Last Updated: January 27, 2021
This Terms of Service Agreement (the “Agreement”) is between Secure, Inc. (“Secure”, “we”, “us” or “our”) and any person or entity (“User”, “you” or “your”) that accesses or uses the Secure website located at securesave.com or any successor site (the “Site”), any Secure mobile application (“App”) or the products and services made available by Secure through or in connection with the Site and/or App (the Site, App and such products and services are referred to collectively as the “Services”). These Terms apply to any access or use of the Services, including without limitation, by those persons simply browsing the Site as well as those persons or entities that have created an account with Secure (including employers who have purchased a subscription for Services (“Employers”) and employees using features of the Services made available through a subscription purchased by their employers (“Employees”)).
THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION THAT REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES BETWEEN YOU AND SECURE AND CONTAINS A CLASS ACTION WAIVER. PLEASE REVIEW SECTION 12 BELOW FOR MORE INFORMATION.
Services
Fees and Payment.
Limitations and Restrictions.
Ownership and Intellectual Property Rights.
Term; Termination; Suspension.
Effect of Termination.
Warranty Disclaimers.
Agreement to Arbitrate; Dispute Resolution.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Arbitration Procedures.
Electronic Communications; SMS Messages
Consent to Electronic Communications. Secure’s Services are internet-based and provided electronically. Therefore, you understand and agree that that the following categories of information (“Communications”) may be provided by electronic means either by e-mail or posted on or through the Services as described below:
All electronic Communications will be deemed to have been received by you no later than five (5) business days after we send them to you by e-mail or post them on or through the Services, whether or not you have received the email or retrieved the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by our e-mail server to the appropriate e-mail address. You agree that these are reasonable procedures for sending and receiving electronic Communications. You agree to promptly update your User Account if your e-mail address or other information changes. Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of any electronic Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the Services. In order to access and retain Communications from us, you must have: (a) an internet browser that supports 128-bit encryption, such as Microsoft Internet Explorer® version 11 or above, Apple Safari®, Mozilla Firefox®, or Google Chrome®; (b) an e-mail account with an internet services provider and any software required to send and receive emails; (c) a personal computer, tablet or mobile phone, operating system and telecommunications connections to the internet capable of supporting the foregoing; (d) sufficient electronic storage capacity on your computer’s, mobile phone’s or tablet’s hard drive or other data storage unit; and (e) a printer that is capable of printing from your browser and e-mail software.
General Terms
Additional Terms Applicable to California Residents
The following Additional Terms apply to Users that are residents of California:
The provider of the Services is Secure, Inc., 5400 Carillon Point, Kirkland, WA 98033. To file a complaint regarding the Services or to receive further information regarding use of the Services, please send a letter to the above address or contact us via email at support@securesave.com (with “California Resident Request” as the Subject Line). You may also contact the Division of Consumer Affairs, Consumer Information Division in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95814, by telephone at 800.952.5210 / 916.445.1254 or via the Internet at www.dca.ca.gov.
The following Additional Terms apply to your use of the Secure iOS App:
The following Additional Terms apply to your use of Secure Payroll Savings Program:
Employer Set-Up and Responsibilities
Employee’s Set-Up and Responsibilities
Secure Custodial Accounts.
FDIC pass-through insurance helps protect Employees against the risk of loss of Employee’s Savings should the FDIC-insured bank where Secure deposits Employee’s Savings fail. If one of the banks in which Secure has deposited Employee’s Savings fails, Employee’s funds would be eligible to be insured by the FDIC up to the standard maximum deposit insurance amount (currently $250,000). This limit applies per depositor and ownership capacity, not per account. When determining an Employee’s coverage limit, the FDIC will add the Employee’s Savings that Secure has placed in a Custodial Account to any amounts Employee holds in the same ownership capacity in other accounts at the same bank. For more information, please visit https://edie.fdic.gov/.
FDIC pass-through insurance does not protect Employee against the risk of Secure’s insolvency. Secure believes that, in the unlikely event of Secure’s insolvency, funds that Secure has on deposit in a Custodial Account for the benefit of Secure Payroll Savings Program participants should not be included in Secure’s bankruptcy estate and should be protected from claims by Secure’s creditors. Additionally, even if Employee Savings (whether held by us or held in a Custodial Account) are eligible for FDIC pass-through insurance and may be protected from claims by Secure’s creditors in the unlikely event of Secure’s insolvency, it is possible that Employee will not have access to those funds while court or other legal proceedings to determine ownership of the funds are ongoing.
Transfers.
Miscellaneous Terms.