PRIVO Terms of Use

Teladoc Health · agreement dated January 13, 2022 · Official agreement

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39 of 39 cards

Legal Rights & Agreement Rules · Context

These terms cover PRIVO’s sites, PROTECT and identity services

Privacy Vaults Online, Inc. operates the listed PRIVO sites and services, including PRIVO PROTECT and PRIVO iD/PRIVO-Lock, which may also be available through enabled client sites and apps. These are PRIVO’s terms for that access and use, including account creation.

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Supporting quotations

Our family of websites and mobile applications (the “Sites”), include privo.com, my.privo.com, privoprotect.com, the PRIVO PROTECT Service, and the PRIVO iD Platform, aka PRIVO-Lock™, which may also be available from our PRIVO-Lock™–enabled client sites, apps and online services.

Legal Rights & Agreement Rules · Procedure

Using the sites means accepting these terms

Use of any covered site signifies agreement. People who do not agree may not access or use the sites or their services.

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Supporting quotations

By using any of the Sites, you and other users of the Sites agree to these Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Sites or the services provided through them.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Company practice

PRIVO may change the terms without individual notice

PRIVO may modify the terms without notice to you and asks you to check periodically. For material changes it says it will post revised terms and an updated effective date on the sites. Continued use after modifications signifies acceptance; these terms supersede previous terms notices or statements about the sites.

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Supporting quotations

We may modify the Terms of Use from time to time without notice to you.
If we make material changes to the Terms of Use, we will post the revised Terms of Use and the revised effective date on the Sites. By using the Sites following any modifications to the Terms of Use, you agree to be bound by such modifications.
The provisions contained herein supersede all previous notices or statements regarding our Terms of Use with respect to the Sites.

Qualifications & exceptions

  • Material changes are posted with a revised effective date.
  • Acceptance of modifications is tied to subsequent use.
Also annotated in the same passage (1)

Content & IP Rights · Restriction or exception

Copying or distributing site material requires an allowed exception

Access and use depend on compliance with these terms. Site materials may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed except as specifically permitted by the terms.

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Supporting quotations

PRIVO provides you with access to and use of the Sites and the services provided through them subject to your compliance with the Terms of Use. No material from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Terms of Use.

Qualifications & exceptions

  • Specific permissions in these terms qualify the restriction.

Cross-references

Account & Service Control · Restriction or exception

Submitting information carries an age or parental-permission representation

By submitting information, you represent that you are 18 or the age of majority where you live and legally able to contract with PRIVO, or that you have your parent’s or guardian’s permission on your behalf. The wording provides a parental-permission alternative rather than an absolute adult-only rule.

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Supporting quotations

By submitting information through any of the Sites, you represent that you have reached the age of 18 or the age of majority in the jurisdiction where you reside and are legally able to enter into an agreement with PRIVO, or that you have the permission of your parent/guardian on your behalf

Qualifications & exceptions

  • The representation is triggered by submitting information.
  • The adult route includes legal capacity in the user’s jurisdiction.

Content & IP Rights · Restriction or exception

PRIVO and its licensors retain protected site intellectual property

Site and service materials, including images, text, audio, video and code, are described as protected intellectual property owned by PRIVO or licensed to it. Marks belong to their respective owners; the sites grant no right to use a PRIVO mark without prior written consent.

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Supporting quotations

are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by PRIVO, or owned by other parties who have licensed their intellectual property to PRIVO
Nothing on the Sites should be construed to grant any license or right to use any PRIVO mark without the prior written consent of PRIVO.

Qualifications & exceptions

  • PRIVO marks require prior written consent.

Content & IP Rights · Permission or license

You receive a personal license for the sites’ intended purposes

PRIVO grants a personal, nonexclusive, nontransferable license to access its sites and use their information and services for intended purposes. Unless these terms otherwise allow it, using or altering site intellectual property for public or commercial purposes requires PRIVO’s specific written permission.

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Supporting quotations

We grant you a personal, non-exclusive, non-transferable license to access our Sites and to use the information and services provided through them for their intended purposes.
Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Intellectual Property from any of the Sites in whole or in part, for any public or commercial purpose without the specific written permission of PRIVO.

Qualifications & exceptions

  • The license is nonexclusive and nontransferable.
  • Public or commercial use restrictions allow specific written permission or an exception in these terms.

Cross-references

Also annotated in the same passage (1)

Content & IP Rights · Permission or license

Posting content grants PRIVO a royalty-free license

You grant PRIVO a nonexclusive, royalty-free license to use content you post on the sites for any purpose, subject to these terms’ express provisions. You remain responsible for what you post and must have the necessary rights for third-party copyrighted material or trade secrets. This does not itself state a transfer of ownership.

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Supporting quotations

In turn, you grant us a non-exclusive, royalty-free license to use any content you post on any of the Sites for any purpose, subject to the express terms of these Terms of Use.
You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site.
copyrighted or otherwise owned by a third party, unless you are the copyright owner or have the permission of the owner to post it, reveals trade secrets, unless you own them or have the permission of the owner

Qualifications & exceptions

  • The license is nonexclusive and subject to the express terms.
  • Third-party material requires ownership or permission.

Cross-references

Also annotated in the same passage (2)

Security & Safeguards · Restriction or exception

Use must be lawful and must not attack site security

Users warrant lawful use and may not violate or attempt to violate site security. PRIVO says it will investigate security violations and may involve and cooperate with law enforcement; violations may lead to civil or criminal liability.

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Supporting quotations

You warrant and represent that you shall access the Sites and use the services provided for lawful purposes only. Violations of system or network security may result in civil or criminal liability. PRIVO will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of any of the Sites.

Qualifications & exceptions

  • Law-enforcement involvement and liability are described as possible.

Account & Service Control · User right or choice

PROTECT accounts can flag a child’s identifiers to providers

Creating a PRIVO PROTECT account lets you alert digital providers and advertisers that a child’s devices, email or phone number are associated with a minor and may not be allowed access to age-restricted or parent-specified services. Account creation may require personal information; this describes a signaling function, without promising every provider will block access.

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Supporting quotations

You may be prompted during your use of the Sites, the PRIVO PROTECT Service, the PRIVO-iD Platform or of the PRIVO-Lock™ system to create a user account by providing your personal information. Creation of a PRIVO PROTECT account allows you to alert digital providers and advertisers that your child’s device(s), email and/or phone number are associated to a minor and may not be granted access to services that are age-restricted or specified by the parent.

Qualifications & exceptions

  • The described restrictions concern age-restricted or parent-specified services.
Also annotated in the same passage (2)

Account & Service Control · Restriction or exception

Accounts cannot be shared or transferred

Only you may use your account; temporary and permanent sharing or transfers are forbidden. You take sole responsibility for all account use and for keeping your password confidential.

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Supporting quotations

Use of your account is expressly limited to you. Your account may not be transferred or shared with any other party, temporarily or permanently. You agree to bear sole responsibility for all use of your account and for the confidentiality of your password.
Also annotated in the same passage (1)

Account & Service Control · Restriction or exception

You guarantee accurate account information and must not impersonate others

You represent that information provided to PRIVO is accurate and agree not to impersonate anyone, misrepresent an affiliation or otherwise provide a third party’s personal information. The provision is stated as an account responsibility; the separate account description also contemplates consent for a child, without spelling out how these clauses interact.

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Supporting quotations

You represent and guarantee that all information provided to PRIVO is accurate, and agree not to impersonate any person or entity, falsely represent your affiliation with any person or entity, or otherwise provide the personal information of any third party.
Creation of a PRIVO iD/PRIVO-Lock™ account allows you to provide consent for you or your child to provide information to one or more of our clients’ PRIVO iD/ PRIVO-Lock™–enabled sites, apps or online services.

Not stated here

  • The account paragraph does not state a child-information exception to its third-party-information wording.

Cross-references

Also annotated in the same passage (2)

Content & IP Rights · Restriction or exception

You are responsible for communications and must follow content restrictions

You bear responsibility for your uploads, transmissions and posts and their consequences. Prohibited material includes false or impersonating content; third-party copyrighted material or trade secrets without ownership or permission; infringement; unlawful, threatening, abusive, defamatory, privacy-invasive or otherwise objectionable material; encouragement of crime or other unlawful conduct; export-control violations; and interference with networks or unauthorized access.

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Supporting quotations

You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site.
you agree not to provide PRIVO with, use, post or transmit any material that is (i) false, misleading, or inaccurate, (ii) impersonates any person, (iii) copyrighted or otherwise owned by a third party, unless you are the copyright owner or have the permission of the owner to post it, reveals trade secrets, unless you own them or have the permission of the owner, or otherwise violates or infringes in any way upon the rights of others, (iv) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, (v) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, (vi) transmits or transfers (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws, or (vii) attempts to interfere in any way with any of the Sites’ or PRIVO’s networks or network security, or attempting to use any of the Sites’ services to gain unauthorized access to any other computer system.

Qualifications & exceptions

  • Copyrighted materials and trade secrets can be posted with ownership or the owner’s permission.

Cross-references

Also annotated in the same passage (1)

Content & IP Rights · Restriction or exception

Advertising posts need prior approval, and commercial solicitation is restricted

You must not post or transmit advertising or product or service solicitations through the sites without PRIVO’s express prior approval. A further clause prohibits using the sites to advertise or conduct commercial solicitation, including recruiting subscribers for other online services; it does not repeat the approval exception.

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Supporting quotations

You further agree not to (i) post or transmit through any of the Sites any material that contains advertising or any solicitation with respect to products or services without PRIVO’s express prior approval, or (ii) use any of the Sites to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other online services.

Qualifications & exceptions

  • Express prior approval is stated for advertising posts and transmissions.

Not stated here

  • The second commercial-solicitation clause does not explain its relationship to the first clause’s approval exception.
Also annotated in the same passage (2)

Security & Safeguards · Restriction or exception

Unauthorized access, attacks, spam and forged headers are prohibited

You may not access data or accounts without authorization, probe or breach security without proper authorization, disrupt service through viruses or overload attacks, send unsolicited email, or forge packet or message headers. PRIVO says it will investigate security violations and may cooperate with law enforcement; violations may bring civil or criminal liability.

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Supporting quotations

You are prohibited from violating or attempting to violate the security of any of the Sites, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which user is 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, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. PRIVO will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations.

Qualifications & exceptions

  • The access and testing restrictions distinguish authorized activity.

Account & Service Control · Company practice

PRIVO may terminate access for violations it determines occurred

Conduct that PRIVO considers restrictive of another user’s enjoyment is prohibited. If PRIVO decides you violated these terms, it may terminate site, service and account access or pursue other legal or equitable measures it considers appropriate to protect itself and users.

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Supporting quotations

Any conduct by you that in PRIVO’s discretion restricts or inhibits any other user from using or enjoying the Sites or services provided through them will not be permitted.
If, in PRIVO’s sole discretion, you have violated these Terms of Use, including the provisions of this paragraph, PRIVO may take necessary measures to remedy your violation, including terminating your ability to access the Sites, the PRIVO PROTECT Service, the PRIVO iD Platform/PRIVO-Lock™ system and your account, as well as take any other action in law or in equity that PRIVO in its sole discretion believes is necessary or appropriate to protect the interests of PRIVO and other users of the Sites and the services provided through them.

Qualifications & exceptions

  • PRIVO determines the violation and appropriate measures in its sole discretion.

Cross-references

Use & Processing · Context

Separate privacy policies govern information supplied through the sites

The terms say use of information you provide through the sites is governed by the privo.com, PRIVO iD Platform and PRIVO PROTECT privacy policies and urge you to read them. You remain solely responsible for the information’s accuracy and content. The linked policies are not included in this analysis.

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Supporting quotations

PRIVO’s use of any information you provide via the Sites shall be governed by our privo.com Privacy Policy, PRIVO iD Platform Privacy Policy and PRIVO PROTECT Privacy Policy. We urge you to read our Privacy Policies.
You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

Not stated here

  • Collection, use, retention and other details in those separate policies are not supplied here.

Sharing & Disclosure · Company practice

PRIVO says it will cooperate with authorities seeking disclosure

The terms say PRIVO will fully cooperate with law-enforcement authorities or a court order requesting or directing disclosure of information or materials it possesses. The surrounding provision places collection and processing of personal information supplied to the sites in the United States, including for EU users; this is not limited to security-violation investigations.

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Supporting quotations

You also acknowledge and agree that PRIVO will fully cooperate with any law enforcement authorities or court order requesting or directing PRIVO to disclose information or materials in our possession.
By providing any personal information to the Sites, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.

Qualifications & exceptions

  • Disclosure language concerns information or materials in PRIVO’s possession.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

PRIVO provides sites and services “as is” and “as available”

Users assume responsibility and risks from using the covered sites, PROTECT and iD/PRIVO-Lock. PRIVO disclaims express and implied warranties, including accuracy, availability, data processing, title, noninfringement, merchantability and fitness. It does not promise timely, secure, uninterrupted or error-free services, correction of defects, or that services will meet expectations.

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Supporting quotations

YOU ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM THE USE OF THE SITES, PRIVO PROTECT SERVICE, PRIVO iD PLATFORM, aka PRIVO-LOCK™ SYSTEM.
THE SITES, PRIVO PROTECT SERVICE, AND PRIVO iD PLATFORM aka PRIVO-LOCK™ SYSTEM, INCLUDING ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
PRIVO DOES NOT WARRANT THAT THE SITES OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PRIVO MAKES NO WARRANTY THAT THE SITES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Restriction or exception

Site information creates no extra warranty; dissatisfaction means discontinuing use

Advice, results, information and materials obtained through the sites, whether oral or written, do not create a warranty not expressly made in these terms. For dissatisfaction with the sites, the terms name discontinuing use as the sole remedy. This is the stated dissatisfaction remedy, without deciding legal enforceability or erasing the separate liability paragraph.

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Supporting quotations

NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.

Qualifications & exceptions

  • The stated sole remedy concerns dissatisfaction with the sites.
Also annotated in the same passage (3)

Content & IP Rights · Company practice

PRIVO may change site information without prior notice

PRIVO reserves the right to add, delete or modify site information or included materials at any time without prior notification.

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Supporting quotations

PRIVO RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE INFORMATION PROVIDED ON THE SITES OR IN THE MATERIALS INCLUDED WITH ANY OF THEM, AT ANY TIME WITHOUT ANY PRIOR NOTIFICATION.
Also annotated in the same passage (3)

Account & Service Control · Company practice

PRIVO may suspend services or restrict access without notice

PRIVO reserves discretion, for any reason and without notice, to terminate, change, suspend or discontinue aspects of the sites, intellectual property, features or availability hours, and says it will not be liable for doing so. It may impose or change use rules and limits, or restrict any part of site access without notice or penalty. This power is stated more broadly than violation-based account termination.

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Supporting quotations

PRIVO reserves the right, for any reason, in its sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Sites, the Intellectual Property, features and/or hours of availability, and PRIVO will not be liable to you or to any third party for doing so. PRIVO may also impose rules for and limits on use of the Sites or restrict your access to part, or all, of the Sites without notice or penalty. PRIVO has the right to change these rules and/or limitations at any time, in its sole discretion.

Qualifications & exceptions

  • The terms place these decisions in PRIVO’s sole discretion.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Restriction or exception

PRIVO and related parties exclude several types of damages

The terms exclude indirect, special, incidental, consequential, exemplary and punitive damages related to use, misuse or inability to use the sites and services, including lost business, profits, data or substitute-service costs, even with negligence or advance warning. They separately disclaim damages from mistakes, interruptions, deletion, defects, delays, failures and unauthorized access, whether or not events are beyond PRIVO’s reasonable control. The paragraph warns that jurisdictional rules may make the incidental or consequential limitation or exclusion inapplicable.

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Supporting quotations

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PRIVO, ITS CLIENTS, PROVIDERS, OR AUTHORIZED AGENTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS, BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITES OR THE SERVICES, CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOR SHALL PRIVO, ITS CLIENTS, PROVIDERS, OR AUTHORIZED AGENTS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PRIVO’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITES, PRIVO PROTECT SERVICE, PRIVO iD PLATFORM, aka PRIVO-LOCK™ SYSTEM, RECORDS, PROGRAMS, OR SERVICES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.

Qualifications & exceptions

  • The exclusions cover PRIVO, its clients, providers, authorized agents and the listed related personnel and providers.
  • Jurisdictional rules may prevent the stated incidental or consequential damages limitation or exclusion from applying.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

The terms cap PRIVO’s total liability at $5

PRIVO states a $5 aggregate cap for all damages, losses and causes of action arising from the terms or site use. The same paragraph warns that some jurisdictions disallow incidental or consequential damages limits or exclusions, so the above limitation or exclusion may not apply to the user; it does not separately explain the effect on this dollar cap.

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Supporting quotations

IN NO EVENT SHALL PRIVO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, FIVE DOLLARS ($5.00).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.

Qualifications & exceptions

  • The cap is aggregate and concerns claims arising from the terms or site use.

Not stated here

  • The paragraph does not separately explain how its jurisdictional caveat affects the $5 cap.

Cross-references

  • contrast (model-proposed): You must defend and indemnify PRIVO for claims connected with your use — PRIVO states a $5 aggregate cap on its own liability while users undertake a broad defense and indemnity obligation. These provisions allocate different parties’ risks; the company cap is not imported into the user obligation, and the jurisdictional caveat remains disclosed.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

Related claims must be filed within one year under these terms

The terms require claims arising from or related to use of the sites, PROTECT, iD/PRIVO-Lock, or products or services offered there to be filed within one year after the claim arises, or be forever barred. They state this requirement regardless of contrary statute or law; this reports that wording without deciding whether it is enforceable.

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Supporting quotations

You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of Sites, the PRIVO PROTECT Service, the PRIVO iD Platform/PRIVO-Lock™ system, or the services or products offered on any of them must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Qualifications & exceptions

  • The period runs from when the claim or cause of action arose.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

You must defend and indemnify PRIVO for claims connected with your use

You agree to defend, indemnify and hold PRIVO and its listed officers, directors, employees, agents, distributors and affiliates harmless against claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, connected with your site or service use, terms violations, or materials you post or transmit. Third-party intellectual-property claims are an example, rather than the only trigger.

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Supporting quotations

You agree to defend, indemnify and hold PRIVO and its officers, directors, employees, agents, distributors and affiliates harmless from and against any and all claims, demands, liabilities, damages, costs, or expenses, including reasonable attorney’s fees, in any way arising from, related to or in connection with your use of the Sites or service provided on them, your violation of the Terms of Use or the posting or transmission of any materials on or through the Sites by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

Qualifications & exceptions

  • The obligation is tied to the stated use, violation and posting or transmission connections.

Cross-references

  • contrast (model-proposed): The terms cap PRIVO’s total liability at $5 — PRIVO states a $5 aggregate cap on its own liability while users undertake a broad defense and indemnity obligation. These provisions allocate different parties’ risks; the company cap is not imported into the user obligation, and the jurisdictional caveat remains disclosed.

Legal Rights & Agreement Rules · Restriction or exception

Users outside the United States must consider applicable local laws

PRIVO says it controls or operates the sites and services from Virginia and makes no representation that site materials are appropriate or available outside the U.S. People accessing from elsewhere do so on their own initiative and are responsible for complying with local laws if and to the extent those laws apply.

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Supporting quotations

The Sites and services on them are controlled and/or operated by PRIVO from its offices within the Commonwealth of Virginia, United States of America. PRIVO makes no representation that materials on the Sites are appropriate or available for use in other locations outside the United States. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Qualifications & exceptions

  • Local-law responsibility applies if and to the extent local laws are applicable.

Legal Rights & Agreement Rules · Procedure

Virginia law governs these terms

The terms choose Commonwealth of Virginia law for governance, construction and enforcement, as applied to agreements made and performed entirely within that state. This reports the choice-of-law clause without resolving how other mandatory laws may apply.

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Supporting quotations

These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Virginia, as it is applied to agreements entered into and to be performed entirely within such State.

Qualifications & exceptions

  • The clause uses Virginia law as applied to agreements entered into and performed entirely in that state.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Procedure

Actions related to the covered services must be brought in Virginia courts

The terms say actions you or a third party bring concerning matters related to the sites, PRIVO PROTECT or PRIVO iD/PRIVO-Lock must be filed only in Virginia state or federal courts. You expressly consent to those courts’ jurisdiction.

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Supporting quotations

Any action you or any third party might bring in connection with any matters related to the Sites, the PRIVO PROTECT Service, or the PRIVO iD Platform aka PRIVO-Lock™ system shall be brought only in either the state or Federal Courts located in Virginia, and you expressly consent to the jurisdiction of said courts.

Qualifications & exceptions

  • The clause addresses actions brought by you or a third party concerning the listed sites and services.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Procedure

An invalid provision does not invalidate the remaining terms

If a provision is unlawful, void or unenforceable for any reason, the terms treat it as severable and state that the remaining provisions retain their validity and enforceability.

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Supporting quotations

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Qualifications & exceptions

  • The rule is triggered by an unlawful, void or unenforceable provision.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

PRIVO’s successors can enforce the terms; your assignment needs consent

PRIVO’s successors and assigns receive the terms’ rights and benefits and may fully enforce them with or without prior notice. You may not assign the terms or your rights or obligations under them without PRIVO’s express written consent.

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Supporting quotations

PRIVO’s successors and assigns may fully enforce any term or provision of these Terms of Use, and all rights and benefits shall inure to such successors and assigns, with or without prior notice. You may not assign the Terms or any of your rights or obligations under the Terms without PRIVO’s express written consent.

Qualifications & exceptions

  • Your assignment requires express written consent.
  • Successor enforcement does not require prior notice under this clause.

Legal Rights & Agreement Rules · Context

These terms replace prior agreements, with possible additional site terms

The terms state they are the entire agreement between you and PRIVO governing site use and supersede prior agreements. Certain parts of the sites may also have additional terms. Other statements, trade practices or either party’s conduct do not alter this document’s meaning or modify its terms. The document does not supply those additional terms or a detailed conflict rule.

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Supporting quotations

The Terms of Use constitute the entire agreement between you and PRIVO and govern your use of the Sites, superseding any prior agreements between you and PRIVO. You also may be subject to additional terms and conditions that are applicable to certain parts of the Sites. Any other statements, trade practices, or conduct engaged in by either party shall not alter or modify these Terms of Use; the words contained in this document control the entire meaning of this agreement.

Qualifications & exceptions

  • Certain site parts may impose additional terms.

Not stated here

  • The content of any additional site terms and their detailed priority are not supplied here.

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Non-enforcement does not waive later enforcement

Choosing not to enforce a provision does not give up the right to enforce it later. PRIVO says it will waive enforcement rights only in writing.

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Supporting quotations

Any decision not to enforce a particular provision of this agreement does not waive the right to enforce it at any other time and PRIVO will not waive the right to enforce any provision of this agreement except in writing.

Qualifications & exceptions

  • A PRIVO waiver must be in writing.

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Procedure

PRIVO may send notices by email, mail or site postings

Notices to you may be sent by email or regular mail. The sites may also display notices or links to notices about terms changes or other matters. This lists possible notice channels without promising advance or individual notice of every change.

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Supporting quotations

Notices to you may be made via either email or regular mail. The Sites may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Sites.

Qualifications & exceptions

  • On-site notices may take the form of links to notices.

Legal Rights & Agreement Rules · Procedure

Questions and notices can be directed to PRIVO’s Privacy Officer

For questions, concerns or notices under the agreement, the terms direct you to Contact Us or to PRIVO’s Privacy Officer at 17949 Main St., #1025, Dumfries, VA 22026. They also list privacy@privo.com, telephone 703–569–0504, U.S. fax 866–588–8452 and non-U.S. fax 703–531–8424. These are the contact details in the January 2022 document.

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Supporting quotations

To contact us with any questions or concerns in connection with this agreement or the Sites, or to provide any notice under this agreement to us please go to Contact Us or write to us at:
17949 Main St., #1025 Dumfries, VA 22026 703–569–0504 (telephone) 866–588–8452 (fax within the US) 703–531–8424 (fax outside of the US) privacy@privo.com (email) Attn: Privacy Officer

Qualifications & exceptions

  • Contact information is reported from the dated saved version.