SecureShare Terms of Use
(Last Updated 12/10/2021)
1. Acceptance of Terms. The SecureShare™ is an online document delivery system owned and operated by Safari Technologies, Inc. d/b/a Safari SOP (“STI”). These Terms of Use (“Agreement”) constitute a legally binding agreement between you and STI. By accessing, viewing, or using SecureShare you agree that you have read, understood, and agree to be bound by this Agreement. "You" and "your" refer to you individually and to your company, firm, or legal entity using SecureShare.
2. Description of SecureShare. Companies and corporate law departments that have entered into a written agreement with STI ("STI Customers") use SecureShare to electronically deliver response documents to subpoena serving parties and other parties requesting information (“Serving Parties”). With respect to the password protected pages of SecureShare (each uniquely protected page is called a “Portal”), “Authorized Users” are any individuals at law firms, government agencies or other entities to which an STI Customer has sent access codes for a specific Portal to deliver documents in response to a subpoena or information request, and such authorization is limited only to such Portal.
3. Your Responsibilities & Restrictions. You are responsible for your use of SecureShare, including but not limited to: (i) ensuring that the login codes provided by STI Customers are securely protected, and not intentionally or negligently allowing unauthorized parties from obtaining the login codes; (ii) not altering, corrupting, hacking, or violating any SecureShare computer code affecting the security and access controls of SecureShare; and (iii) complying with all applicable laws, rules, and regulations. Finally, you agree not to: (a) use any robot, spider, data miner, crawler, scraper or other automated means to access or index SecureShare or its systems, STI Customers’ information or response documents, or any portion or derivative thereof for any purpose; (b) interfere or attempt to interfere with the proper working of SecureShare; (c) sell, copy, distribute, or create derivative works based on SecureShare, in whole or in part; nor (d) bypass any measures used by STI to prevent or restrict access to any portion of SecureShare, STI Customers’ information or response documents, or any portion or derivative thereof. Any unauthorized use SecureShare shall terminate your rights as an Authorized User. There is no charge to you to use SecureShare, although STI Customers may require you to pay their response costs via the SecureShare credit card form in connection with downloading STI Customers’ response documents.
4. Collection and Use of Your Information; Limitations.
STI only collects, retains, and uses Your Information (as defined below) solely for the purposes of (i) providing notifications about SecureShare and SecureShare Portals; (ii) ensuring the proper efficient and effective operations of SecureShare; and (iii) providing support and features to STI Customers who receive and respond to subpoenas, information requests, and other service of process or legal documents (collectively, “SOP”).
A. Definition of “Your Information”.
For purposes of this Agreement, “Your Information” means any data (i) entered by you in SecureShare, (ii) collected from public information sources or from your access to and use of SecureShare, (iii) received by STI from STI Customers who entered information in STI systems, or (iv) any combination thereof.
B. Your Information Not Sold or Disclosed.
Except as provided in this Agreement, STI will not sell or disclose Your Information to third parties. The foregoing shall not apply to (i) any review or audits of STI’s systems and operations by STI’s auditors, agents, advisors, and authorized representatives, or by the employees, contractors, agents, auditors, advisors, or authorized representatives of STI Customers, so long as they are subject to non-disclosure agreements or other non-disclosure obligations (collectively, “Authorized System Reviewers”); (ii) any review or audits of STI’s systems and operations as required by law; (iii) any review or investigations by Authorized System Reviewers relating to the operation of SecureShare or STI’s system or any potential or actual cyber incidents; (iv) support and features made available to STI Customers who are processing or responding to SOP; (v) any data aggregation that is not identifiable to a natural person; or (vi) any merger, consolidation, reorganization, sale of all or substantially all of its assets, stock, or similar transaction by STI, or any activities related and connected thereto, so long as such activities are subject to non-disclosure agreements or other non-disclosure obligations.
C. Credit Card Data.
If an STI Customer requires payment of its costs in connection with its document delivery, you can enter credit card information within the SecureShare Portal to pay for the STI Customer’s costs. All credit card data you enter is processed and stored by Stripe, Inc. as a subprocessor to STI. For more information about Stripe, see stripe.com. Except for processing your credit card transaction and any issues relating thereto, Stripe and STI do not access, use, or disclose any of your credit card data.
D. Data Collected by SecureShare.
SecureShare uses cookies and other technologies to function effectively and efficiently. These technologies record information about your use of SecureShare, which may include:
- Browser and device data, such as IP address, device type, operating system and Internet browser type, operating system name and version, device manufacturer and model, language, plug-ins, and add-ons; and
- SecureShare usage and activity data, including but not limited to time spent on SecureShare, pages visited, Portal access (or failure to access), links clicked and actions in a Portal, and the web pages that led or referred you to our website.
5. Indemnity. You agree to indemnify, defend and hold STI (and its affiliates, employees, contractors, agents, suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys' fees, brought by any third party due to or arising out of any alleged breach or violation by you of this Agreement. This indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and your use of SecureShare.
6. Disclaimer of Warranties. STI is not responsible for any problems or technical malfunction of SecureShare, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems, spam filters, or traffic congestion on the Internet or on SecureShare, or combination thereof. SECURESHARE IS PROVIDED BY STI ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, STI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR LACK OF VIRUSES FROM DATA PROVIDED BY STI CUSTOMERS. YOU ACKNOWLEDGE THAT: (I) YOU MAY EXPERIENCE INTERRUPTIONS OR ERRORS WHEN USING SECURESHARE AND (II) SECURESHARE MAY BE UNAVAILABLE. FURTHERMORE, WITH RESPECT TO THE DOCUMENTS YOU DOWNLOAD FROM SECURESHARE THAT HAVE BEEN UPLOAD BY STI CUSTOMERS IN RESPONSE TO SUBPOENAS OR OTHER INFORMATION REQUESTS, YOU AGREE AND ACKNOWLEDGE THAT (A) STI DOES NOT REVIEW OR SCAN SUCH DOCUMENTS FOR VIRUSES OR MALICIOUS CODE, AND (B) STI HAS NO RESPONSIBILITY, DUTY, OR OBLIGATION TO CONDUCT SUCH SCANS.
7. Exclusion of Incidental, Consequential, and Certain Other Remedies. IN NO EVENT SHALL A PARTY BE LIABLE TO ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, REVENUE, CONFIDENTIAL OR OTHER INFORMATION, OR ANY OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH SECURESHARE, OR FOR ANY DATA ENTERED OR OBTAINED FROM OR THROUGH SECURESHARE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Limitation of Liability and Remedies. IN NO EVENT SHALL STI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. Submissions. STI alone will own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to SecureShare ("Product & IP Submissions"), and you agree to assign such Product & IP Submissions to STI without additional compensation. STI may use such Product & IP Submissions as it deems appropriate in its sole discretion.
10. Unauthorized Access. Access to and use of SecureShare is restricted to Authorized Users only. Unauthorized individuals and/or entities attempting to access SecureShare may be subject to prosecution.
11. Notice. You may give notice to STI by certified or registered mail, return receipt requested, to Safari Technologies, Inc., PO Box 2231, Issaquah, WA 98027, USA.
12. Modification of Terms. STI reserves the right to change the terms and conditions of this Agreement at any time.
13. Entire Agreement. This Agreement is the entire agreement between you and STI and governs your use of SecureShare.
14. General Terms. The failure of a party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The headings of this Agreement are inserted for convenience of reference only and are not to be used for purposes of construction or interpretation of this Agreement. This Agreement and your use of SecureShare shall be governed by the laws of the State of Washington, without regard to the choice or conflicts of law provisions of any jurisdiction. With respect to Authorized Users, you agree that (1) any action at law or in equity arising out of or relating to this Agreement shall be filed, and that venue properly lies, only in the state or federal courts located in King County, Washington, United States of America, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action; and (2) regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SecureShare or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred. With respect to an unauthorized user, STI may bring any action again you in the State of Washington, and there are no time limitations with respect to any action by STI except under the applicable statute of limitations. Any claim shall be litigated on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings or otherwise.