1. USE OF THE SITE
Company may make certain information or Services available via the Site only pursuant to additional guidelines, rules or agreements applicable to such Services, which may be posted from time to time.
You are entitled to view, copy and print any documents that are made generally available on Site but only for your own internal business purposes. Any sale, transmission or redistribution of Site or its content, and any copying, modification or other use of Site or its content for any purposes other than your own internal business purposes, are strictly prohibited.
You are prohibited from using Site to gain unauthorized access, directly or indirectly, to Company’ computer systems or a third party’s computer systems. You shall not interfere with another user’s use or enjoyment of Site.
To the extent required to do so by law, Company will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose information regarding users of Site.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You acknowledge that Company has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files or any other information You may be able to access using the Services.
3. ACCOUNT SECURITY
You are solely responsible for safeguarding and maintaining the confidentiality of Your Login ID and Password.
You are also solely responsible for any activity using Your account, whether or not You authorized that activity. You should immediately notify Company of any unauthorized use of Your account.
4. AVAILABILITY OF THE SERVICES
We try Company’s best to have the Services available 24 hours a day, 7 days a week. There may still be times when the Services are unavailable for routine maintenance, to correct technical difficulties, or for some other reason. Availability of the Services is subject to change at any time in Company’s sole discretion.
5. COMPANY PROPERTY AND FEEDBACK
6. PROPRIETARY RIGHTS
The Services and all associated content (including any derivatives of or enhancements to the same), and all intellectual property rights to the same (including trademarks, service marks, trade names, trade dress) that appear in connection with the Services, are owned by or licensed to Company.
The Site contains proprietary information that is protected by applicable intellectual property and other laws. You acknowledge and agree that the proprietary information is protected (as applicable) by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Company, you shall NOT modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.
8. LINKS TO THIRD PARTY SITES
The Site may provide links to third party website(s) or resources. Such website(s) are publicly available and Company is providing access to such website(s) through the Site solely as a convenience to you. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources. The fact that access to such website(s) is provided does not constitute any endorsement, authorization or sponsorship of such website(s) or their sponsors by Company. Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 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 use of or reliance on any such content, goods or services available on or through any such site or resource. You understand and agree that you will use or rely on such web sites solely at your own risk and that Company does not grant to you any rights in respect of such website(s).
You agree to indemnify and release Company and its affiliates from and against any and all claims, liabilities, losses, obligations, costs, expenses (including attorney’s fees and costs) and damages brought by third-parties arising out of, related to, resulting from, or that may arise from Your use of the information or the Site, including, without limitation, any claims that if the allegations were true, would constitute a breach of any of the representations, warranties, agreements or promises made by You herein. You also agree to cooperate fully with the Company in the defense of any claim that is the subject of Your obligations hereunder.
10. DISCLAIMER OF WARRANTIES
a. COMPANY STRIVES TO PROVIDE ACCURATE AND UP-TO-DATE MATERIAL ON THIS SITE. HOWEVER, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR TIMELINESS OF THE MATERIAL PROVIDED ON THIS SITE. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THIS SITE. YOUR USE OF SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 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.
b. COMPANY MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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.
11. LIMITATION OF LIABILITY
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SITE, OR (iv) ANY OTHER MATTER RELATING TO THE SITE.
b. 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 DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Notices to you may be made via either e-mail, regular mail, or by displaying notices or links to notices to you generally on Site.
13. RELATIONSHIP TO OTHER AGREEMENTS
14. CONSENT DISCLOSURE
Before we can accept your personal information and allow you to sign and submit documents electronically, you need to be aware of the following information and must affirmatively agree to the following:
- Your responses to all questions throughout either electronic process will be recorded and made part of your electronically signed documents.
- As part of the use of electronic signatures, you will be required to create a log-in and password for future use, consisting of your unique username and a password specifically chosen by you. You must keep your password confidential as it can be used to electronically sign additional documents.
- You can return to our website at any time (using your login information) to review, save, and print the documents you signed electronically.
15. E-SIGNATURE ACKNOWLEDGMENTS
By signing up for a Company account and using Company’s services, You acknowledge and agree to all of the following:
- You agree that Your electronic signature is the equivalent of a manual signature and that we may rely on it as such in connection with any and all agreements You may enter into using the Services and any documents You electronically sign using the Services;
- You acknowledge and agree that it is Your obligation to immediately advise us of any change in Your electronic address (i.e., email address);
- You acknowledge and agree that it is Your obligation to immediately advise us in the event that You withdraw Your consent to use electronic means for use of Services;
- You acknowledge and agree that in the event that any person known to You (whether it be a family member, member of Your household, or otherwise) misappropriates any of the security devices connected with Your Company login/electronic signature account and such misappropriation could not reasonably be detected by us, we shall have the right to treat all resulting electronic signatures as though they were affixed by You.
16. GENERAL PROVISIONS
h. Company and You are not legal partners or agents; instead, Company’s relationship is that of independent contractors.