This Terms of Use is a material part of any agreement with Risk Toolbox, Inc. dba Docutrax ("We, Our, Us") for provision of Our online Docutrax platform, located at docutrax.com or Your professional services, including technical support (collectively, "the Services"), to you ("You, Your"). The terms and conditions of this Terms of Use shall apply to and be enforceable against any person authorized by Your Agreement(s) with Us to use the Services.
We have created this Terms of Use to govern use of the Services, ensure the integrity of the Services network and to enhance the use of the Services for all users by designating standards for acceptable and unacceptable use. This Terms of Use forms part of any other Agreement(s) between You and Us and is incorporated by reference into Your Services Order(s) and our Master Servicec Agreement, located at Master Service Agreement. Should there be any conflict between the Terms of Use and the MSA, the MSA shall govern.
As part of the registration process to become a customer of the Services, You must accept the terms and conditions contained in both the Terms of Use and the MSA. If You do not agree with the terms and conditions of this Terms of Use or the MSA then do not become a user of the Services. You must be 18 years of age to use the Services. You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. By agreeing to the terms and conditions of this Terms of Use and the MSA You will become a user of the Services and are legally bound to comply with all terms and conditions of the Terms of Use and the MSA.
We encourage recipients of email messages sent using the Services to report suspected violations of this Terms of Use to Us by forwarding a copy of the received email with FULL headers to [email protected]. We have a policy to investigate all of these reports and to respond in the way We consider appropriate. If You know of or suspect a violation of this Terms of Use, You will promptly notify us in writing of the known or suspected violation of this Terms of Use.
Subject to the terms and conditions of Your Service Order(s), MSA and Terms of Use, We will make available to You access to and use of the Services. The Services provided to You are intended for reasonable, periodic, non-continuous use by one or more persons using a computing device, consistent with the type of use made by a typical user of the Services. You may not use the Services in a manner that impairs the user experience of other users, or that otherwise impairs network performance.
To preserve the ability of all of users of the Services without interference or harassment from other users, and as a condition of using the Services, We prohibit You from intentionally engaging in any of the following activities:
You may not use Service in a manner that is unlawful; is harmful to or interferes with the operation of the Company network or systems, or the network of any other provider; damages, disables or impairs any Company Service; interferes with the use of Service received by others; infringes, violates or misappropriates intellectual property rights; results in the publication of threatening or offensive material; or constitutes spam or e-mail abuse, a security risk, or a violation of privacy.
You may not use the Services to store, post, transmit, or disseminate material or information that is unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, hateful, obscene, indecent or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability or otherwise violates any local, state, federal or international law, order, rule or regulation.
You may not use the Services to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail," unsolicited bulk e-mail, unsolicited duplicative e-mail or unsolicited commercial e-mail. Any of the Services provided to You by us that transmits or receives email shall not be used for any purpose outside the purpose of the Services.
You may not use the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam, such as "pyramid schemes," "Ponzi schemes" or "chain letters." You may not use techniques to hide or obscure the source of any e-mail or other communication.
You may not use the Services to impersonate any person or entity or to falsely state or otherwise misrepresent Your affiliation with any person or entity or to create a false identity for the purpose of misleading others. Without limiting the foregoing, You may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.
You may not use the Services to upload files or transmit any material that you know or should know, contains viruses, worms, Trojan Horses, time bombs, cancelbots, corrupted files or other code that manifests contaminating or destructive properties. To protect all customers, We monitor Internet ports that are considered to be security risks as determined by us in Our sole discretion.
You may not use the Services to store or collect, or attempt to store or collect, non-public personal information about third-parties in violation of any law, rule or regulation.
Failure to adhere to the following conditions shall be deemed a material violation of this agreement and will result in immediate termination of the Services:
We employ rigid internal controls, routine data backup, redundant hosting services and adhere to best practices security procedures through conformance with industry standards. You are solely responsible for implementing sufficient procedures and checkpoints to satisfy Your particular internal security requirements.
Failure of You to observe the guidelines associated with this Terms of Use may result in Our taking actions that may range from a warning to a suspension or termination of the Services. Upon observation of a violation of this Agreement, We will contact You to notify You in writing of the violation. Our representatives are also available to work with You to explain the parameters of this Agreement and to help You avoid violation of this Agreement.
If You breach this Terms of Use we may immediately suspend Your access to the Services. We may also terminate Your Service Order(s) and MSA Agreement for cause if you breach this Terms of Use. You acknowledge we may disclose information regarding Your use of the Services to satisfy any law, regulation, government request, court order, subpoena or other legal process. If We make this type of required disclosure We will notify you, unless we are required to keep the disclosure confidential.
We reserve the right, however, to act immediately and without notice to restrict, suspend or terminate Service, if it reasonably determines that Your conduct may: 1) expose Us to sanctions, prosecution, civil action or other liability; 2) cause harm to or interfere with the integrity or normal operations of the Services; interfere with another customer's use of the Services; 3) violate any applicable law, rule or regulation, including, but not limited to, copyright or any other intellectual property infringement; 5) failure to pay for the Services; or 4) otherwise present an imminent risk of harm to Us or Our customers.
Except as expressly provided herein, Our rights and remedies are cumulative and not exclusive of any rights or remedies that We may otherwise have at law or in equity. Waiver of any violation of this Agreement by Us shall not act as a waiver of any subsequent violation of this Agreement, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by Us in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
We reserve all rights, including the right to revise, amend or modify the Services policies and procedures, and to make updates and enhancements to the Services at any time by sending You an email notification to the email address associated with Your account or by publishing such notification on the web sites used by the Services. Such amendments or modifications will become effective on the date they are sent to You or published; afterwards, Your continued use of the Services will constitute Your acceptance of any such amendments or modifications. We shall have no liability associated with Your failure to provide and maintain accurate contact information to Us.
The material submitted to the Services by You or Your authorized agent(s) is Your property. All other material available from Services is exclusively Our property and may not be modified, republished, resold, posted or transmitted unless You first obtain Our express written consent. With the exception of a hyperlink from Your web site to the Services login page located at http://docutrax.com/login.php, You may not create any kind of hyperlink from any other web site to the Services unless You first obtain Our express written consent.
You may not reproduce, rent, sell, distribute, copy, mirror republish, download, transmit or create derivative works from any element the Services, in whole or in part, by any means.
"Docutrax" is a federally registered trademark and may not be used without written permission. All rights to its use, and any related artwork, are reserved.
From time to time We may provide access to other web sites from the Services, or You may have reached the Services from another web site. We do not endorse or approve any products or information offered to You at web sites You may reach from the Services or from which You may have reached the Services.
WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR INJURIES THAT ACCOMPANY OR RESULT FROM YOUR USE OF SERVICE, EXCEPT THOSE RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR VIOLATION OF LAW. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ANY: (1) USE OF THE SERVICES; (2) USE OF ANY WEB SITE TO WHICH YOU HYPERLINK TO OR FROM SERVICE; (3) FAILURE OF PERFORMANCE; (4) INTENTIONAL ERRORS OR OMISSIONS; (5) INTERRUPTION OR DEFECT; (6) DELAY IN OPERATION OR TRANSMISSION; (7) COMPUTER VIRUS; OR (8) LINE FAILURE.
WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, UNLESS CAUSED BY HARMFUL INTENTIONAL ACTS OR GROSS NEGLIGENCE, DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY, OR OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY.
SOME STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR THESE INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE SERVICES ARE PROVIDED "AS IS," MEANING THAT WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE SERVICES INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT: (1) THE SERVICES ARE OF ANY PARTICULAR LEVEL OF QUALITY OR IS FIT FOR A PARTICULAR PURPOSE; (2) THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (3) THAT DEFECTS WILL BE CORRECTED; (4) THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES; OR (5) THAT INFORMATION CONTAINED IN THE SERVICES IS ACCURATE AS OF ANY PARTICULAR DATE.