Website Terms of Use

 

BY ACCESSING THIS WEBSITE OR USING THE MATERIALS PROVIDED BY OR THROUGH THIS WEBSITE, YOU REPRESENT THAT YOU HAVE READ THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THE WEBSITE.

 

DefinitionsWhenever used in this Terms of Use with initial terms capitalized, the following terms shall have the following defined meanings:

1.1       “DocumenTree Internet Application” means that certain combination of World Wide Web server application and a database that has been created by DocumenTree, Inc., that has the capability of producing manifestations of its online document management service.  This definition includes DocumenTree Internet Application as it now exists and as it may be modified and/or supplemented in the future.

1.2       “Guest” means one who registers as a Guest for the purpose of gaining access to private areas of a Subscriber’s website.

1.3       “Sponsor” means an entity that, by agreement with DocumenTree, presents The Service under its name and/or logo.

1.4       “Sponsor Content” means content provided by a Sponsor that has been integrated into The Service.

1.5       “Subscriber” means one who subscribes to The Service.

1.6       “The Service” means the document management capabilities and manifestation provided by this website and The DocumenTree Internet Application that produces it, as they now exist, and as they may be modified and/or supplemented in the future. This definition excludes Sponsor Content.

 

2.          Ownership. The Service is owned by DocumenTree, Inc. (“DocumenTree”).  The Service, although owned by DocumenTree, Inc., may in some instances be co-branded with the name, trademarks, and other content of a Sponsor.  The Sponsor Content is owned by the co-branding sponsor.

 

3.          DocumenTree Intellectual Property. The Service, including but not limited to, text, images, graphics, logos, and icons are the property of DocumenTree.  The Service is protected by U.S. and international copyright and trademark law and treaties. All trademarks, service marks and trade names appearing in the Service, excepting Sponsor Content, are the property of DocumenTree. Except as expressly provided in these Terms of Use, you may not use, copy, download, display, publish, perform, distribute, transmit, modify, make derivative works of, decompile, reverse engineer, disassemble or commercially exploit The Service without DocumenTree’s express written consent.

 

4.          Sponsor Intellectual Property. The Sponsor Content, including but not limited to, text, images, graphics, logos, and icons are the property of the co-branding sponsor. The Sponsor Content is protected by U.S. and international copyright and trademark law and treaties. Sponsor trademarks, service marks and trades names are the property of the co-branding sponsor. Except as expressly provided in these Terms of Use, you may not use, copy, download, display, publish, perform, distribute, transmit, modify, make derivative works of, decompile, reverse engineer, disassemble or commercially exploit Sponsor Content without the sponsor’s express written consent.

 

5.          Guest Account User Information.  DocumenTree agrees to hold confidential Guest Account user information in confidence, and not use it, during the term of this Agreement, and for a period of five years after termination of this Agreement, excepting only as follows:

5.1       DocumenTree shall be entitled to use confidential Guest user information as necessary and reasonable for the implementation and operation of The Service, including, but not limited to use for the purpose of resolving or assisting in the resolution of technical problems.

5.2       When a Guest user registers for The Service, the following personal identification information is collected by DocumenTree from Guest user: Guest user’s first name, Guest user’s last name, Guest user’s e-mail address, and Guest user’s country of origin (collectively referred to as “Registration Data”).  Notwithstanding anything herein to the contrary, if Guest user initially registers through a website sponsored by one of DocumenTree’s Sponsors, DocumenTree shall be entitled to share its Registration Data with the Sponsor of that website.  Each DocumenTree Sponsor has its own Privacy Policy, and Guest user is responsible for becoming familiar with their privacy policy as well as the privacy policy of DocumenTree.  DocumenTree is not responsible for the disclosure or use of Registration Data by the Sponsor.

5.3       DocumenTree shall be entitled to disclose Registration Data in response to subpoenas, court orders or legal process, or if Guest user violates this Agreement or the Terms of Use.

5.4       Within the Service, Subscribers can view the name and email address of other Subscribers and Guest users only for the purpose of assisting them in identification for the purpose of sharing documents with them.

5.5       When registering, Guest users may be asked if they want to opt-in to receive updates, information and a newsletter.  Guest users can choose not to receive these emailings at the time of registration, or may, at a later date opt-out of receiving such information pursuant to the mechanism provided in the Service for that purpose.  Unless Guest user has opted-out, DocumenTree may send emails, information and/or a newsletter to Guest user by email.

5.6       DocumenTree may aggregate data to compare/supplement its records.

 

6.          Restrictions on Use of The Service. DocumenTree reserves the right to refuse access to The Service in its discretion, including, without limitation, if DocumenTree believes that user conduct violates applicable law or is harmful to the interests of DocumenTree and/or its affiliates.

 

7.          Linking. The Service may contain links to Web sites controlled by parties other than DocumenTree.  DocumenTree is not responsible for and does not endorse or accept any responsibility for the contents or your use of these third party websites.

 

8.          Indemnification. You agree to indemnify, defend and hold harmless DocumenTree and its subsidiaries, affiliates, officers, directors, agents and employees, from any claim, made by any third party due to or arising out of your breach of these Terms of Use and the documents it incorporates by reference, and your violation of any law or the rights of a third party. You shall cooperate fully in any defense of such claim. DocumenTree reserves the right to take exclusive control over the defense of any such claim.

 

9.          Warranty Disclaimer.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND THE SPONSOR CONTENT ARE AT YOUR SOLE RISK. THE SERVICE AND THE SPONSOR CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, AND BOTH DOCUMENTREE AND YOU EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

 

10.      Limitation on LiabilityDOCUMENTREE SHALL NOT HAVE ANY LIABILITY FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, AND WHETHER ARISING IN TORT, PRODUCT LIABILITY, CONTRACT OR OTHERWISE, ARISING AS A RESULT OF: (A) THESE TERMS OF USE; (B) YOUR USE OF THE SERVICE, AND THE SPONSOR CONTENT; (C) UNAVAILABILITY OR INACCURACY OF THE SERVICE OR THE SPONSOR CONTENT (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, INABILITY TO USE THIS SITE OR THE DOCUMENTREE CONTENT, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PRECUNIARY LOSS) EVEN IF YOU HAVE NOTIFIED DOCUMENTREE IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.

 

11.      TerminationDocumenTree reserves the right to terminate these Terms of Use at any time, for any reason whatsoever, and to revoke your access to The Service and the Sponsor Content without prior notice to you.

 

12.      Conflict with License and Services AgreementSubscribers to The Service have entered into a License and Services Agreement with DocumenTree that governs and controls the rights and duties of Subscribers with respect to The service. In the event that the terms of such a License and Services Agreement conflict with these Terms of Use, the License and Services Agreement shall prevail.

 

13.      Applicable Law. These Terms of Use shall be governed by and in accordance with the laws of the State of California, without regard to its conflicts of law provisions.

 

14.      GeneralDocumenTree reserves the right to change these Terms of Use, the Service, and the Sponsor Content at any time. DocumenTree will post a notice of any change to the Terms of Use on this page. Your continued use of The Service after any such change is made constitutes acceptance of and agreement to be bound by these Terms of Use as modified. If any provision of these Terms of Use is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use constitute the entire agreement between you and DocumenTree and supercede all prior and contemporaneous proposals and other communications made between the parties, written or oral, excepting only as provided in paragraph 12 above with respect to Subscribers.

 

15.      Additional Terms.  The DocumenTree Privacy Policy, as modified from time to time, is hereby incorporated herein by reference.

 

16.      Questions.  Questions regarding these Terms of Use should be directed to DocumenTree Customer Service by sending an email to service@DocumenTree.com.