and text (SMS) messages:
If you are a User, by Secure Amelia, Service Providers, Users and other companies that help connect you to Service Providers about the Services and other services that may be of interest to you; and
If you are a Service Provider, by Secure Amelia, Service Providers, Users and other companies that help connect you to Users, Service Providers about the Services and other services that may be of interest to you; and
Agreeing to receive marketing calls or text (SMS) messages is not a condition of purchasing any goods or services.
We may also contact you for servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services.
You agree that automated calls or text (SMS) messages may be made to your telephone number(s) even if your number(s) is registered on any state or federal Do Not Call list. You agree to be contacted at any email or mailing address or telephone number that you or anyone acting on your behalf provides to Secure Amelia or that we obtain through other lawful means. For complete details on our use of your information, including Collected Information (as defined below), and how to opt out of receiving Secure Amelia marketing communications, please see our Privacy Policy (located here).
Permissible Use
Grant of Limited License to Users. We hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Terms.
Grant of Limited License to Service Providers. We hereby grant you, as a Service Provider acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of providing information, products and services to Users as contemplated by the Services, subject to your compliance with the Terms.
The Services and Secure Amelia’s Marks are Protected. The Services, including all materials, content and information therein and their selection, arrangement and composition, and all trademarks, service marks or other brands or names of Secure Amelia (collectively, the "Content"), are the proprietary property of Secure Amelia and its suppliers and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the Services. Except for the limited license explicitly granted to you under the Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).
No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any Content contained on or in the Properties or otherwise in the Services through automated or artificial means (including screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any Content through any means that Secure Amelia does not intentionally make available through the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Users or Service Providers for any purpose.
No Improper Uses. You may not frame any part of the Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services). You may not use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Secure Amelia, our service providers or suppliers, Service Providers, other Users or any other person.
No Objectionable Conduct. You agree that, in using the Services and interacting with Secure Amelia, Service Providers and/or Users (as the case may be), you will not (i) engage in any form of harassment or offensive behavior, including making abusive, threatening, defamatory, racist, obscene, or offensive statements; (ii) engage in deceptive or fraudulent behavior; (iii) infringe or violate the privacy rights, property rights or any other rights of any person or entity; or (iv) violate any applicable law, rule or regulation.
Account Information
Accurate Information. If you are a User, you will be asked to disclose certain information about yourself when you open or confirm your Secure Amelia account and utilize the Services such as scheduling a service appointment or paying an invoice. You agree to provide us with accurate, complete and up to date information and to keep it updated, complete and correct. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a telephone number that is not your own. If we discover that any information provided in connection with your registration is false or no longer accurate, we may suspend or terminate your account at any time if you do not correct or update such information.
User Submissions and Other Collected Information
Collected Data Definition. You agree and acknowledge that Secure Amelia, Service Providers and Users may collect data, text, photos, videos, comments, reviews, feedback, notes, ideas, know-how, techniques, or other information (individually and collectively, "Information") before, during, and after the provision of Services, or otherwise in connection with the Services (individually and collectively, "Collected Information"). If you (or your agents or authorized representatives) order a Secure Amelia product or service and provide your Information to be used in that product or service (for example, if your data is provided to Secure Amelia to schedule a service appointment), then Collected Information includes the provided Information.
You Are Responsible for User Submissions. The Services may permit you, your agents and other Users and Service Providers to submit Information (individually and collectively, "User Submissions"). The person, or their representative agent, submitting a User Submission, and not Secure Amelia, is solely responsible for that person’s User Submission and the consequences of submitting it. By way of example and not limitation, if a Service Provider provides you with advice or other information, the Service Provider (and not Secure Amelia) is solely responsible for that advice and information. You acknowledge and agree that Secure Amelia has no obligation to pre-screen your or any other person’s User Submissions.
Knowingly submitting false names or contact information, or not keeping your contact information updated, not only wastes everybody’s time, it could result in harm to consumers (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for Secure Amelia and our service providers and partners. Accordingly, if you knowingly input false information in a service request, including any name, telephone number or other contact information that is not yours (whether it’s someone else’s or just made up), or if you fail to keep the information in your Secure Amelia account current and correct, you agree to fully indemnify and be liable to Secure Amelia and each Service Provider or other party who accepts that Application or Service request for any claims (including claims under the Federal Telephone Consumer Protection Act or its state law equivalents), losses, liabilities, damages (direct, punitive, consequential or other), fines, penalties, and costs and expenses (including reasonable attorneys’ fees) incurred by the affected parties in connection with the false or incorrect information. We have the exclusive right to choose counsel, at your expense, to defend any such claims.
Limited Disclosure of User Submissions. Secure Amelia and its licensees may display User Submissions associated with a given product or service, including the address, to a limited audience of Service Providers, and other third parties involved in the Services. You acknowledge and agree that the description of the product or service for which you request Service Provider services, all information contained in any reviews of Service Providers that you submit and any photos that you upload may be viewed by the general public and will not be treated as proprietary or confidential. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public.
License to User Submissions. With respect to both User Submissions and Collected Information, you grant Secure Amelia a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions and Collected Information in any form and any medium, subject to our obligations in the Privacy Policy relating to personal information. We will not pay you or otherwise compensate you for User Submissions or Collected Information. You represent that you are the exclusive owner of all rights in the User Submissions that you submit.
Do Not Post Illegal, Harmful, or Prohibited Content. You agree not to post, submit or link to any User Submissions or material that (i) is prohibited under the section above entitled Permissible Use/No Objectionable Conduct; (ii) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (iii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iv) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.
Reviews of Services. You may only post a review of Secure Amelia Services if you have first-hand knowledge of the services provided by Secure Ameila (that is, Secure Ameila provided products or services to you). You agree that any review that you post or submit will be honest and factually accurate.
Review of User Submissions. We do not approve, control or endorse your or anyone else's User Submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify User Submissions for any reason, at our sole discretion.
Suggestions. If you elect to provide or make available to Secure Amelia any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), Secure Amelia will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
Accuracy of Information. Secure Amelia makes no representation or warranty about the accuracy or suitability of the User Submissions or other information displayed on the Properties or provided through the Services. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Properties, when we are notified or otherwise become aware of such inaccuracy. We do not have any obligation to contact you to update or correct any information previously accessed by or provided to you through the Services.
Third-Party Intellectual Property
Third Party Materials and Intellectual Property. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, "Third-Party Materials"), and Third-Party Materials may be provided on the Secure Amelia Properties as part of the Services. These Third-Party Materials are not owned or controlled by Secure Amelia. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Secure Amelia. All non-Secure Amelia trademarks, product names and logos appearing on our Services are property of their respective owners.
Claims of Copyright Infringement. If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending a written notification to Secure Amelia at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
Secure Amelia, LLC.
Attn: Secure Amelia Legal Department
5575 S. Semoran Blvd.
Suite 36
Orlando FL 32822
Returns; Refunds. In the limited cases where we allow the return of a Secure Amelia Product, the purchase price will be credited to your Secure Amelia account. While Refunds are not given for services rendered, Secure Amelia will not charge you for a service session if, during that session, you express dissatisfaction with the service currently being provided.
If you are a User receiving services from a Service Provider, your rights will be governed by your contract with the Service Provider and by applicable federal, state and local laws. Secure Amelia will provide a refund for Service Provider work only under limited circumstances.
Payments for Secure Amelia Charges that meet our requirements for a refund rather than an account credit (as set forth in the Terms) will be refunded back to the original method of payment. If you paid with a credit card, we will make the refund only to the card you used for the payment, not another card. If the card used to make the payment is inactive or has been canceled, the card issuer should apply the refund to your new card or send you a refund. Please contact your card issuer for more information.
No Interest. You acknowledge and agree that funds in your account within the Services will accrue no interest and you are entitled to no interest earned or otherwise resulting from balances in any accounts within the Services.
Inactive Accounts. If a User account remains inactive for one year or more, Secure Amelia reserves the right to terminate the account, including any credits, incentives, rewards or the like associated with the account.
Modification of Services. We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
Termination; No Right to Services. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to terminate, limit or prevent any User’s or Service Provider’s future access to and use of the Services, for any at any time and for any reason (including those specifically described in these Terms).
Part 3: Additional Important Legal Terms
Warranty Disclaimer
The Services are provided on an "as is" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, the Secure Amelia Parties disclaim all warranties, express, implied, statutory, and otherwise, in connection with the Services and your use of or transactions with Secure Amelia, Users, Service Providers or other third parties, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance.
Limitation of Liability
In no event will Secure Amelia be liable to you or any third party for any cost of cover, lost profits or direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Services and your use of, or transactions with, Secure Amelia, Users, Service Providers or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not Secure Amelia is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event will the collective liability of the Secure Amelia Parties arising out of or in connection with the Terms, the Services, and your use of, or transactions with, Secure Amelia, Users, Service Providers or other third parties exceed the lesser of (a) the amount you have paid to Secure Amelia for use of the applicable Services in the preceding 12-month period less any payments Secure Amelia has made to Service Providers related to your account or (b) if you have not had any payment obligations to Secure Amelia, one hundred dollars (if you are a User) or one thousand dollars (if you are a Service Provider).
Any claims relating to the Services or the Terms must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
Indemnification
In addition to your indemnification obligations with respect to false or incorrect information (described above), you agree to indemnify, defend and hold harmless the Secure Amelia Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including attorneys’ fees) due to or arising out of your transactions with Secure Amelia, Service Providers or other third parties, or any violation by you of any of the Terms or applicable laws. Secure Amelia reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Secure Amelia in asserting any available defenses.
Release
You agree that you bear all risk and, in consideration of the services provided by Secure Amelia, you hereby release Secure Amelia, its affiliates, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the "Secure Amelia Parties") from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services and your use of, or transactions with, Secure Amelia, Users, Service Providers or other third parties (including any claims under the federal Telephone Consumer Protection Act, Truth In Caller ID Act or Telemarketing Sales Rule and any state equivalents, and any federal or state tort or consumer protection laws). You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the civil code of the state of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
Disputes
Binding Arbitration. You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to or use of the Services or the Properties or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Nassau County, Florida or the city within the United States in which you reside. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within Nassau County, Florida for the purpose of entering judgments on arbitral awards.
Class Action Waiver. Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Properties and/or the Services signifies your explicit consent to this waiver.
Venue. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in Nassau County, Florida. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.
Notwithstanding anything to the contrary, you and Secure Amelia may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
Governing Law. You agree that the Terms and any Dispute will be governed solely by United States and Florida state law, without regard to conflict of law provisions.
A User’s rights under an agreement with a Service Provider will be governed by the terms of that agreement and by applicable federal, state, and local laws.
Attorneys’ Fees. If any of the Secure Amelia Parties take legal action against you as a result of your violation of these Terms, the Secure Amelia Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Secure Amelia Parties.
General
Definitional Provisions. All references to “dollars” or “$” in the Terms or on the Properties refer to United States dollars. Unless otherwise indicated, the words “include,” “includes” and “including,” when used in the Terms, shall be deemed in each case to be followed by the words “without limitation.”
Assignment. The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Secure Amelia's prior written consent, but may be assigned by Secure Amelia without restriction and without notice to you.
Entire Agreement and Severability. The Terms (which, as noted above, include any applicable Additional Program Terms) constitute the entire agreement between you and Secure Amelia concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Secure Amelia with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Secure Amelia's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Third Party Beneficiaries. Nothing in the Terms create any right of action on the part of any third party, except (i) for the Secure Amelia Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights and (ii) as expressly provided in the applicable Additional Program Terms.
Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Contact Us. If you have questions about these Terms, please contact us by email at [email protected] or in writing at Secure Amelia LLC, 5575 S. Semoran Blvd. Suite 36 Orlando FL 32822