Terms of Service
Datadocs Inc. ("Datadocs") welcomes you to the Datadocs application. This page will provide an overview of our Terms of Service of the Datadocs application (the "Site").
User's Acceptance of Terms of Service
These Terms of Service shall govern your access, visits and use of the Datadocs Site. There may be certain areas of the Datadocs Site where access and/or use is subject to eligibility requirements and/or include specific or supplemental Terms of Service, in addition to those set forth here ("Supplemental Terms of Service"). By accessing the Datadocs Site or by registering for a Datadocs Account, you are subject to the Terms of Service. If you do not agree to all of the Terms of Service, you should not access, visit or participate in the Datadocs Site. If you breach any of the Terms of Service or any Supplemental Terms of Service, your authorization to use the Datadocs Site automatically terminates and you agree to immediately destroy any material you obtained from the Datadocs Site or derived from material you obtained from the Datadocs Site. Datadocs reserves the right to modify, suspend or terminate the Datadocs Site or any area within the Datadocs Site, and/or these Terms of Service from time to time at its sole discretion and without notice. Datadocs will post any modified Terms of Service on the Datadocs Site. Datadocs may also impose limits on certain features and services or restrict your access to parts of the Datadocs Site without notice or liability. You should periodically check the Terms of Service for such changes. Datadocs may, but is not obligated to notify you of such changes. Your continued use of any part of the Datadocs Site after Datadocs posts such changes to the Terms of Service (regardless of whether Datadocs has specifically notified you of such changes) shall indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Service. Datadocs will not be liable to you or any third-party for any claims or actions arising or resulting from your use, visit, or participation in the Datadocs Site and for any modification, suspension, or termination of the Datadocs Site, or termination of your access to your Datadocs Account.
Registration and Eligibility
You must be at least eighteen (18) years old to have a Datadocs Account which allows you to access certain areas of the Datadocs Site. If you wish to have a Datadocs Account, you must provide current, accurate, and complete information about yourself during the account registration process. By obtaining a Datadocs Account, you expressly agree to be bound by the Terms of Service as entered into by and between Datadocs and you. You are responsible for maintaining the confidentiality of your Datadocs Account password and account, and assume all liabilities and responsibilities for any and all activities that occur under your account. You must maintain and promptly update any account information provided to Datadocs in order to keep such information up to date, accurate and complete. Datadocs reserves the right to refuse access to certain areas of the Datadocs Site to anyone, at any time, without notice, and for any reason. If you have a Datadocs Account, you agree that Datadocs, or third parties acting on Datadocs’s behalf, may send you important information and notices regarding the Datadocs Site by email or or other means based on the information you have provided to Datadocs. These Terms of Service are void where prohibited by law and the right to access the Datadocs Site is revoked in such jurisdictions. You agree that if you become resident in such a jurisdiction, you will immediately cease all use and access of the Datadocs Site. Datadocs does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register a Datadocs Account or use the Datadocs Site. If you are under 13, please do not attempt to register for a Datadocs Account or send any information about yourself to Datadocs, and you are not authorized to use the Datadocs Site.
You are required to abide by the following rules of conduct:
Do not engage in any unlawful conduct in the Datadocs Site. In particular, do not post, publish, or distribute any defamatory, obscene, infringing or other unlawful material or information in the Datadocs Site.
Do not use offensive language. If you have any doubts about whether a particular statement might be considered offensive by other users, do not post it.
Do not post any instructions, software or other materials that would allow participants or third parties to harm other users' computers or to inappropriately access software or websites.
Do not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
You are responsible and liable for all your activities while participating in the Datadocs Site, including anything you contribute.
Do not rely on the Datadocs Site, for the safe and secure storage of any materials. The Datadocs Site is not designed as the primary place to store any of these materials, and Datadocs is not responsible for the alteration, deletion or loss of any stored items. Create back-ups for any materials that you contribute to the Datadocs Site.
Datadocs reserves the right to remove at any time, without notice, any contribution that violates these guidelines. Datadocs also reserves the right at any time, without notice, to ban or suspend access rights of any user who has violated these Terms of Service.
Some participants may post Internet website links to other websites in the Datadocs Site. Datadocs is not responsible for the content on through the websites associated with these links. In addition, Datadocs must remind you that some content and links on the Internet contain adult content that is not suitable for children and may be offensive to some users.
There are opportunities for you as a Datadocs Account holder to actively participate by creating, providing, sharing and uploading information to the Datadocs Site such as comments, ideas or suggestions for new or improved software products, technologies, marketing/advertising campaigns or product names, data, articles, documents, discussion forum threads, blog entries, computer code, such as software sample code, source code, scripts, patches, bug fixes, binaries or executables, or other data, material or information (individually and collectively "Contributions"). All Contributions are subject to the Terms of Service. Datadocs assumes no responsibility or liability over the sharing of Contributions among users.
Third Party Web Sites, Content, Products and Services
The Datadocs Site may contain links to web sites and access to Contributions, content (including opinions, advice, statements and advertisements), products and services from third parties (collectively "Third Party Content"). These links are available through the Datadocs Site merely as a convenience, for informational purposes and the inclusion of such links does not constitute or imply any endorsement or recommendation. You agree that Datadocs is not responsible for the availability of, any such Third Party Content. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You understand that you bear all risks associated with the access to and use of such Third Party Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Datadocs is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Datadocs is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
DATADOCS HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. THE DATADOCS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DATADOCS AND ITS SUPPLIERS EXPRESSLY DISCLAIM 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. DATADOCS AND ITS SUPPLIERS MAKES NO WARRANTY THAT THE DATADOCS SITE WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DATADOCS SITE, WILL BE ACCURATE, COMPLETE OR RELIABLE; OR THE QUALITY OF ANY DATADOCS SITE MEMBERSHIP OR USAGE PURCHASED OR OBTAINED BY YOU THROUGH THE DATADOCS SITE WILL MEET YOUR EXPECTATIONS. DATADOCS AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTRIBUTIONS AND OTHER SERVICES
Limitation of Liability
IN NO EVENT SHALL DATADOCS OR ANY OF ITS SUPPLIERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM (A)YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE DATADOCS SITE; (B) YOUR RELIANCE UPON ANY OF THE DATADOCS SITE CONTENT, (C) DATADOCS'S TERMINATION OR SUSPENSION OF YOUR ACCESS TO ALL OR ANY PART OF THE DATADOCS SITE, (D) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (E) FOR ANY MATTER BEYOND THE CONTROL OF DATADOCS. WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DATADOCS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DATADOCS'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE DATADOCS SITE OR YOUR USE OF CONTRIBUTIONS, AND OTHER ACCOUNT SERVICES, REGARDLESS OR THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OR WARRANTY OR OTHERWISE), WILL NOT EXCEED THE GREATER OF ONE DOLLAR ($1) AND THE AMOUNTS PAID BY YOU TO DATADOCS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY DATADOCS PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRANTY AND THE EXTENT OF THE DATADOCS'S PARTY'S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
If Datadocs and its subsidiaries, affiliates, directors, officers, agents, and employees should incur any liability to a third party arising out of or in any way related to (a) your breach of these Terms of Service (or any Supplemental Terms of Service), (b) your use of the Dataocs Site, or (c) your Contributions or anything you upload or make accessible through the Datadocs Site, you agree to indemnify and hold Datadocs and its subsidiaries, affiliates, directors, officers, agents, and employees free and harmless from any such liability, and from all loss, claims, costs, demands, debts and causes of action in connection therewith, including reasonable attorney's fees and expenses.
You may not access, download, use or export any Datadocs Site Content in violation of any country's export laws or regulations or any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States and/or foreign agency or authority (as relevant), and not to directly or indirectly provide or otherwise make available the services and products of Datadocs in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the Datadocs Site outside the U.S or relevant jurisdiction. You shall not make the services or products of Datadocs nor the underlying information or technology available for download or otherwise provide, either directly or indirectly, (i) into any country subject to relevant trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons, the U.S. Commerce Department's Table of Denial Orders, or the Consolidated List of the EU. By agreeing to these Terms of Service, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement shall be governed by and construed under the laws of the United States and the State of California excluding its conflict of law rules. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. The state and federal courts located in Los Angeles, California will have exclusive jurisdiction to adjudicate any dispute relating to this Agreement. Each party hereby irrevocably consents to the exclusive jurisdiction of such courts.