Terms and Conditions of Service
Authorguard.net
Last Updated: September 15, 2025
1. INTRODUCTION AND ACCEPTANCE
1.1 Agreement to Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Authorguard.net, a business entity operating under the laws of the State of Colorado (“Company,” “we,” “us,” or “our”), governing your access to and use of the Authorguard software service and platform (“Authorguard” or the “Service”).
1.2 Electronic Acceptance
By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. In accordance with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. §§ 7001-7006), your electronic acceptance of these Terms, whether by clicking “I Agree,” “Sign Up,” “Subscribe,” or through similar mechanisms, constitutes your legal signature and creates a binding contract between you and the Company.
1.3 Capacity to Contract
By accepting these Terms, you represent and warrant that: (a) you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater; (b) you have the legal capacity to enter into this binding agreement; and (c) if you are accepting these Terms on behalf of an entity, you have the authority to bind such entity to these Terms.
1.4 Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and the Company regarding your use of the Service and supersede all prior agreements, representations, and understandings between you and the Company.
2. SERVICE DESCRIPTION AND SUBSCRIPTION PLANS
2.1 Service Overview
Authorguard is a Software as a Service (SaaS) platform designed specifically for authors. The Service provides tools for authors to protect their original works through unlimited uploads and continual search for matches across various platforms and databases. The Service is accessible via web browser at authorguard.net and any associated domains or subdomains.
2.2 Subscription Plans
The Company offers the following subscription plans:
2.2.1 Monthly Subscription Plan
- Price: $14.99 USD per month
- Features: Unlimited uploads and continual search for matches
- Billing Cycle: Monthly, on the same day of the month as the original subscription date
2.2.2 Annual Subscription Plan
- Price: $130.00 USD per year
- Features: Unlimited uploads and continual search for matches (identical to Monthly Plan)
- Billing Cycle: Annually, on the same day of the month as the original subscription date
2.3 No Free Trial
The Company does not currently offer a free trial period for the Service. All subscriptions require payment from the commencement date.
2.4 Material Terms Disclosure
In accordance with the Restore Online Shoppers’ Confidence Act (15 U.S.C. §§ 8401-8405) and the Colorado Consumer Protection Act (C.R.S. §§ 6-1-101 to 6-1-115), the Company discloses the following material terms of the subscription:
2.4.1 The Service is provided on a subscription basis that automatically renews at the end of each billing period.
2.4.2 The total cost that will be charged to your payment method for the initial subscription period is either $14.99 USD for the Monthly Plan or $130.00 USD for the Annual Plan.
2.4.3 Your subscription will automatically renew at the then-current rate unless you cancel prior to the renewal date.
2.4.4 You may cancel your subscription at any time through your account dashboard, but no refunds will be provided for the current billing period.
3. BILLING, PAYMENTS, AND PRICING
3.1 Subscription Fees
3.1.2 The current subscription fees are:
- Monthly Plan: $14.99 USD per month
- Annual Plan: $130.00 USD per year
3.2 Payment Methods
3.2.1 You must provide a valid payment method to subscribe to the Service. Acceptable payment methods may include credit cards, debit cards, or other payment methods as specified on our website.
3.2.2 You authorize the Company to charge your designated payment method for all subscription fees incurred by you. You are responsible for maintaining current and accurate payment information.
3.2.3 If your payment method expires or becomes invalid, you remain responsible for any uncollected amounts. You agree to promptly update your payment information in the event of any changes.
3.3 Billing Cycle
3.3.1 For the Monthly Plan, you will be billed on the same day of each month as your original subscription date. If a month does not contain that date (e.g., February 30), you will be billed on the last day of that month.
3.3.2 For the Annual Plan, you will be billed once per year on the same day of the month as your original subscription date.
3.3.3 Your subscription will continue and automatically renew until canceled in accordance with these Terms.
3.4 Failed Payments
3.4.1 If your payment method is declined or fails for any reason, your access to the Service will be immediately suspended until valid payment is received.
3.4.2 The Company will attempt to notify you of the failed payment via the email address associated with your account. It is your responsibility to ensure that your contact information is current and accurate.
3.4.3 If payment is not successfully processed within seven (7) days after notification of the failed payment, the Company reserves the right to terminate your subscription.
3.5 Price Changes
3.5.1 The Company reserves the right to change subscription prices at any time. Any price changes will be communicated to you via email at least thirty (30) days before the change takes effect.
3.5.2 Price changes will apply to the next billing cycle after the notice period has expired. If you continue to use the Service after the price change takes effect, you will be deemed to have accepted the new price.
3.5.3 If you do not agree to a price change, you may cancel your subscription before the price change takes effect, in accordance with the cancellation procedures outlined in Section 4.
3.6 Taxes
3.6.1 Subscription fees do not include taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, levies, or duties associated with your purchase and use of the Service, excluding taxes based on the Company’s net income.
3.6.2 If the Company is required to collect or pay any such taxes on your behalf, these amounts will be charged to you in addition to the subscription fee.
3.7 Express Informed Consent
>In accordance with the Restore Online Shoppers’ Confidence Act (15 U.S.C. §§ 8401-8405), the FTC Negative Option Rule (16 CFR Part 425), and the Colorado Consumer Protection Act (C.R.S. §§ 6-1-101 to 6-1-115), by subscribing to the Service, you expressly acknowledge and agree that:3.7.1 You are authorizing recurring charges to your payment method at the intervals and amounts specified for your selected subscription plan.
3.7.2 Your subscription will continue until you cancel it.
3.7.3 The Company will provide a clear and conspicuous disclosure of all material terms before obtaining your billing information.
4. AUTOMATIC RENEWAL AND CANCELLATION
4.1 Automatic Renewal
4.1.1 Your subscription will automatically renew at the end of each billing period (monthly or annual) unless you cancel it prior to the renewal date.
4.1.2 For Monthly Plans, renewal occurs on the same day of each month as your original subscription date.
4.1.3 For Annual Plans, renewal occurs on the same day and month each year as your original subscription date.
4.2 Renewal Notices
4.2.1 In accordance with the Colorado Automatic Renewal Law (C.R.S. § 6-1-732) and the Colorado Consumer Protection Act (C.R.S. §§ 6-1-101 to 6-1-115), for Annual Plans, the Company will send you a renewal notice between fifteen (15) and forty-five (45) days before your subscription renews.
4.2.2 The renewal notice will clearly and conspicuously disclose:
- That your subscription will automatically renew unless canceled;
- The renewal term and any changes to the terms that will apply upon renewal;
- The then-current subscription fee that will be charged upon renewal;
- Information on how to cancel your subscription.
4.2.3 For Monthly Plans, you will receive periodic reminders about your active subscription status, but formal renewal notices are not required by law for subscriptions with a renewal period of one month or less.
4.3 Cancellation Procedure
4.3.1 In accordance with the Colorado Automatic Renewal Law (C.R.S. § 6-1-732), the Restore Online Shoppers’ Confidence Act (15 U.S.C. §§ 8401-8405), and the FTC Negative Option Rule (16 CFR Part 425), the Company provides a simple, one-step online cancellation mechanism.
4.3.2 You may cancel your subscription at any time by:
- Logging into your account on the Service;
- Navigating to the account dashboard;
- Clicking the clearly labeled “Cancel Subscription” button; and
- Confirming your cancellation when prompted.
4.3.3 No additional steps, such as calling customer service, sending emails, or submitting written requests, are required to complete the cancellation process.
4.3.4 Upon cancellation, you will receive an email confirmation of your cancellation request.
4.4 Effect of Cancellation
4.4.1 If you cancel your subscription, you will continue to have access to the Service until the end of your current billing period. No refunds or credits will be provided for the unused portion of the current billing period.
4.4.2 After the end of your current billing period, your access to the Service will be terminated, and you will no longer be charged for the subscription.
4.4.3 Cancellation of your subscription does not delete your account. Your account information will be retained in accordance with our data retention policies as described in Section 10.
4.5 Reactivation
4.5.1 If you cancel your subscription and later wish to reactivate it, you may do so by logging into your account and selecting a new subscription plan. New subscriptions will be subject to the then-current Terms and pricing.
5. ACCOUNT MANAGEMENT AND SERVICE FEATURES
5.1 Account Creation and Security
5.1.1 To use the Service, you must create an account by providing accurate and complete information as prompted by the registration form.
5.1.2 You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
5.1.3 You are solely responsible for all activities that occur under your account. The Company will not be liable for any loss or damage arising from your failure to comply with this section.
5.2 Account Restrictions
5.2.1 You may not create more than one account per individual user.
5.2.2 You may not share your account credentials with any third party or allow any third party to access the Service through your account.
5.2.3 You may not transfer or assign your account to any other person or entity without the Company’s prior written consent.
5.3 Pausing Subscriptions
5.3.1 You may pause your subscription for a period of up to three (3) consecutive months through your account dashboard./p>
5.3.2 During the pause period:
- You will not be charged for the subscription;
- You will have limited or no access to the Service as determined by the Company;
- Your uploaded content will remain stored but will not be actively monitored for matches.
5.3.3 After the pause period ends, your subscription will automatically resume, and billing will recommence according to your subscription plan.
5.3.4 You may end the pause period early by selecting the “Resume Subscription” option in your account dashboard.
5.4 Downgrading Plans
5.4.1 If you are subscribed to the Annual Plan, you may downgrade to the Monthly Plan at the end of your current annual billing period.
5.4.2 To downgrade your plan, select the “Change Plan” option in your account dashboard at least seven (7) days before your renewal date.
5.4.3 Downgrading your plan will take effect at the start of the next billing period. No partial refunds will be provided for the unused portion of your current subscription period.
5.5 Service Features
5.5.1 Unlimited Uploads
- Both Monthly and Annual Plans include unlimited uploads of your original works.
- Each upload must comply with the file type, size, and format requirements specified on the Service.
- The Company reserves the right to implement reasonable technical measures to prevent abuse of the unlimited uploads feature.
5.5.2 Continual Search for Matches
- The Service will continuously scan various platforms and databases to identify potential matches to your uploaded works.
- The Company does not guarantee that all instances of matching content will be identified.
- Match detection is provided on a best-effort basis and depends on the availability and accessibility of third-party platforms and databases.
5.5.3 Match Notifications
- You will receive notifications via email when potential matches to your uploaded works are identified.
- Notification settings can be customized through your account dashboard.
6. ACCEPTABLE USE AND USER RESTRICTIONS
6.1 General Conduct Requirements
6.1.1 You agree to use the Service only for lawful purposes and in accordance with these Terms.
6.1.2 You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service;
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
- To engage in any other conduct that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service.
6.2 Content Restrictions
6.2.1 As specified by the client, you are restricted to uploading only your own original works to the Service. “Original works” means content that you have personally created and for which you own or control all intellectual property rights.
6.2.2 You agree not to upload, transmit, or otherwise make available through the Service:
- Content that you do not own or have the right to use;
- Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any person or entity;
- Content that is defamatory, obscene, pornographic, vulgar, offensive, threatening, abusive, harassing, or that promotes discrimination, bigotry, racism, or hatred;
- Content that contains software viruses, worms, or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
6.3 Technical Restrictions
6.3.1 You agree not to:
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
- Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose;
- Use any device, software, or routine that interferes with the proper working of the Service;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempt to interfere with the proper working of the Service.
6.4 Compliance with Laws
6.4.1 Your use of the Service must comply with all applicable laws, including but not limited to:
- The Computer Fraud and Abuse Act (18 U.S.C. § 1030), which prohibits unauthorized access to protected computers;
- The Digital Millennium Copyright Act (17 U.S.C. § 512), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
6.5 Enforcement
6.5.1 The Company reserves the right to:
- Remove or refuse to display content that violates these Terms or applicable laws;
- Take appropriate legal action against anyone who, in the Company’s sole discretion, violates these Terms;
- Terminate or suspend your access to all or part of the Service for any violation of these Terms.
6.5.2 Without limiting the foregoing, the Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Service.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Ownership of User Content
7.1.1 You retain all ownership rights in your original works that you upload to the Service (“User Content”). The Company does not claim ownership of your User Content.
7.1.2 You represent and warrant that:
- You own or control all rights in and to your User Content;
- You have the right to grant the license granted to the Company in Section 7.2;
- Your User Content does not violate the privacy rights, publicity rights, copyright, contractual rights, intellectual property rights, or any other rights of any person or entity.
7.2 Limited License to Company
7.2.1 By uploading User Content to the Service, you grant the Company a non-exclusive, worldwide, royalty-free, limited license to use, reproduce, store, and display your User Content solely for the purpose of providing the Service to you. This license is limited to the operational needs of the Service, including:
- Storing your User Content on our servers;
- Processing your User Content to identify potential matches;
- Displaying your User Content to you through the Service interface;
- Creating and storing backup copies of your User Content as part of our regular backup procedures.
7.2.2 This license does not grant the Company any rights to use your User Content for any other purpose, including but not limited to marketing, advertising, or commercial purposes unrelated to providing the Service to you.
7.2.3 This license terminates automatically when you remove your User Content from the Service or when your account is terminated, except to the extent that:
- The Company needs to retain copies for backup or archival purposes;
- The Company needs to retain information to comply with legal obligations;
- The Company has already used your User Content in accordance with this license prior to removal.
7.3 Company Intellectual Property
7.3.1 The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7.3.2 These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
7.3.3 You must not:
- Modify copies of any materials from the Service;
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service;
- Access or use for any commercial purposes any part of the Service or any services or materials available through the Service.
7.4 Trademarks
7.4.1 The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
7.4.2 All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
7.5 Digital Millennium Copyright Act
7.5.1 The Company respects the intellectual property rights of others and expects users of the Service to do the same. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), the Company will respond expeditiously to claims of copyright infringement committed using the Service.
7.5.2 If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
7.5.3 The Company’s copyright agent for notice of claims of copyright infringement can be reached at:
- Email: services@authorguard.net;
- Mail: 5283 Smokehouse Lane, Colorado Springs, CO 80917
8. SERVICE AVAILABILITY AND TECHNICAL REQUIREMENTS
8.1 System Requirements
8.1.1 To access and use the Service, you must have an operational web browser. The Service is designed to be compatible with current versions of major web browsers, including Google Chrome, Mozilla Firefox, Apple Safari, and Microsoft Edge.
8.1.2 You are responsible for:
- Obtaining and maintaining all computer hardware, software, and communications equipment needed to access the Service;
- Paying all charges related to your access to the Service (e.g., internet service provider fees, data charges);
- Configuring your information technology, computer programs, and platform to access the Service.
8.1.3 The Company does not guarantee that the Service will be compatible with all hardware and software systems.
8.2 Service Availability
8.2.1 The Company targets 100% uptime for the cloud service servers that host the Service. However, the Company is not responsible for outages or disruptions caused by:
- Third-party cloud service providers;
- Internet service providers;
- Telecommunications networks;
- Acts of God, natural disasters, or other events beyond the Company’s reasonable control.
8.2.2 The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or by third-party providers, or because of other causes beyond the Company’s reasonable control.
8.2.3 The Company will use reasonable efforts to schedule planned maintenance during non-peak usage hours.
8.3 Technical Support
8.3.1 The Company provides technical support for the Service via email at services@authorguard.net.
8.3.2 Technical support is available during normal business hours, Monday through Friday, excluding federal holidays in the United States.
8.3.3 The Company will make reasonable efforts to respond to support requests within 48 hours, but does not guarantee response times.
8.4 Service Modifications
8.4.1 The Company reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice.
8.4.2 The Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
8.4.3 Material changes to the functionality of the Service will be communicated to users via email or through notices displayed on the Service.
8.5 Third-Party Links and Services
8.5.1 The Service may contain links to third-party websites or services that are not owned or controlled by the Company.
8.5.2 The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
8.5.3 The Company strongly advises you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
9. LIMITATION OF LIABILITY AND DISCLAIMERS
9.1 Disclaimer of Warranties
9.1.1 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.1.2 THE COMPANY MAKES NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
9.1.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9.1.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9.2 Limitation of Liability
9.2.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.
9.2.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICE DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
9.2.3 THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9.3 Indemnification
9.3.1 You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
9.4 Exclusions and Limitations
9.4.1 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
9.4.2 Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from negligence or fraud.
9.5 Colorado Consumer Protection Act
9.5.1 The limitations of liability in these Terms are intended to be consistent with the Colorado Consumer Protection Act (C.R.S. §§ 6-1-101 to 6-1-115) and the requirements for intentional conduct as established in Crowe v. Tull, Colorado Supreme Court, 2006.
9.5.2 Nothing in these Terms is intended to limit liability for intentional, fraudulent, or deceptive trade practices as defined under C.R.S. § 6-1-105.
10. DATA HANDLING AND PRIVACY
10.1 Data Collection
10.1.1 As specified by the client, the Company does not collect personal data beyond what is necessary for payment processing. The specific types of information collected may include:
- Account information (name, email address, username);
- Payment information (processed through secure third-party payment processors);
- Usage data (how you interact with the Service);
- Technical data (IP address, browser type, device information).
10.1.2 The Company does not collect or process sensitive personal information such as racial or ethnic origin, political opinions, religious beliefs, health information, or biometric data.
10.2 Data Use
10.2.1 The Company uses the collected data solely for the purposes of:
- Providing and maintaining the Service;
- Processing and completing transactions;
- Sending administrative emails and service announcements;
- Responding to your comments, questions, and requests;
- Protecting the security and integrity of the Service;
- Complying with legal obligations.
10.3 Data Retention
10.3.1 As specified by the client, the Company retains all data indefinitely unless you specifically request deletion.
10.3.2 You may request deletion of your account and associated data by contacting services@authorguard.net. Upon receiving such a request, the Company will:
- Delete your account and personal information within 30 days;
- Remove your User Content from active systems;
- Retain only the information necessary to comply with legal obligations, resolve disputes, and enforce agreements.
10.3.3 Some information may remain in backup copies for a limited time, but this information will not be used for any active purposes.
10.4 Data Security
10.4.1 The Company implements appropriate technical and organizational measures to protect your personal information against unauthorized or unlawful processing, accidental loss, destruction, or damage.
10.4.2 While the Company strives to use commercially acceptable means to protect your personal information, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, the Company cannot guarantee absolute security.
10.5 Colorado Privacy Act
10.5.1 The Colorado Privacy Act (C.R.S. §§ 6-1-1301 to 6-1-1313) may not apply to the Company’s processing activities if the Company does not collect personal data beyond payment processing as specified by the client.
10.5.2 Notwithstanding the foregoing, the Company respects the principles of data protection and privacy, and will comply with all applicable laws regarding the collection, use, and protection of your information.
10.6 Cookies and Tracking Technologies
10.6.1 The Service may use cookies and similar tracking technologies to track activity on the Service and hold certain information.
10.6.2 Cookies are files with a small amount of data that may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device.
10.6.3 You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of the Service.
11. DISPUTE RESOLUTION
11.1 Customer Service Resolution
11.1.1 As specified by the client, the Company is committed to resolving disputes through customer service before proceeding to formal dispute resolution processes.
11.1.2 If you have a dispute or complaint regarding the Service, you agree to first contact the Company at services@authorguard.net to attempt to resolve the dispute informally.
11.1.3 The Company will acknowledge your complaint within two (2) business days and endeavor to resolve the issue within fourteen (14) business days.
11.2 Formal Dispute Process
11.2.1 If the dispute cannot be resolved through customer service within thirty (30) days, either party may initiate a formal dispute resolution process.
11.2.2 Any formal dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by binding arbitration conducted by a neutral arbitrator in accordance with applicable arbitration procedures.
11.2.3 The arbitration shall take place in Colorado Springs, Colorado, and shall be conducted in the English language.
11.2.4 The arbitration shall be conducted by one arbitrator who shall be selected by mutual agreement of the parties or, failing such agreement, by JAMS in accordance with its rules.
11.2.5 The arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
11.3 Small Claims Court
11.3.1 Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court’s jurisdiction.
11.4 Injunctive Relief
11.4.1 Notwithstanding the foregoing, either party may seek emergency or temporary injunctive relief in any court of competent jurisdiction. The filing of an action for injunctive relief shall not constitute a waiver of the right to arbitrate.
11.5 Class Action Waiver
11.5.1 YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11.5.2 Unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
11.6 Governing Law
11.6.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any choice or conflict of law provision or rule.
11.6.2 Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City of Colorado Springs and County of El Paso, although the Company retains the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
12. MODIFICATIONS TO TERMS
12.1 Amendments to Terms
12.1.1 The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. The most current version of these Terms will be posted on the Service with the “Last Updated” date at the top.
12.1.2 Material changes to these Terms will be communicated to you via email at least thirty (30) days before the changes take effect, in accordance with the Colorado Consumer Protection Act (C.R.S. §§ 6-1-101 to 6-1-115) and the Restore Online Shoppers’ Confidence Act (15 U.S.C. §§ 8401-8405).
12.1.3 If the changes include an increase in fees or charges, a material decrease in the functionality of the Service, or a material change to the Company’s obligations under these Terms, you will be given the opportunity to accept the new terms or cancel your subscription without penalty before the changes take effect.
12.2 Continued Use
12.2.1 Your continued use of the Service after the effective date of any changes to these Terms constitutes your acceptance of the amended Terms.
12.2.2 If you do not agree to the amended Terms, you must stop using the Service and cancel your subscription before the changes take effect.
12.3 Material Changes to the Service
12.3.1 The Company may make changes to the Service at any time, including adding, modifying, or removing features or functionality.
12.3.2 The Company will provide notice of material changes to the Service that significantly reduce its functionality or features through email or notices displayed on the Service.
13. TERMINATION
13.1 Termination by You
13.1.1 You may terminate your account and subscription at any time by following the cancellation procedure described in Section 4.3.
13.1.2 Upon termination, your right to use the Service will immediately cease, but all provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13.2 Termination by the Company
13.2.1 The Company may terminate or suspend your account and subscription immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
13.2.2 The Company may also terminate or suspend your account and subscription if:
- You fail to pay any fees when due;
- You provide inaccurate, fraudulent, or false information;
- Your use of the Service poses a security risk or risk of legal liability to the Company;
- The Company ceases to provide the Service generally.
13.2.3 In the event of termination for breach of these Terms, you will not be entitled to any refund of subscription fees.
13.3 Effect of Termination
13.3.1 Upon termination of your account and subscription:
- Your access to the Service will be disabled;
- You will no longer be charged for the subscription;
- Your User Content will be handled in accordance with Section 10.3;
- The Company may, but is not obligated to, delete any of your User Content.
13.3.2 Termination of your account and subscription does not relieve you of any obligations incurred prior to termination.
13.4 Survival
13.4.1 All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. GENERAL LEGAL PROVISIONS
14.1 Entire Agreement
14.1.1 These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by the Company on the Service, shall constitute the entire agreement between you and the Company concerning the Service.
14.1.2 These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company regarding the Service.
14.2 Severability
14.2.1 If any provision of these Terms is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law.
14.2.2 The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from these Terms.
14.2.3 In such event, the parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the parties’ original intent and economic expectations.
14.2.4 The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.
14.3 Waiver
14.3.1 No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
14.3.2 No waiver shall be effective unless it is in writing and signed by an authorized representative of the Company.
14.4 Assignment
14.4.1 You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent.
14.4.2 Any attempt by you to assign or transfer these Terms without the Company’s consent shall be null and void.
14.4.3 The Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
14.5 Force Majeure
14.5.1 The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
14.6 No Third-Party Beneficiaries
14.6.1 These Terms do not and are not intended to confer any rights or remedies upon any person other than you and the Company.
14.7 Notices
14.7.1 Any notice to you under these Terms will be provided by email to the email address you provide to the Company during the registration process or through a general notice on the Service.
14.7.2 Any notice to the Company under these Terms should be sent by email to services@authorguard.net or by mail to 5283 Smokehouse Lane, Colorado Springs, CO 80917.
14.7.3 Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, notice may be deemed given three days after the date of mailing by certified mail, postage prepaid, to the address provided.
14.8 Interpretation
14.8.1 The section titles in these Terms are for convenience only and have no legal or contractual effect.
14.8.2 The word “including” means “including without limitation.”
14.8.3 These Terms shall not be construed against the Company by virtue of having drafted them.
15. CONTACT INFORMATION
15.1 Company Contact Details
15.1.1 If you have any questions about these Terms, please contact the Company at:
- Company Name: Authorguard.net
- Address: 5283 Smokehouse Lane, Colorado Springs, CO 80917
- Email: services@authorguard.net
15.2 Customer Support
15.2.1 For customer support inquiries, please contact:
- Email: services@authorguard.net
- Response Time: The Company aims to respond to all customer support inquiries within 48 hours during business days.
15.3 Legal Notices
15.3.1 All legal notices to the Company should be sent to:
- Email:services@authorguard.net
- Mail: 5283 Smokehouse Lane, Colorado Springs, CO 80917
- Attention: Legal Department