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Binding Agreement | Privacy Statement | Your Use of Content | Intellectual Property Ownership | Use of the Site
Secured Access | Jurisdiction | Access | Security | General Disclaimers | Exclusion of Damages
Limitation of Liability | Indemnity | Entire Agreement | Termination | Other
1. BINDING AGREEMENT. Please review the following Website Use Agreement (“Agreement”) in its entirety before using the DepositGuard Web Site. This Agreement between Deposit Guard, LLC (“DepositGuard”, “We”, “Us” or “Our”) and you as a user of the DepositGuard Web Site (“You” or “Your”) governs your use of the DepositGuard Web Site, including, without limitation, all content such as text, information, images, applications, and contracts (collectively, “Content”) and all services (“Services”) made available to you through the DepositGuard Web Site (this Site and the Content and Services are collectively referred to herein as the “Site”) by us. This Agreement is a binding legal document that defines your rights and obligations relative to your use of this Site. You indicate your conclusive acceptance of this Agreement by using this Site in any manner whatsoever. If you do not agree to this Agreement, please do not access or use this Site in any manner whatsoever.
DepositGuard (www.depositguard.com) has created this privacy statement in order to demonstrate our firm commitment to privacy. Due to the sensitive nature of the information we sometimes collect from our users, including address and phone numbers, we believe it is important to satisfy strict privacy requirements. Below are details about our commitment, including the types of information we collect, how we use and share that information, and your ability to limit certain information sharing.
As provided elsewhere in this Agreement, we may revise this Agreement or this Site at any time in our sole discretion without notice. We will post the revised Agreement on this Site and such revised Agreement shall be effective immediately upon its posting. You agree you will periodically review this Agreement for changes when using this Site. If at any time you do not agree to the revisions we make in this Agreement or this Site, you should no longer access or use this Site in any manner whatsoever.
We collect personal information about you in a number of ways:
A. Application and registration information. We collect personal information from you when you open a DepositGuard user account and/or open a DepositGuard Deposit Protection Account, such as contact information (name and email address, telephone number, and mailing address).
B. Transaction and experience information. Once your account has been opened, we collect and maintain personal information about your account activity, including your transactions, balances, positions and history. This information allows us to administer your account and provide the Services you have requested.
C. Financial Transactions. DepositGuard does not hold any sensitive financial information, including but not limited to, any credit card account numbers and bank account numbers either on its server or as a hard copy kept in its business location. This information is encrypted during transmission and kept on DepositGuard’s credit card and electronic check processor’s encrypted and SSL servers. DepositGuard has strict privacy rules with these processors. We may also contact your financial institutions in order to verify account information in order to limit any fraudulent activity.
D. Website usage. When you visit our Site, we may use devices known as “cookies”. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.
We use only session ID cookies. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. These cookies help us to recognize you, maintain your web session, and provide a more personalized experience. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited.
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.
We collect, use, and share this information with third parties for various reasons. We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties. For example, DepositGuard may use and/or share information we collect about you to help:
- Provide you with better service or to perform Services on our behalf such as a payment processor to receive payment of your deposit or to bill you for services, and Live Chat to assist you if you have questions while using our site or regarding our services.
- To contact you and to respond to communications from you.
- Make it more convenient for you to open a Deposit Protection Account.
- To tailor the user’s experience at our Site.
- To optimize the Site so that it is more beneficial to users.
- To help us process transactions for your account.
- When we use third parties to provide services for us, such as printing and mailing account information.
- When we believe that the disclosure is required or permitted under the law (for example, to cooperate with law enforcement or state/federal regulators, pursuant to a court order, to resolve customer disputes, to perform credit/authentication checks for risk control, etc.).
We are not responsible for any inaccuracies in data provided by you or third parties (e.g., credit reporting bureaus). You may review your data by contacting us at firstname.lastname@example.org.
If you have registered for an account and your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete/deactivate it by making the change in your member information page or by contacting us at email@example.com.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Our Site includes links to other Web sites whose privacy practices may differ from those of DepositGuard. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit UNLESS EXPRESSLY STATED BY US, WE DO NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS, SERVICES OR WEB SITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEB SITE MAY BE EITHER NECESSARY OR APPROPRIATE FOR YOU.
Collection and use of third party personal information
Direct Party Agreements
When you create a direct party agreement we will collect information such as email address and property address for the purposes of sending a one-time email of the agreement to the parties involved asking them to visit the site in order to view the agreement, as well as additional parties such as a roommate or colleague.
3rd Party Leasing Agent
When 3rd party leasing agents create an agreement on behalf of a direct party we will collect information such as name, email address, phone number and property address for the purposes of sending a one-time email of the agreement to the parties involved as well as additional parties such as a second leasing agent, roommate or colleague as well as to add and manage additional agent profiles.
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site.
DepositGuard stores this information for the sole purpose of sending this one-time email and tracking the success of our program. Individuals my contact us at firstname.lastname@example.org to request that we remove this information from our database.
The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at email@example.com.
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
1515 South Capital of Texas Highway Suite 300
Austin, TX 78746
3. Your Use of Content. The Content consists of copyrighted works proprietary to us or to third parties who have provided us with Content, including, but not limited to, contracts for use with the Services. You may download and print a single copy of the Content solely for your use. Any Content you download or print may not be altered in any way and must contain all copyright and proprietary rights notices that were contained in such Content. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES.
4. Intellectual Property Ownership.
You agree that we own all worldwide rights, titles and interests in and to the Site and all intellectual property rights therein. You may create a bookmark in your browser to the home page of the Site. Otherwise, you may not create a link to the Site without our prior written approval. All rights not expressly granted in this Agreement are reserved to us. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this Agreement. To facilitate your access to and use of our Site or portions thereof, we may make certain software available to you. The terms of your use of such software will be stated separately in a license agreement that will be included with the software. You agree to only use such software in a manner permitted pursuant to such license agreements.
5. Use of the Site. You also expressly agree that you will not: (a) submit a virus, worm, trojan horse, time bomb, or any other harmful program or component to the Site, (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead; (c) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (d) attempt to gain unauthorized access to restricted areas of the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means; or (e) interfere with another of our user’s use and enjoyment of the Site.
6. Secured Access.
The Site is intended by us to require a userID and password to access and use. Certain Services may require additional codes. You are solely responsible for maintaining the strict confidentiality of the userIDs, passwords and codes (collectively, “IDs”) and any charges, damages, or losses that may be incurred or suffered as a result of your failure to do so. We are not liable for any harm related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person or entity to access and use the Site using your IDs. You agree to immediately notify us of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns.
You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your access or use of the Site, resides in the courts located in Austin, Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts located in Austin, Texas in connection with any such dispute including any claim involving us or agents, employees, contractors, officers, directors, telecommunication providers and content providers. This Agreement is governed by the substantive laws of the State of Texas, without respect to its conflict of laws principles.
All user information provided to us by you must be current, accurate and complete. You are allowed to access and use the Site subject to the terms and conditions of this Agreement and as may be revised from time to time by us in our sole discretion. You may be asked to accept additional terms and conditions from us. If we at any time discover any error or omission in the information you provide to us or if you refuse to accept such additional terms and conditions from us, we reserve the right to terminate your right to access and use such Services.
We will endeavor to use appropriate security measures to protect the confidentiality of any information we provide to you and any information you provide to us. However, you acknowledge and agree that no form of encryption and/or security is fool proof. You agree to take all additional steps necessary to ensure that all information provided to you and sent by you is completely secure.
10. General Disclaimers.
THE SITE, the Content, and the Services provided to you are PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE and/or Services (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, the Content, and/or the Services.
12. Limitation of Liability.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $1,000 OR THE FEES YOU PAID US. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE, Content, and Services TO YOU.
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of the terms of this Agreement, (2) your unauthorized or unlawful use of the Site, and (3) the unauthorized or unlawful use of the Site by any other person using your IDs.
Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. We may terminate this Agreement and your right to access and use the Site at any time, with or without cause. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Site. We reserve the right to discontinue or make changes to the Site at any time.
We may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under this Agreement without our prior written permission. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by us of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.