The website located at https://www.filenext.com (including any and all sub-domains) and any and all services and software provided through or by such websites (whether over the Internet, by mobile platform or otherwise) or otherwise in connection with fileever ("Company"). For the purposes hereof, the users of the Site (including anyone that accesses, browses or uses the Site) are referred to as "you," "your," or "User," and Company is referred to as the "Company," "we," "us," or "our". The Site can be accessed, browsed or used through a variety of online, mobile or other platforms as Company decides to make available (in its sole and absolute discretion) from time to time.
The Company, including its employees, agents, independent contractors and/or representatives, will collect personal information as discussed below ("Personal Information") in a number of circumstances in the course of our operation of the Site.
We do or may in the future collect Personal Information in certain areas of the Site, such as (without limitation) when users register for services, use the Site, provide credit card or payment information, request publications or other information from us, sign up for newsletters, participate in user posting areas (such as bulletin boards, discussion forums, and surveys) and obtain or provide user access credentials.
We may use other technologies including, but not limited to, pixel tags, web beacons, and technologies that enable us to be aware of your operating systems, hardware configurations, software applications that may be installed on your computer, and pages you visited on our website(s). These technologies are employed to allow us to improve our Site. None of the information identifies you personally and we do not link aggregate information to personally identifiable information.
Personal Information we will or may collect from Site users includes (without limitation): (a) names, physical and email addresses, telephone and facsimile numbers, internet protocol (IP) addresses and other business and/or residential contact information; (b) information or comments provided on the Site or otherwise, including feedback and comments about you with respect to the Site; (c) information regarding your activity on the Site, including (without limitation) your browsing patterns, download activity and pages viewed; (d) credit card and payment information; and (e) such other information we may collect with consent or as permitted or required by law.
The Company generally uses Personal Information for the following purposes: (a) identification; (b) establishment and maintenance of our relationship with you, (c) to provide you with ongoing news, publications and information, to respond to your requests and inquiries, to fulfill your requests to register for products or services, use the Site, provide credit card or payment information to us, sign up for newsletters, participate in user posting areas (such as bulletin boards, discussion forums, and surveys) and obtain or provide user access credentials.; (d) marketing purposes, such as your Site activity, browsing and usage information and/or your demographic information that you may have voluntarily provided to us, in order to better tailor our marketing activities and to implement and maintain loyalty programs, provided that we do not sell or lease your Personal Information to third parties for their marketing activities without your explicit consent (except aggregate information that is generally not personally identifiable); (e) providing information to third-party administrators or other providers necessary to optimize operation of the Site; (f) maintaining business records for reasonable periods, and generally managing and administering our business; (g) meeting legal, regulatory, insurance, security and processing requirements and court or administrative orders; and (h) otherwise with consent or as permitted or required by law.
We may keep any and all of your Personal Information on hand for as long as permitted by law for any and all of the purposes described herein.
Personal Information may be disclosed to: (a) our employees, agents, representatives, advisors, affiliates and independent contractors, in connection with their performance of services for or on behalf of the Company; and (b) service providers who help us with our business operations, sales and marketing, information technology or professional services. We will take reasonable measures to ensure that your Personal Information collected, used, disclosed or otherwise processed by any of the aforementioned parties for us or on our behalf is protected and not used or disclosed for purposes other than as directed by the Company, subject to requirements in foreign jurisdictions applicable to those organizations. Please note that foreign jurisdictions differ in their privacy laws and some have Personal Information protection laws equivalent to or greater than those in the United States whereas others do not.
We do not sell, trade, or otherwise transfer to outside parties your personal information. The preceding does not apply to trusted third parties who assist us in operating our Site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
The Company operates and maintains the Site at https://www.filenext.com (and any and all sub-domains thereof) as well as representations of the Site (whether in online, offline, mobile and/or other platforms). In general, you can visit the online version of the Site through traditional Internet access directly to the Site and view basic content while remaining anonymous by not providing any Personal Information; provided, however, we do collect your IP address and cookie information.
Our Site may collect non-personally identifiable information that becomes available to us as a result of your visit to our Site. This information includes, for example, your IP address (a number automatically assigned to your computer when you visit the Site, and which is logged by our servers) your Internet Service Provider ("ISP"), your web browser, the type of operating system, the domain name of the website which links you to our Site and the pages you visited while you were using the Site.
Notwithstanding the foregoing, if you access the Site through means other than traditional Internet access directly to the Site (i.e. you access the Site through mobile, offline, co-branded, social media or networks, or any other means) the above collection of information is subject to modifications and changes based upon your access platform.
You can disable cookies using your Internet browser settings. Please consult your web browser's help function for information on how to disable cookies. Note that if you disable cookies, certain features of our Site may not function properly.
We take reasonable steps to safeguard your Personal Information and endeavor to keep it secure using security measures that are appropriate for a company and website of our scope and size in our industry. Despite these precautions, the Company cannot guarantee that unauthorized persons will not obtain access to Personal Information.
Each User is deemed to consent to receiving periodic email, text and other electronic or digital messages from the Company, unless the User has expressed a desire to unsubscribe and not receive such messages. The email messages may include, without limitation, information and advertisements from the Company and its partners. The Company will generally not share, sell or market the email addresses or other collected personal information of Users to third parties other than as set forth herein.
The Company collects, utilizes and discloses your Personal Information with your consent, except as permitted or required by law. We may be required or permitted under statute or regulation to collect, use or disclose Personal Information without your consent, for example to comply with a court order, to comply with local, federal or foreign regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.
Please bear in mind that the Company is based in the United States, and we do not necessarily attempt to comply with foreign (non-U.S.) privacy legislation. By consenting (in any manner described above) to our collection, usage and disclosure of your Personal Information, you acknowledge and understand that the Site may be viewed and hosted anywhere in the world, and furthermore, you agree that your Personal Information may be transferred across national boundaries.
The Company may establish and maintain a file of your Personal Information for the purposes described above. If you wish to request access or correction of your Personal Information in our custody or control, you may fileever.net as indicated below. Your right to access or correct your Personal Information is subject to applicable legal restrictions. If you wish to withdraw consent, which may affect your access to services or functions provided by the Site, make inquiries or complaints or have other concerns about our Personal Information practices, you should fileever.net as indicated below in "Contact Us". You may also unsubscribe from any mailing lists or newsletter or publication registrations, or otherwise from receiving messages or electronic mail from the Company, through instructions provided on the Site or in emails from us, or by directly contacting us as provided below in "fileever.net" and expressing your desire to unsubscribe or clicking on links on the Site or in electronic mails or other electronic or digital messages that allow you to unsubscribe.
It is our policy to be in compliance with the California Online Privacy Protection Act.
Protecting the privacy of children is especially important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and other applicable laws. The Company does not attempt to, or knowingly ask for or, collect information from any person under the age of 13. We recommend that children ask a parent for permission before sending any personal information anywhere using the Internet. You must be over the age of 18 to use the Site.
Certain products or services of the Company (including, but not limited to, those products and/or services offered by or through the Site) may include compliance with other regulatory requirements, such as (without limitation) SAS 70, The Sarbanes-Oxley Act of 2002 (as amended), The Gramm Leach Bliley Act (as amended), and The Health Insurance Portability and Accountability Act of 1996 (as amended) (collectively, "Other Regulatory Compliance"). The Company makes no express representations or warranties (in aggregate) with respect to Other Regulatory Compliance, and specifically disclaims any and all representations and warranties to such compliance in the aggregate. Certain specific products and/or services may include particular and/or specific compliance with certain areas of Other Regulatory Compliance, and any such (if any) particular or specific compliance will be limited to the compliance which is expressly indicated or stated (if any) by the Company. If you have any questions or concerns with respect to Other Regulatory Compliance, you are strongly encouraged to contact the Company in order to obtain more information.
Please also visit our terms of service and use establishing the use, disclaimers, and limitations of liability governing the use of our website(s) and Site.
The Company may, in its sole and absolute discretion, modify or change any or every aspect of the Policy at any time (for any reason or no reason), effective immediately upon posting such modifications or changes (or a revised version of this Policy incorporating such modifications or changes therein) on or through the Site. Please periodically consult the end of this Policy to determine when the Policy was last revised. You agree to periodically review this Policy to ensure that you are in compliance with any ongoing changes or modifications that are made to the Policy. Your continued use of the Site after any such modifications or changes are posted will constitute your complete and unequivocal acceptance of such any modifications or changes to the Policy. The Company reserves the right, but has no obligation whatsoever, to modify or change the Policy as it applies to any specific User, provided that any and all such special modifications must be in writing and signed by and between the Company and the applicable User. Any specialized modifications so made shall apply exclusively and only to the User that is a party to such written agreement.
This Policy shall be governed by and construed in accordance with the laws of the State of Colorado without regard to the conflicts of law provisions thereof. You expressly agree that any controversy, dispute or claim ("Litigation") arising out of, relating to, or in connection with, this Policy or the Site, or the alleged breach thereof, or relating to our activities or services or to us otherwise under this Policy, shall be settled by confidential binding arbitration in Denver, Colorado, in accordance with the applicable rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) shall be binding on the parties and may be entered in any court having jurisdiction. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or this Policy must be filed within one (1) year after such claim or cause of action arose or was reasonable discovered, whichever is later, or be forever barred. In the event of any Litigation, both parties expressly and irremovably consent to the exclusive venue and personal jurisdiction in Denver County, Colorado. In the event of any Litigation arising from, related to or in connection with this Policy or the Site, the prevailing party thereof shall be entitled to recover its reasonable expenses, including (without limitation) attorneys' fees and the costs of arbitration.