Terms of Service
Last updated: October 16, 2025
TABLE OF CONTENTS
- 1. AGREEMENT TO TERMS
- 2. OUR INTELLECTUAL PROPERTY RIGHTS
- 3. USER REPRESENTATIONS
- 4. USER REGISTRATION
- 5. FEES AND PAYMENT
- 6. FREE TRIAL
- 7. CANCELLATION
- 8. SOFTWARE
- 9. PROHIBITED ACTIVITIES
- 10. YOUR RESPONSIBILITIES
- 11. YOUR DATA
- 12. SUBMISSIONS
- 13. THIRD PARTY SERVICE PROVIDERS
- 14. ARTIFICIAL INTELLIGENCE
- 15. U.S. GOVERNMENT RIGHTS
- 16. SERVICE MANAGEMENT
- 17. PRIVACY
- 18. TERM AND TERMINATION
- 19. MODIFICATIONS AND INTERRUPTIONS
- 20. EQUITABLE REMEDIES
- 21. GOVERNING LAW
- 22. DISPUTE RESOLUTION
- 23. CORRECTIONS
- 24. DISCLAIMER
- 25. LIMITATIONS OF LIABILITY
- 26. INDEMNIFICATION
- 27. DATA AND BACKUPS
- 28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- 29. CALIFORNIA USERS AND RESIDENTS
- 30. MISCELLANEOUS
- 31. CONTACT US
1. AGREEMENT TO TERMS OF SERVICE
These Terms of Service (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ConnectSecure, LLC ("Company", “we”, “us”, or “our”), governing your access to and use of the “Services”, which means, collectively, (i) the https://www.connectsecure.com website and its related domains and webpages, including any content, tools, functionality, or information contained therein (collectively, the “Site”), (ii) our proprietary software or cloud based platforms, (iii) any email notifications, messages, or other mediums, or portions of such mediums, through which you have accessed these Terms, and (iv) all information, data, materials, and content viewable on, contained in, downloadable from, or purchasable in connection with any of the foregoing. We are registered in Delaware, United States and have our registered agent office located at 1209, Orange Street, City of Wilmington, County of New Castle, Wilmington, DE 19801. Please read these Terms carefully. By accessing, using, or continuing to use the Services, visiting the Site, contacting us in any manner, or otherwise indicating your acceptance, including by clicking to accept or agree to these Terms when such option is presented, you acknowledge and expressly agree to be bound by these Terms, regardless of whether acceptance occurs verbally, in writing, electronically, or by any other means. If you do not agree with these Terms, or any portion of these Terms, then you must not access or use the Services.
We may revise and update these Terms from time to time. The version of these Terms that you agree to will apply unless and until you have agreed to our revised Terms. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference and made a part of these Terms. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
As an individual interacting with the Services in your individual capacity or on behalf of an entity, you represent and warrant that you have all right, power and authority to enter into these Terms on your own or such entity’s behalf and bind yourself or such entity, as applicable, to these Terms. If you are entering these Terms on behalf of an entity, all references in these Terms to “you” and “your” will mean such entity.
The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation, or that would subject us to registration, licensing, or other regulatory requirements in that jurisdiction. If you choose to access the Services from a location outside the jurisdiction in which we make them available, you do so at your own initiative and are solely responsible for complying with all applicable local laws and regulations to the extent they apply. The Services are not designed to comply with industry-specific laws or standards (for example, the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA)). If your use of the Services would be subject to such laws or standards, you may not use the Services. You also may not use the Services in any manner that would violate the Gramm-Leach-Bliley Act (GLBA) or any other applicable financial, privacy, or data security law.
2. OUR INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided “AS IS”. Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (i) all registration information you submit will be true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such registration information as necessary; (iii) you have the legal capacity and you agree to comply with these Terms; (iv) you are not a minor in the jurisdiction in which you reside; (v) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (vi) you will not use the Services for any illegal or unauthorized purpose; and (vii) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You have and will retain sole responsibility for the security and use of your account and password, including for any losses that you or any third party may suffer as a result of the authorized or unauthorized use of your account or password by any third party.
5. FEES AND PAYMENT
You may be required to purchase or pay certain fees to access the Services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Services. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to us charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services.
All amounts payable to us under these Terms will be paid by you in full without setoff or withholding for any reason other than a deduction or withholding of tax as may be required by applicable law. Undisputed unpaid amounts (and disputed amounts ultimately determined to be payable to us) are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower. In the event we are unable to collect amounts you owe to us hereunder, we may take any other steps we deem necessary to collect, and you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, court costs and attorneys’ fees.
You acknowledge and agree that your entrance into these Terms is not contingent on the delivery of any future functionality or features of the Services, or dependent on any oral or written public comments made by us regarding any such future functionality or features unless otherwise expressly agreed to by us.
6. FREE TRIAL
We offer a 14-day free trial to new users who register with or through the Site (“Freemium Subscriptions”). The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.
Notwithstanding anything to the contrary in these Terms, you acknowledge that Freemium Subscriptions may be provided for evaluation or other related purposes and, therefore, may contain bugs or errors, and will be subject to additional terms (including those set forth below).
- We may discontinue Freemium Subscriptions (in whole or in part) at any time in our sole discretion and may never make them generally available.
- We may provide customer support in respect of Freemium Subscriptions in our commercially reasonable discretion. Without limiting the generality of the foregoing, we make no promises or guarantees to provide customer support or if provided, any particular level of customer support, with respect to any Freemium Subscriptions.
- Our entire liability to you, and your sole remedy in connection with any Freemium Subscription (including any defects or non-performance of any Freemium Subscription) is for you to terminate your use of the Freemium Subscription. WITHOUT LIMITING THE APPLICATION OF ANY OTHER LIMITATIONS OF LIABILITY APPLICABLE TO YOUR USE OF THE SITE OR ANY OF OUR SERVICES PROVIDED BY US HEREUNDER, IN NO EVENT WILL OUR AND OUR LICENSORS, SERVICE PROVIDERS AND SUPPLIERS COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH ANY FREEMIUM SUBSCRIPTION, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED $25.00. THE FOREGOING LIMITATION APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. CANCELLATION
You may cancel your subscription to the Services at any time by providing us with prior written notice of cancellation. Your cancellation will become effective at the end of your then-current paid term following our receipt of your written notice. If you are unsatisfied with our services, please email us at AccountManager@connectsecure.com
8. SOFTWARE
We may include software (whether provided in on premise or cloud-based form) for use in connection with the Services. Such software is accompanied by our end user license agreement at: https://connectsecure.com/eula (“EULA”) and the terms of the EULA will govern your use of the software. As stated in the EULA, any software and any related documentation are provided “as is” without warranty of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms. In the event of any direct conflict between the EULA and these Terms, these Terms will govern and control.
9. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically agreed to or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner that violates or is inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other harmful material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services’ software, including Flash, PHP, HTML, JavaScript, or other code.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services or the Content for any revenue-generating endeavor or commercial enterprise.
10. YOUR RESPONSIBILITIES
You will cooperate with us in all respects, including provision of information, access and support as may be reasonably required for purposes of our performance under these Terms. Without limiting the generality of the foregoing, you will ensure that: (i) you and your information technology team responds to our requests for information, materials or cooperation promptly and without undue delay, and in any event, within two business days of the request; and (ii) you provide us with reasonable access to appropriate personnel, networks, and systems (including any third party vendors and or systems), as reasonably required for purposes of our performance under these Terms.
11. YOUR DATA
For purposes of these Terms, “Your Data” means any data, content, materials, information, or files that you provide to us or transmit, submit, or otherwise make available through the Services, including personal data as defined under applicable law. You acknowledge that you provide Your Data at your own risk. You are solely responsible for the accuracy, quality, legality, and appropriateness of Your Data and for obtaining all necessary permissions, rights, and consents to submit Your Data to the Services. You represent and warrant that Your Data and your use of the Services will not violate applicable law, infringe or misappropriate any third-party rights, or contain malicious code. We will process personal data within Your Data in accordance with our Privacy Policy. While we maintain commercially reasonable administrative, technical, and organizational measures designed to protect the security, confidentiality, and integrity of Your Data, no system or transmission over the internet is completely secure or error-free, and we do not represent, warrant, or guarantee that the Services or any related systems will be free from vulnerabilities, security incidents, or unauthorized access or disclosure.
12. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original from you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
13. THIRD-PARTY SERVICE PROVIDERS
You acknowledge and agree that: (i) one or more of the functionalities or services available on or via the Services may be made available by third parties (“Third-Party Service Providers” and such functionalities or services, “Third-Party Services”); (ii) certain aspects of the Services rely on API integration for certain features and functions, but that API integration has its own inherent level of unpredictability and inconsistency that is out of our control, and that as such we will have no liability for downtime of the Services caused by API integration failures; (iii) Third-Party Service Providers may impose restrictions on use of the particular Third-Party Service, in addition to other terms and conditions, including those set forth in any applicable terms and conditions agreed to by or otherwise made available to you (collectively, “Third-Party Requirements”); (iv) you are solely responsible for compliance with, and will ensure that you comply with, all Third-Party Requirements; and (v) we may at any time terminate or discontinue any Third-Party Services, including as a result of termination of our relationship with the applicable Third-Party Service Provider, provided that we will endeavor to provide you with advance written notice of any such termination or discontinuation if possible. We do not control, and we are not responsible for, Third-Party Services, including their availability, security, or content. We may disable integrations that pose a security, legal, or operational risk.
ALL THIRD-PARTY SERVICES INCLUDED IN THE SERVICES ARE PROVIDED “AS IS” AND SUBJECT TO ANY APPLICABLE THIRD-PARTY SERVICE PROVIDER TERMS AND CONDITIONS. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY SERVICE IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY SERVICE PROVIDER.
WE ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY FROM, ANY DISRUPTION, DELAY, INTERFERENCE WITH, OR UNAVAILABILITY OF THE SERVICES CAUSED BY CIRCUMSTANCES OUTSIDE OF OUR CONTROL, INCLUDING THIRD-PARTY SERVICE PROVIDERS (SUCH AS HOSTING, CLOUD, OR NETWORK PROVIDERS), INTERNET OR TELECOMMUNICATIONS FAILURES, OR POWER OUTAGES.
14. ARTIFICIAL INTELLIGENCE
The Services may use artificial intelligence, machine learning, large language models, generative models, or similar technologies to generate, transform, translate, analyze, or otherwise process inputs, information, or data (collectively, “AI Features”) and, accordingly, the Services may provide results, translations, recommendations, content, code, text, or other materials produced by AI Features (collectively, “Outputs”). Certain translations of reports, content, or materials may be generated or assisted by artificial intelligence technologies and these translations are provided for convenience only and may contain errors or inaccuracies. You acknowledge and agree that: (i) Outputs may be incomplete, inaccurate, misleading, or otherwise unreliable and you should independently evaluate any Outputs before relying on them; (ii) AI Features and Outputs are provided solely for general informational purposes, AI Features and Outputs do not constitute legal, tax, financial, or other professional advice or services, and you remain solely responsible for evaluating the accuracy, appropriateness, and legality of any Outputs and for obtaining any professional or expert advice as needed; (iii) you are solely responsible for verifying Outputs through human review, testing, or other appropriate validation prior to using or relying on them and we disclaim liability for any decisions or actions taken by you or any third party based on AI Features or Outputs, and you assume all risk for such uses and must implement appropriate human review and controls; (iv) you may not use AI Features to create or disseminate unlawful, harmful, infringing, deceptive, or misleading content, or to violate any applicable law or regulation; and (v) AI Features may rely on third-party models or services and your use of such features may be subject to additional terms and privacy practices of those third parties.
15. U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms.
16. SERVICE MANAGEMENT
We reserve the right, but not the obligation, to: (i) monitor the Services for violations of these Terms ; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including reporting such user to law enforcement authorities; (iii) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your Data or any portion thereof; (iv) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (v) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
17. PRIVACY
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
18. TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO OR USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR FOR ANY VIOLATION OF APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT NOTICE OR WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time and for any reason, in our sole discretion and without notice. However, we have no obligation to update any information within the Services. We also reserve the right to modify, update, suspend, or discontinue all or any part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We do not guarantee that the Services will be available at all times and not interrupted. We may experience hardware, software, or other problems, or need to perform maintenance related to the Services, which may result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain or support the Services, or to provide any corrections, updates, or releases in connection therewith.
20. EQUITABLE REMEDIES
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, notwithstanding the Arbitration Agreement set forth in these Terms, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms. You agree that we may bring any action or proceeding with regard to such injunction restraining such breach or threatened breach in the courts of record of Hillsborough County, Florida. You consent to the exclusive jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. We may affect service of any court paper on you by mail or in such other manner as may be provided under applicable laws, regulations, rules of procedure or local rules.
21. GOVERNING LAW
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
22. DISPUTE RESOLUTION
- Arbitration Agreement. Please read this Section carefully. Except as these Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. All disputes shall be resolved in the English language.
- Agreement to Binding Arbitration. Before initiating arbitration, you acknowledge and agree that you will first give us a reasonable opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including all relevant information or representations related to the Services and upon which you rely. You may seek to resolve any customer concerns through our support services at AccountManager@connectsecure.com. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against us in arbitration, as set forth in this Section. You and we agree that any disputes between us (including any disputes between you and any subcontractor or third-party agent of us) will be resolved through binding and final arbitration and not in a court. This requirement to arbitrate disputes between us includes any dispute, claim, or controversy arising out of or relating to: (i) any part of these Terms, including the existence, breach, termination, enforcement, interpretation, or validity of these Terms; (ii) the Services, including the Site; or (iii) the design, development, license, sale, or use of artificial intelligence (AI), machine learning, large language model, or generative AI systems, tools, or products. Such dispute or disputes shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration. The place of arbitration shall be Hillsborough County, Florida. The arbitration shall be before one arbitrator.
You and we agree that the arbitrator (“Arbitrator”)—and not any federal, state, or local court or agency—shall have exclusive authority to resolve any disputes relating to any issue concerning the extent to which any dispute is subject to arbitration, including disputes concerning the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to the Arbitrator’s own jurisdiction, including objections with respect to the existence, scope, or validity of the arbitration agreement or the arbitrability of any claim or counterclaim, or whether these Terms are unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, or estoppel. For the avoidance of doubt, threshold or gateway issues relating to arbitration or arbitrability of any specific claim(s) shall be delegated to and resolved by the Arbitrator, without any need to refer such matters first to a court or other tribunal.
By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to resolve any disputes or claims.
- No Class Action. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a private attorney general. Likewise, an Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
- Rules and Governing Law. The arbitration shall be administered by the AAA in accordance with its rules applicable to the nature of the dispute at the time the arbitration is commenced. For disputes primarily of a business/commercial nature, the AAA Commercial Arbitration Rules shall apply; for disputes involving a consumer as defined by the AAA, the AAA Consumer Arbitration Rules shall apply. The version of the applicable AAA rules in effect when the arbitration is commenced will govern, except as modified by this Arbitration Agreement. If there is any conflict between the AAA rules and this Arbitration Agreement, this Arbitration Agreement will control. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that, to the extent there is a conflict between the FAA and state law, the FAA shall preempt all state laws to the fullest extent permitted by law. The arbitration shall be governed by the laws of the State of Florida, without regard to its conflict of laws provisions.
- Arbitrator’s Decision. The Arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator may take whatever interim measures the Arbitrator deems necessary, including injunctive relief and measures for the protection or conservation of property. The Arbitrator will not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Along with the award of the Arbitrator, the Arbitrator shall issue a reasoned written opinion sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award rendered by the Arbitrator may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties. Judgment on any award rendered by the Arbitrator is final, binding, and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors, and assigns. Unless consented to in writing by both parties, all negotiations and the existence, content, and results of arbitration proceedings related to a dispute (including a settlement, award, and the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law. Notwithstanding the foregoing, each party may share information related to negotiations and arbitration proceedings with its accounting professionals and legal counsel.
- Venue For Claims Not Subject to Arbitration. In the event that the Arbitrator or a court determines that any particular claim or dispute that has arisen must be resolved by a court instead of through arbitration, such claim or dispute shall be resolved exclusively by a state or federal court located in Hillsborough County, Florida. Under such circumstances, you and we will submit to the personal jurisdiction of the state or federal courts located within Hillsborough County, Florida, for the purpose of litigating all such particular claims or disputes.
- Fees. The Arbitrator may, and to the extent required by applicable law shall, award to the prevailing party its reasonable attorneys’ fees, expert fees, arbitration fees and expenses, and other costs of suit. Payment of all filing, administration, and Arbitrator fees will be governed by the AAA and, to the extent applicable, the AAA rules. Unless otherwise authorized by applicable law, each party shall bear its own attorneys’ fees and costs in the arbitration, except that the Arbitrator may award fees and costs if the Arbitrator determines that a claim or defense was frivolous, brought for an improper purpose, or pursued in bad faith. In addition, Federal Rule of Civil Procedure 68 is incorporated by reference and shall be applied and enforced by the Arbitrator to the fullest extent permitted by law. For purposes of Rule 68 as applied in the arbitration, the term “costs” shall include reasonable attorneys’ fees where recoverable by statute, contract, or other applicable law.
23. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
24. DISCLAIMER
The Services may be used to facilitate your provision of your services to your clients. However, you acknowledge and agree that as between you and us: (i) you will be solely responsible for the administration of your services to your clients; (ii) you must use your independent technical judgment in determining the appropriate course of action for purposes of providing your services to your clients; and (iii) you will administer the delivery of your services to your clients based on your own professional judgment, guidelines, policies, and procedures.
WHILE WE HAVE SAFEGUARDS IN PLACE, THE SERVICES MAY OCCASIONALLY GENERATE INCORRECT, INCOMPLETE, OR MISLEADING INFORMATION. AS A RESULT, YOU SHOULD NOT TAKE AN ACTION BASED IN WHOLE OR IN PART ON ANY OF THE TOOLS, CONTENT, OR OTHER MATERIALS MADE AVAILABLE TO YOU BY THE SERVICES WITHOUT VALIDATING THE RESULTS THROUGH INDEPENDENT RESEARCH, OBTAINING UP-TO-DATE INFORMATION AND CONSIDERING YOUR OR YOUR CLIENTS’ PARTICULAR NEEDS, CIRCUMSTANCES, AND OTHER EXISTING FACTS. WE DO NOT RECOMMEND, GUARANTEE, OR REPRESENT THAT THE SERVICES OR ANY INFORMATION OR CONTENT MADE AVAILABLE BY THE SERVICES WILL BE ACCURATE, COMPLETE AND NOT MISLEADING. MOREOVER, WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED BY THE USE OF ANY OF THE SERVICES. WE DO NOT HAVE ANY CONTROL OVER YOUR USE OF THE SERVICES.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE AND EXCLUSIVE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, THE SERVICES’ REPORTS OR CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED BY A THIRD PARTY THROUGH THE SERVICES AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WE DO NOT MAKE ANY WARRANTY OR GUARANTEE THAT THE SERVICES (IN WHOLE OR IN PART) WILL (i) MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, ACHIEVE ANY PARTICULAR RESULT, INCLUDING YOUR COMPLIANCE WITH ANY APPLICABLE LAWS, IDENTIFICATION OF ANY AND ALL SECURITY VULNERABILITIES, OR COMPLETE SECURITY OF YOUR OR YOUR CLIENTS’ SYSTEMS, (ii) BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR (iii) BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, ERROR FREE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.
ANY SUGGESTIONS, RECOMMENDATIONS, GUIDANCE, OR SIMILAR OUTPUTS GENERATED BY OR THROUGH THE SERVICES, INCLUDING ANY AI FEATURES, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM ANY GUARANTEE, THAT THE SERVICES WILL IDENTIFY, DETECT, PREVENT, REMEDIATE, OR OTHERWISE ADDRESS ANY OR ALL SECURITY VULNERABILITIES, MISCONFIGURATIONS, THREATS, OR EXPOSURES IN YOUR OR YOUR CLIENTS’ SYSTEMS, APPLICATIONS, ENVIRONMENTS, OR NETWORKS, OR THAT ANY OUTPUT WILL BE SUITABLE FOR RELIANCE WITHOUT INDEPENDENT VERIFICATION. YOU REMAIN SOLELY RESPONSIBLE FOR EVALUATING AND VALIDATING ALL OUTPUTS AND FOR IMPLEMENTING AND MAINTAINING APPROPRIATE SECURITY MEASURES, CONTROLS, POLICIES, AND REMEDIATION ACTIVITIES.
25. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR REPLACEMENT SERVICES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED: (A) IF YOU HAVE PAID US FOR THE APPLICABLE SERVICES, THE LESSER OF (I) USD $5,000 OR (II) THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE APPLICABLE SERVICES DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) IF YOU HAVE NOT PAID US FOR SERVICES, USD $25.00.
26. INDEMNIFICATION
You, at your own expense, shall indemnify, defend and hold harmless us (and our members, managers, officers, directors, employees, agents, representatives, shareholders, attorneys and affiliates) against any and all claims, losses, damages, judgments, liabilities, costs, and expenses (including attorneys’ fees) arising from or relating to: (a) your access to or use of the Services; (b) your breach of these Terms, including any breach of your obligations, representations, or warranties set forth in these Terms; (c) Your Data, or your violation of the rights of a third party, including intellectual property rights; (d) our compliance with any specifications or directions provided by you or on your behalf; or (e) any harmful act by you toward any other user of the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
27. DATA AND BACKUPS
We may retain certain data you transmit to the Services for purposes of providing, operating, maintaining, and improving the Services, as well as data regarding your use of the Services. However, while we may perform routine backups, the Services are not designed or intended to function as your data repository, records archive, or backup. You are solely responsible for all content, data, and materials you submit to, store on, or process through the Services, including for maintaining independent copies and backups. We will have no liability for any loss, deletion, destruction, or corruption of such data, and you waive any claims and causes of action against us arising from any such loss, deletion, destruction, or corruption.
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or through the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
29. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
30. MISCELLANEOUS
These Terms, together with any policies, end user license agreements, and orders that relate to the Services or are referenced in these Terms, constitute the entire agreement between you and us and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, relating to the Services. Except as expressly stated in these Terms, no amendment, supplement, waiver, or other modification of these Terms is effective unless it is in a written instrument that specifically references these Terms and is signed by both parties. Our failure or delay in exercising or enforcing any right or provision of these Terms shall not constitute a waiver of such right or provision, nor shall any single or partial exercise preclude any other or further exercise of that or any other right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. You shall not assign your rights or obligations under these Terms without our prior written consent. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. Unless the context requires otherwise: (a) “or” is used in the inclusive sense of “and/or”; and (b) the word “including” means “including, without limitation”.
30. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
ConnectSecure, LLC
4925 Independence Parkway, Suite 400
Tampa, FL 33634
Phone: (+1) 813 851 2815
AccountManager@connectsecure.com