Agreement between user and CollectDocs
Welcome to www.collectdocs.com. The www.collectdocs.com website (the "Site") is comprised of various web pages operated by Millennia Group, LLC ("Millennia"). www.collectdocs.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.collectdocs.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
CollectDocs is a Hosting Documents and Files Site. CollectDocs is to be used to collect and store digital files in an organized and trackable fashion (the “Service”). In addition to the collection and storage of files, the site is to be used to share access to the files with other permitted users. When all files have been collected, the user will export the files to a long term storage solution.
Privacy
Your use of CollectDocs is subject to Millennia's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Data Protection
Millennia maintains a current security policy detailing processes and procedures for protecting your data and data privacy. Millennia adheres, to the extent practical, to the general security and privacy specifications promulgated by the Federal Government known as Federal Information Processing Standards. In addition, Millennia follows procedures specified in the Health Insurance Portability and Accountability Act ("HIPAA") for protecting personal health information and the United States Privacy Act for personally identifiable information. Such measures include encrypting the files uploaded to the Site while in transit and at rest.
Millennia will maintain a disaster recovery plan for the Site, which Disaster recovery plan shall include annual disaster recovery testing. In addition, Millennia shall use its best efforts to (i) provide full recovery of the Site and its functionality within forty-eight (48) hours following a Disaster, and (ii) to limit the period of data loss resulting from a Disaster to twenty-four (24) hours. For purposes of this agreement, a "Disaster" shall mean any event, regardless of cause, that makes the hosting service unavailable to user or is reasonably anticipated to be unavailable to user for a period greater than eight consecutive (8) hours.
Electronic Communications
Visiting CollectDocs or sending emails to Millennia constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Millennia is not responsible for third party access to your account that results from theft or misappropriation of your account. Millennia and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Millennia does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use CollectDocs only with permission of a parent or guardian.
Fees and Billing
The fees applicable for Service ("Fees") are available at the Site and as published within the Service. The price stated for the Service excludes all taxes and charges, unless stated otherwise. You're responsible for any taxes and for all other charges (for example, data charges and currency exchange settlements). You will pay the Fees in United States currency for your account.
In addition to any Fees, you may still incur charges incidental to using the Service, for example, independent charges for Internet access, data roaming, and other data transmission charges.
We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Once we have informed you that the Service will be provided indefinitely or automatically renewed, we may automatically renew your Service and charge you for any renewal term.
You must keep all information in your billing account current. You can access and modify your billing account information using the Settings tab. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel that Service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
We'll notify you in advance, either through the Service or to the email address you have most recently provided to us, if we change the price of the Service. If there's a specific length and price for your Service offer, that price will remain in force for that time. After the offer period ends, your use of the Service will be charged at the new price. If your Service is on a monthly basis with no specific length, we'll notify you of any price change at least 30 days in advance. If you don't agree to these changes, you must cancel and stop using the Service via a phone call to 1-630-279-0577 (Option 8) no later than fourteen (14) days prior to the conclusion of your current payment term, whether monthly or yearly. If you cancel, your Service ends at the end of your current Service period. If you fail to cancel as required, we will automatically renew the Service for the same term and will charge your payment information on file with us commencing on the first day of the renewal term.
Payments for: (a) Bronze, Silver or Gold accounts, and (b) Enterprise accounts registered to pay via credit card, are due the date the invoice is posted on your account; and (c) all Enterprise accounts registered to pay via check, wire-transfer, or Automated Clearing House (ACH), are due within thirty (30) days of billing date unless otherwise agreed-to by the parties in writing. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 90 days, user's account will be deactivated and all files will no longer be retrievable.
Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time.
Cancellation/Refund Policy
You may cancel your monthly subscription at any time and your next monthly installment payment will be cancelled. If you cancel your annual subscription before the annual renewal date you will not receive a refund for the unused term. In either case, you will have 30 days in which to export all files and data from CollectDocs. If you have not exported all files and data from CollectDocs within the 30 days of your cancellation date, your data will be lost.
Links to third party sites/Third party services
CollectDocs may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Millennia and Millennia is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Millennia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Millennia of the site or any association with its operators.
Certain services made available via CollectDocs are delivered by third party sites and organizations. By using any product, service or functionality originating from the CollectDocs domain, you hereby acknowledge and consent that Millennia may share such information and data with any third party with whom Millennia has a contractual relationship to provide the requested product, service or functionality on behalf of CollectDocs users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use CollectDocs strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Millennia that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Millennia or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Millennia content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Millennia and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Millennia or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Millennia account to third party accounts. By connecting your Millennia account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Millennia from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Millennia Content accessed through CollectDocs in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Millennia, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Millennia reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Millennia in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MILLENNIA GROUP, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MILLENNIA GROUP, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MILLENNIA GROUP, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MILLENNIA GROUP, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MILLENNIA GROUP, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Millennia reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Millennia as a result of this agreement or use of the Site. Millennia's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Millennia's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Millennia with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Millennia with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Millennia with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Confidentiality
All information concerning the business, customers, products, processes and trade secret information ("Confidential Information") of a party (the "Disclosing Party") which may come into the possession of the other party (the "Receiving Party") during the course of the negotiation or performance of this Agreement is confidential to the Disclosing Party, shall be used by the Receiving Party for the sole purpose of complying with its obligations under this Agreement and shall not be disclosed by the Receiving Party to any third party without the prior written consent of the Disclosing Party. All Confidential Information shall become and remain the property of the Disclosing Party and shall be deemed to have been entrusted to the Receiving Party only for the limited purposes of this Agreement and the Receiving Party will not, without the prior written consent of the Disclosing Party use, reproduce or copy, or permit the use, reproduction or copying of any Confidential Information; provided, however, the Receiving Party may make adequate reproductions and copies for the purpose of carrying out its obligations hereunder. All Confidential Information received by the Receiving Party and any reproductions or copies thereof made by the Receiving Party shall be delivered to the Disclosing Party at any time prior to termination of this Agreement at the request of the Disclosing Party and shall be delivered to the Disclosing Party immediately upon termination of this Agreement. Nothing contained in this Agreement or in any disclosures made by the Disclosing Party under it shall be construed to grant to the Receiving Party any license or other rights of the Disclosing Party in or to Confidential Information or under any copyright or patent which has been or may in the future be issued with respect to Confidential Information.
The Receiving Party will not be bound by the provisions of this Section with respect to information which:
- was available to the public prior to receipt of such information by the Receiving Party pursuant to any Agreement; or
- becomes available to the public subsequent to receipt of such information by the Receiving Party pursuant to any Agreement and through no fault of the Receiving Party; or
- was already in the Receiving Party's possession and not acquired, either directly or indirectly, from the Disclosing Party under an obligation of confidentiality; or
- subsequently is obtained from a third party who is lawfully in possession of such information and who is not under a contractual or fiduciary obligation to the Disclosing Party or another person with respect to such information.
Governing Law.
This Agreement shall be subject to and governed by the internal laws (and not the law of conflicts) of the State of Illinois.
Millennia Not Liable for Delays or Defaults.
Millennia shall not be liable for delays or defaults in furnishing goods or services hereunder, if such delays or defaults on the part of Millennia are due to Forces Mejeures such as:
- Acts of God or of a public enemy; Acts of the United States or any state or political subdivision thereof;
- Fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes;
- Embargoes, epidemics or quarantine restrictions;
- Shortage of goods, labor strikes, slowdowns, differences with workmen or labor stoppages of any kind;
- Delays of supplier or delay of transportation for any reason; and
- Causes beyond the control of Millennia in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials.
Changes to Terms
Millennia reserves the right, in its sole discretion, to change the Terms under which CollectDocs is offered. The most current version of the Terms will supersede all previous versions. Millennia encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Millennia welcomes your questions or comments regarding the Terms:
Millennia Group, LLC
2809 Butterfield Road, Suite 190
Oak Brook, IL 60523
Email Address:
info@collectdocs.com
Telephone number:
630-279-0577 option 8
Effective as of January 1, 2022