Terms of Use
The ClaimProof.com Web Site ("ClaimProof") is being provided to you by Base K USA, Inc. under the terms expressed in this document named ClaimProof Term of Use. Your use of the ClaimProof site will indicate your acceptance of these terms. Do not use the site if you do not agree to be bound by these terms. By clicking on the "AGREE" button you are confirming that you agree to be bound by these terms. Use the scrollbar to view all remaining terms below.
1. Changes to Terms. ClaimProof may change these Terms of Use at any time. Any change to these Terms of Use will be made publicly available on this website by clicking the "Terms of Use" link at the bottom of the home page. Continued use of the service is construed as your acceptance of the Terms of Use. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
2. Changes to ClaimProof Service. ClaimProof reserves the right to change or discontinue the ClaimProof service ("the Service") at any time, with or without notice. ClaimProof shall be in no way liable for any consequence to anyone or anything which results from our decisions regarding continuing, changing, or discontinuing any features of the Service. Further, ClaimProof shall not be liable for forwarding or retrieving documents.
3. No Liability for Data Stored on ClaimProof. ClaimProof assumes no liability for any of the data which is stored on the ClaimProof service, be it obscene, offensive, illegal, or if it is an infringement of property rights of anyone. Individual users are solely responsible for the file content they upload and store on this service.
4. Individual Account Security, Privacy, and Personal Use. You agree that you are the only person responsible for the security of your account and ClaimProof is not.
5. Grant of License, Non-Transferable Membership. ClaimProof grants you a personal, non-exclusive, non-transferable license to use the products and software made available through the ClaimProof web site for your own individual purposes. All rights related to this Service not expressly granted by ClaimProof to you are retained. You must have a valid, registered user account to access ClaimProof. ClaimProof may only be accessed and used by those authorized individuals who are registered with ClaimProof. Your password may be maintained by you as often as you like, however this password is non-transferable and your account may not be shared for other individuals to use. Upon termination of your membership subscription, by non-payment, cancellation or suspension of service, this agreement will automatically terminate and the license to use Service. YOU AGREE THAT YOUR ACCOUNT PASSWORD MUST BE KEPT PRIVATE AND MAY NOT BE USED BY ANY OTHER INDIVIDUAL OR AUTOMATED PROCESS TO ACCESS YOUR ACCOUNT UNLESS THEY ALSO HAVE AN ASSIGNED USER LICENSE IN THE CASE OF MULTI-USER ACCOUNTS.
6. Disclaimer of Warranties. ClaimProof IS NOT RESPONSIBLE FOR ANY LOSS OF DATA, DUE TO TRANSMISSION ERROR, CLIENT SOFTWARE ERROR, SERVER SOFTWARE ERROR, USER ERROR, OR ANY CAUSE. DUE TO THE NATURE OF THE INTERNET. You agree that this service comes with no warranty and is "AS IS" and "AS AVAILABLE" only. This service is not intended to be the sole backup solution. You assume all risks associated with accepting a service of this kind. ClaimProof expressly disclaims every type of warranty whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and non-infringement.
ClaimProof makes no warranty that ClaimProof will meet your requirements or that ClaimProof will be uninterrupted, timely, secure or error-free. ClaimProof takes no responsibility for damage done to your property as a result of using ClaimProof software or the system itself. In addition, ClaimProof does not make a warranty for any goods which are purchased through the service. Anything which you purchase through the service is a separate agreement between you and the third party and ClaimProof shall have nothing to do with it. Further, if anyone who is an employee or agent of ClaimProof makes any sort of statement, it shall not be construed as a warranty. If by law it is not allowed because of your jurisdiction's rules for ClaimProof to exclude certain warranties then only the exclusions which are disallowed by law do not apply to you.
7. Limitation of Liability. You also agree that ClaimProof will not be liable for any special, direct, consequential, indirect, or incidental damages which result from use, cost, errors, security breaches, or anything else related to the use of ClaimProof. (If it is illegal for us to exclude certain liabilities for you because of your legal jurisdiction, the illegal exclusions do not apply to you.)
8. US Laws. When using ClaimProof, you agree to follow U.S. laws regarding transmitting data, and not to make illegal use of the ClaimProof System or use it for purposes which are illegal. Further, you agree not to use the System for transmitting vulgar, obscene, harmful, libelous, abusive, or unlawful material. You agree not to attempt to gain access to other computer systems. Also, you agree not to interfere with anyone else who is a registered user of ClaimProof in their use and enjoyment of the ClaimProof web site. You agree to not transmit anything over ClaimProof which could cause civil liability against anyone, or break applicable international regulations, international laws, national laws, national regulations, state laws, state regulations, or local laws, or local regulations.
9. Use of Service. In connection with any file uploads, emailed file attachments, or faxed documents, you further agree that you will not: (i) submit material to the Service or distribute material from the Service, whether it by via uploading, email file attachments, or faxed documents, that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant to ClaimProof all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ClaimProof or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
ClaimProof does not endorse any User-supplied Content or Guest-supplied Content or Uploaded Material or any opinion, recommendation, or advice expressed therein, and ClaimProof expressly disclaims any and all liability in connection with User-supplied Content or Guest-supplied Content or Uploaded Material. ClaimProof does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ClaimProof will remove all User-supplied Content or Guest-supplied Content or Uploaded Material if properly notified that such content infringes on another's intellectual property rights. ClaimProof reserves the right to remove such content without prior notice. ClaimProof will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had such content removed from the Service more than twice. ClaimProof also reserves the right to decide whether User-supplied Content or Guest-supplied Content or Uploaded Material is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, material that may be offensive, content having excessive file size or excessive use, which puts an excessive load on the servers. ClaimProof may remove such Uploaded Material and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe that any material uploaded by a User or Guest or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA").
10. Indemnification. You agree to indemnify and hold ClaimProof and its affiliates, officers, stockholders, and employees harmless from any type of demand or any type of claim which would include attorneys' fees which are reasonable, which are made by any third party as a result of your use of the ClaimProof System, be it any type of infringement such as intellectual property or other rights, or other users of ClaimProof using your computer, or an infringement of these Terms of Use by you.
11. Sole Responsibility for Data, Account Termination. You agree to be solely and completely responsible for all of your transmissions onto and off of your ClaimProof vault, and the contents of those transmissions. ClaimProof holds the right to terminate your access to the ClaimProof system at any time with or without reason, at its sole discretion. If your account is terminated for any reason, you agree you may not have permission to access your files on the ClaimProof system and your files will be permanently removed from our servers. ClaimProof is not obligated to give you access to any data which you have uploaded or inserted into ClaimProof in any way. NO OBLIGATION OF REFUND: You agree that ClaimProof is not obligated in any way to refund any portion of monies paid for a subscription service period if the account is terminated for any reason.
12. Limitations of Free Trial Accounts. THE FUNCTIONALITY OF ALL FREE TRIAL ACCOUNTS, DEMO ACCOUNTS, AND STANDARD FREE ACCOUNTS IS LIMITED. CLAIMPROOF MAKES NO CLAIMS TO THE FUNCTIONALITY OR USABILITY OF FREE ACCOUNTS. ONCE A FREE ACCOUNT ENTERS A CANCELLATION STATUS, THE ACCOUNT AND ALL OF THE ACCOUNT FILES MAY BE PURGED WITHOUT FURTHER NOTICE.
13. Advertisements. ClaimProof assumes no liability for anything which is perceived in advertisements in ClaimProof, or any actions which are taken or not taken as a result of those advertisements and any contact which you have with the advertisers.
14. Intellectual Property. By registering with this service, you understand and agree that all content created by ClaimProof for the ClaimProof system, as well as all of the ClaimProof software that supports this system, is protected by trademarks, copyright, service marks, or other property rights and laws. Therefore you must have appropriate authorization before reproducing, distributing, copying, or taking and changing any of these contents. Further, your use of the ClaimProof system must be in accord and governed by all appropriate state, federal, local, international, and national laws and regulations.
15. Applicable Laws. If anything which is inserted into this Terms of Use document is found by the appropriate legal jurisdiction and authority to be in violation of the relevant law then the other parts of the Terms of Use shall be understood as close to their original meaning as possible and the parts which were not in violation of a law remain in full effect, and full force.
16. Enforcement. If ClaimProof fails to act on any of the terms of this document it should not be construed as a waiver of any provision unless ClaimProof agrees to any such waiver in writing.
17. Automatic Upgrade for Excess Storage Used. IF THE TOTAL SIZE OF YOUR CLAIMPROOF ACCOUNT EXCEEDS THE CURRENT PLAN SIZE PURCHASED, A NOTICE WILL BE EMAILED TO THE EMAIL ADDRESS OF THE ACCOUNT'S BILLING CONTACT WITH NOTICE THAT ADDITIONAL COSTS WILL INCUR WITHOUT ACCOUNT UPGRADE OR DELETION OF FILES OR ADDITIONAL USERS ARE NOT REMOVED BEFORE THE BILLING DATE. IF NO ACTION IS TAKEN BEFORE THE ACCOUNT'S BILLING DATE, ACCOUNT WILL BE AUTOMATICALLY CHARGED FOR THE ADDITIONAL STORAGE SPACE, FILES, USERS AND/OR FAX PAGES USED. CLAIMPROOF IS NOT RESPONSIBLE FOR EMAIL RECEPTION, THEREFORE YOU ARE RESPONSIBLE FOR KEEPING TRACK OF THE SIZE OF YOUR STORAGE USED, FILES STORED, USERS CREATED AND FAX PAGES SENT.
18. Limitations of Included Storage. The quantity of users, files stored and account users included in each plan is detailed on the Service Plans page. Additionally, each account includes a limited maximum number of Gigabytes (GB) of storage space. Storage space limits are: 1GB, 2GB, 4GB, 6GB, 8GB, 16GB, 32GB, 64GB, 128GB, and 256GB, in the respective order of the accounts listed on the Service Plans page.