Legal Terms and Conditions

 

Last updated February, 2020

 

Thank you for selecting the Services offered by IvyNet, LLC. and/or its subsidiaries and affiliates (referred to as “IvyLocker”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and IvyNet. By accepting electronically (for example, clicking “I Agree”), accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

A. GENERAL TERMS

1. AGREEMENT

This Agreement describes the terms governing your use of the IvyNet online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:

• IvyNet’s Privacy Statement found on the IvyLocker’s home page or provided to you otherwise.
• Additional Terms and Conditions including those from third parties.
• Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

2. YOUR RIGHTS TO USE THE SERVICES

2.1 The Services are protected by copyright, trade secret, and/or other intellectual property laws and IvyNet retains all rights, title and ownership in the Services. You are only granted the right to use the Services during the term of the Agreement and only for the purposes described by IvyNet. IvyNet reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, IvyNet grants to you a personal, limited, nonexclusive, nontransferable right and license to use the IvyLocker® Services.

2.2 You agree not to use, nor permit any third party to use, the ® Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

• Provide access to or give any part of the IvyLocker® Services to any third party.
• Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
• Make the Services available on any file-sharing or application hosting service.

2.3 IvyNet does not represent that the IvyLocker® Services are appropriate or available for use outside of the United States. You are accessing the IvyLocker® Services on your own initiative and you are responsible for compliance with all applicable laws.

 

3. PAYMENT

For paid IvyLocker® Services offered on a subscription basis, the following terms apply:

1. Payments will be automatically billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the subscription service selected or payment terms on the website for the Services.
2. You must pay with one of the following:
   1. A valid credit card acceptable to IvyLocker®;
   2. A valid debit card acceptable to IvyLocker®;
   3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or,
3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
4. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and for you to authorize us to continue billing your account with the updated information that we obtain.
5. IvyLocker® will automatically renew your monthly or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement.
6. Additional cancellation or renewal terms may be provided to you on the website for the Services or through email communication.
7. USE WITH YOUR MOBILE DEVICE

Use of these IvyLocker® Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these additional requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

IVYNET MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
2. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
4. 5. SECURITY

 

IvyNet places great importance on the security of all personally identifiable information associated with our members. We have security measures in place to attempt to protect against the loss, misuse or alteration of member data under our control. For example our security and privacy practices are periodically reviewed and enhanced as necessary and only authorized personnel have access to personal information. We use secure server software to encrypt financial information you input before it is sent to us. While we cannot guarantee that loss, misuse or alteration of data will not occur, however we actively use commercially reasonable efforts to prevent this.

6. CONTENT

6.1 You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the IvyLocker® Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. IvyNet is not responsible for the Content or data you submit through the IvyLocker® Services.

You agree not to use, nor permit any third party to use, the IvyLocker® services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
3. Except as permitted by IvyNet in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
4. Virus, trojan horse, worm or other disruptive or harmful software or data; and,
5. e) Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

6.2 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the IvyLocker® Services and the public. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to third party content provided that IvyNet is not responsible for such third party content.

6.3 IvyNet may freely use feedback you provide. You agree that IvyNet may use your feedback, suggestions, or ideas in any way, including in future modifications of the IvyLocker® Services, other products or services, advertising or marketing materials and all such suggestions, ideas or feedback shall belong solely and exclusively to IvyNet.

6.4 IvyNet may monitor your Content. IvyNet may, but has no obligation to, monitor content on the IvyLocker® Services. We may disclose any information necessary to satisfy our legal obligations, protect IvyNet or its customers, or operate the IvyLocker® Services properly. IvyNet, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

 

7. ADDITIONAL TERMS

7.1 IvyNet does not give professional advice. IvyNet is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

7.2 We may tell you about other IvyNet services; Unless you opt out by providing notice to us at optout@IvyLocker.com, you may be offered other services, products, or promotions by IvyNet (“IvyNet Services”).

7.3 Communications. IvyNet may be required by law to send you communications about the IvyLocker® Services or Third Party Products. You agree that IvyNet may send these communications to you via email or by posting them on our websites

7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the IvyLocker® Services and to contact IvyNet if you become aware of any unauthorized access to your account. The IvyLocker® Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the IvyLocker® Services. You agree to receive these updates.

8. DISCLAIMER OF WARRANTIES

8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IVYNET, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. IVYNET AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 30 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

8.2 IVYNET, ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE IVYLOCKER® SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

9. LIMITATION OF LIABILITY AND INDEMNITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF IVYNET, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, IVYNET, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET IVYNET SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF IVYNET AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF IVYNET, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold IvyNet and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of (i) your use of the IvyLocker® Services, (ii) any action related to the Content provided by you or (iii) breach of this Agreement (collectively referred to as “Claims”). IvyNet reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by IvyNet in the defense of any Claims.

10. CHANGES.

We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the IvyLocker® Services, on our website for the IvyLocker® Services or when we notify you by other means. You may also request a copy of the changes by mail or telephone. We may also change or discontinue the IvyLocker® Services, in whole or in part. Your continued use of the IvyLocker® Services after the effective date of the change will constitute your acceptance of all effective changes

11. TERMINATION.

IvyNet may immediately, in its sole discretion and without notice terminate this Agreement or suspend your use of the IvyLocker® Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the IvyLocker® Services and any outstanding payments will become due. Any termination or suspension of this Agreement shall not affect IvyNet’s rights to any payments due to it. IvyNet may terminate a free account at any time. This agreement in its entirety and any other similar provision intended to survive will survive and remain in effect even if the Agreement is terminated.

12. GOVERNING LAW.

Illinois state law governs this Agreement without regard to its conflicts of law’s provisions. You agree to the exclusive jurisdiction of state courts in Cook County, Illinois U.S.A. or federal court for the Northern District of Illinois.

13. FORCE MAJEURE. IVYNET SHALL NOT BE LIABLE FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT ITS PERFORMANCE IS DELAYED OR PREVENTED DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, NATURAL DISASTERS, TERRORIST ACTS, WAR OR OTHER HOSTILITIES, LABOR DISPUTES, CIVIL DISTURBANCES, THE ACTIONS OR OMISSIONS OF THIRD PARTIES, ELECTRICAL OR COMMUNICATION SYSTEM FAILURES, OR GOVERNMENTAL ACTION.
14. GENERAL.

This Agreement, including the Additional Terms below, is the entire agreement between you and IvyNet and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of

the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of IvyNet. However, IvyNet may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by IvyNet or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact IvyNet via an email to: transfer_license@IvyNet.com.

February, 2020

B. ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO THE IVYLOCKER® ONLINE SERVICES

Your use of the Services provided by IvyNet are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the IvyLocker® Services indicated below. These Additional Terms and Conditions are supplemental to and shall prevail over any conflict or inconsistency with the General Terms of Service above.

1. SERVICES

The term “Services” includes any version of IvyLocker® Online software and Data Storage made available through this website.

2. HELP AND SUPPORT

IvyNet may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax and phone) to provide technical support and customer service in connection with IvyLocker® Services. Consult the IvyLocker® Help FAQs section or contact us with your questions.

3. LIMITED GUARANTY

You may use IvyLocker® online services for the trial period of 14 days for IvyLocker®’s Initial Basic Service.    IvyLocker®’s Initial Basic Service consists of a secure online storage with structured data input forms, an Insurance Locker, a Basic profile, Member Dashboard, conditional notification service* options mailed for you notifications or a downloadable checklist to enable the next of kin to easily make connections to those identified on the Member’s Dashboard.  Notifications will be sent to the extent of complete information entered and provided by the subscriber.  IvyLocker® is not responsible for incomplete information for any contact data provided in a members data locker, which would impact a successful delivery of notification.   After day 14, the credit card on file will be charged the subscription price for which you agreed to and received and invoice for.

If you DO NOT wish to utilize the notification services; you may choose to use the checklist option from the dashboard or the mail for you service notification.  Your account will remain open for use, during the 14 day limited trial period.  Cancellation requests must be provided in writing by sending an email to cancel@ivylocker.com  minimally, 48 hours before a billing cycle, in other words your cancellation email must reach customer service a full days 2 days before your 14 days trial ends.  We reserve the right to withhold any subscription premium amount for services past the 8th day of service.   All future billings for monthly service is cancelled.  All data in the IvyLocker® Services Data Storage will be deleted.

4. THIRD PARTY SERVICES

We Specifically Disclaim any Responsibility for Links to Third Party Content. 

LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT IN ANY LINKED WEB SITES IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR IT.

We reserve the right to terminate a link to a third party web site at any time. The fact that we provide a link to a third party web site does not necessarily mean that we endorse, authorize or sponsor that web site, nor that we are affiliated with the third party web site’s owners or sponsors. If you wish to link to any IvyNet  site, please contact our webmaster. If you are a IvyNet business services customer and wish to link your web site to this site, please contact your IvyNet representatives for instructions.

 

5. USER ID AND PASSWORD SECURITY

You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the IvyLocker® Services under your user ID.

 

6. PRIVACY OF PERSONAL INFORMATION

 

At IvyNet we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your personal information to us.

You agree that IvyNet may use and maintain your data according to the IvyNet Privacy Statement, as part of the IvyLocker® Services. You also give IvyNet permission to aggregate your ‘non-personally identifiable data’, which you enter or upload with that of other users of the IvyLocker® Services. For example, this means that IvyNet may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.

You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer.

Our full IvyLocker® Privacy Statement can be found by visiting https://ivylocker.com/privacy. To contact us with a question, email us at Privacy@ivylocker.com. Or write to us at: Privacy Team, IvyLocker., 3126 Valley Falls St., Elgin, IL 60124.

 

7. SOCIAL SECURITY NUMBERS PROTECTION POLICY

 

The companies in the IvyNet, Inc. family (collectively, “IvyNet”) collect Social Security numbers in the course of their business. IvyNet is committed to protecting the confidentiality of your personal information, including your Social Security number. This policy applies to all Social Security numbers collected in the course of IvyNet’s business. We require that Social Security numbers be maintained in a secure and confidential manner. We limit access only to those who need it to perform their jobs. Our employees and service providers may not access or disclose Social Security numbers except as necessary for IvyNet’s business purposes. The unlawful disclosure of Social Security numbers by IvyNet employees or service providers is prohibited.

8. IVYNET NOT RESPONSIBLE

 

YOU UNDERSTAND THAT IVYNET WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU ENTER INTO ITS IVYLOCKER® SERVICES.  YOU ARE ENTIRELY RESPONSIBLE FOR THE CONTENT ENTERED INTO THE IVYLOCKER® SERVICES.IVYNET SHALL NOT BE LIABLE FOR LOSS OF, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON.

9. MISCELLANEOUS MATTERS.

You agree that IvyNet is not acting as your agent or fiduciary in connection with your use of the Software or any Services.

You can contact IvyNet Inc. by mail at IvyNet Inc., 3126 Valley Falls St., Elgin, IL 60124 or by calling 888-774-4894 if you have a question or concern about the product or service we sell over the Internet.  

February 2020

 

 

 

 

IVYLOCKER® NOTIFICATION SERVICES AGREEMENT

 

By clicking and submitting this agreement for IvyLocker® Notification Services, I understand and agree to the following:

 

Neither this document nor any other company procedures and communications are intended to be interpreted as a promise or guarantee of benefits paid to anyone identified in the data submission.

 

IvyLocker®’s Account Notification Services will send key pieces of information electronically (just enough) to identify you to those you hold accounts with.  You may select each account that you desire to receive a notification from IvyLocker®, for example credit card companies, credit bureaus, and pension providers.  You may also choose to exclude certain accounts, with your family taking care of them at a later time.  When the parties you’ve identified receive this notification they can take action to freeze your accounts; saving your loved ones from performing this step.

 

IvyNet reserves the right to change to its Policy & Information Submission, documents, procedures, including those for insurance claim submission, at any time with notice on its website.  If you object to the change, you must notify IvyNet in writing within 30 days of IvyNet’s notification of changes posting on the website.

 

I hereby certify that all the statements and answers set forth on the application are true and complete to the best of my knowledge, and I understand that if any such statements and/or answers are found false or that information has been omitted, such false statements or omissions are my responsibility.

 

I will hold IvyNet’s IvyLocker® harmless; furthermore I accept responsibility regarding all data stored in my Ivy locker.

 

By opting in to this service, you acknowledge and accept the terms of this agreement and agree to provide instructions to your designated next of kin of your request of them to provide the certified death certificate to IvyLocker® within 3 business days from the receipt date of receiving the certified certificate of death and further you will inform, communicate your wish and agreement for use of this service to your next of kin, who may voluntarily agree to perform this act in your behalf.  The terms of this agreement will remain in effect throughout such time unless prohibited by applicable law or the IvyLocker® subscriber cancels their membership.

 

 

 

 

Document Upload Policy

The following Terms of Service represent a legal contract between you and IvyLocker® regarding your use of our document storage services in IvyLocker®.

We encourage all users to learn about their legal rights and responsibilities with respect to fair use of copyright-protected and otherwise privileged content.

Responsibility of Document Contributors

If you choose to upload documents to IvyLocker®, you agree:

 

• That IvyLocker® Document Storage is intended as a tool for members only
• That you will not use IvyLocker® to store any documents that you do not have the legal right to distribute publicly;
• That you will exercise sound editorial judgment in determining the authenticity of documents you upload for storage and that you will immediately remove documents whose authenticity or veracity you are not confident of;
• That you will refrain from violating the privacy rights of private individuals who may be described in documents you publish to IvyLocker® Document Storage
• That you will not upload documents that are copyright-protected material.
• That you are solely responsible for all activities and uploads which happen under your account
• That you will notify IvyLocker® immediately in the event of any unauthorized activity on your account

 

 

IvyLocker®’s Privacy Policy is hereby incorporated into these Terms by reference. Please refer to the IvyLocker® Privacy Policy for information relating to the collection, use and disclosure of your personal information.

Changes to this Agreement

In the event of a material change to these terms of service, we will notify users in accordance with our privacy policy. What constitutes a material change in these terms will be determined by IvyLocker® in good faith and using common sense and reasonable judgment. All changes will go into effect at the time we post the updated terms of service.

 

Limitation of Liability

Software and services provided under this agreement are provided to you as is and with no warranties whatsoever. All implied warranties are excluded to the extent legally permissible. IvyLocker® will provide the document storage services using reasonable skill and care. Under no circumstances will IvyLocker® be liable to you for any consequential or indirect loss of profits or economic advantage of materials stored.

Cookie Policy

The IvyLocker® website uses cookies to enhance your browsing experience.  By continuing to use our site, you acknowledge that you read, that you understand, and that you accept our Cookie Policy and our Privacy Policy.