Terms & Conditions and Privacy Policy
BRIEFCASECLOUD.COM (AKA: BRIEFCASECLOUD.NET) TERMS & CONDITIONS:
Updated 5/10/2016 at 7:30pm
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 13 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 13 years of age.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to BriefcaseCloud.com’s use of cookies in accordance with the terms of BriefcaseCloud.com’s privacy policy / cookies policy.
License to Use Website:
Unless otherwise stated, BriefcaseCloud.com, LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or files from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Acceptable use:
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, pornography, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without BriefcaseCloud.com’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without BriefcaseCloud.com’s express written consent.
Restricted Access:
Access to certain areas of this website is restricted. BriefcaseCloud.com reserves the right to restrict access to areas of this website, or indeed this entire website, at BriefcaseCloud.com’s discretion for the purposes of protection against attack, system upgrades and improvements.
If BriefcaseCloud.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
BriefcaseCloud.com may disable your user ID and password in BriefcaseCloud.com’s sole discretion without notice or explanation.
User Content:
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or BriefcaseCloud.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
BriefcaseCloud.com reserves the right to edit or remove any material submitted to this website, or stored on BriefcaseCloud.com servers, or hosted or published upon this website.
Notwithstanding BriefcaseCloud.com rights under these terms and conditions in relation to user content, BriefcaseCloud.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No Warranties:
This website is provided “as is” without any representations or warranties, express or implied. BriefcaseCloud.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, BriefcaseCloud.com does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of Liability:
BriefcaseCloud.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if BriefcaseCloud.com has been expressly advised of the potential loss.
Exceptions:
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit BriefcaseCloud.com liability in respect of any:
- death or personal injury caused by BriefcaseCloud.com negligence;
- fraud or fraudulent misrepresentation on the part of BriefcaseCloud.com; or
- matter which it would be illegal or unlawful for BriefcaseCloud.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness:
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other Parties:
You accept that, as a limited liability entity, BriefcaseCloud.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against BriefcaseCloud.com officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect BriefcaseCloud.com officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as BriefcaseCloud.com.
Unenforceable Provisions:
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity:
You hereby indemnify BriefcaseCloud.com and undertake to keep BriefcaseCloud.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BriefcaseCloud.com to a third party in settlement of a claim or dispute on the advice of BriefcaseCloud.com legal advisers) incurred or suffered by BriefcaseCloud.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches Of These Terms And Conditions:
Without prejudice to BriefcaseCloud.com other rights under these terms and conditions, if you breach these terms and conditions in any way, BriefcaseCloud.com may take such action as BriefcaseCloud.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation:
BriefcaseCloud.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment:
BriefcaseCloud.com may transfer, sub-contract or otherwise deal with BriefcaseCloud.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability:
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement:
These terms and conditions , together with Privacy Policy, constitute the entire agreement between you and BriefcaseCloud.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and Jurisdiction:
These terms and conditions will be governed by and construed in accordance with New York State, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Suffolk County.
Registrations and Authorizations:
BriefcaseCloud.com, LLC is registered with the State of New York.
BriefcaseCloud.com, LLC Details:
The full name of BriefcaseCloud.com is BriefcaseCloud.com, LLC
BriefcaseCloud.com’s registered address is 200 Broadhollow Rd. STE 207, Melville, NY 11747.
You can contact BriefcaseCloud.com by email to support@briefcasecloud.com.
BRIEFCASECLOUD.COM (AKA: BRIEFCASECLOUD.NET) PRIVACY POLICY
Updated 5/10/2016 at 7:30pm
This privacy policy has been compiled to better serve those who are concerned with how their 'Personally identifiable information' (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What personal information do we collect from the people that visit our blog, website or app?
We only collect basic user account information, and only billing information if you accept the responsibility of a seat yourself, otherwise invited users are not requested to put in payment information
When do we collect information?
We collect information from you when you sign up for our site, and when you activate billing.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
How do we protect visitor information?
We do use vulnerability scanning but not for PCI standards. We use regular Malware Scanning. We do use an SSL certificate. We use one-way encryption for sensitive account information. Protection of user’s identity and password are the responsibility of the user.
Do we use 'cookies'?
We do use cookies for tracking purposes, and experience customization unique to logged in users. In addition, we save user's preferences for future visits. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies. If you disable cookies off, some features will be disabled It won't affect the users experience that make your site experience more efficient and some of our services will not function properly. You may or may not be able to place orders depending on your browser’s behavior with cookies deactivatde.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third Party Links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
Google, as a third party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on their visit to our site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
We have implemented the following:
- Remarketing with Google AdSense
- Google Display Network Impression Reporting
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
Opting Out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on. There is no information on users.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via in site notification
- Within 1 business day
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN-SPAM Act & TCPA
We adhere to CAN-SPAM and TCPA compliance email and sms/mms message marketing best practices. All of our email blasts have unsubscribe links, and our sms/mms informs users of opt-out (via reply and 1-800 number)