Last Updated: April 1, 2023
Introduction
Welcome to TheDocumentWizard. These Terms of Use ("Terms") govern your access to and use of TheDocumentWizard's website, products, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.
Acceptance of Terms
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of a company, organization, or other entity, then "you" means both you and that entity, and you represent and warrant that you are authorized to bind that entity to these Terms and that you agree to these Terms on that entity's behalf.
If you do not agree to these Terms, you may not access or use our Services.
Changes to Terms
We may modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or updating the "Last Updated" date at the beginning of these Terms. By continuing to use our Services after the updated Terms are effective, you agree to be bound by the revised Terms.
Account Registration
To access certain features of our Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately if you become aware of any unauthorized use of your account or any other breach of security.
We reserve the right to disable your account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or violate the rights of TheDocumentWizard or others.
Services
TheDocumentWizard provides a platform for electronic document signing and management. Our Services allow users to upload, create, edit, sign, and share documents electronically.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You are responsible for your use of the Services and for any content that you upload, create, edit, sign, or share through the Services.
Payment Terms
Some of our Services are offered for a fee. If you choose to use our paid Services, you agree to pay the applicable fees as they become due. All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law.
We may change our fees at any time. If we change our fees, we will provide notice of the change on our website or by email to you, at our option, at least 14 days before the change is to take effect. Your continued use of the Services after the fee change becomes effective constitutes your agreement to pay the changed amount.
If you fail to pay the fees for our Services, we may suspend or terminate your access to the Services.
User Content
Our Services allow you to upload, create, edit, sign, and share content, including documents, text, images, and other materials (collectively, "User Content"). You retain all rights in, and are solely responsible for, the User Content you upload, create, edit, sign, or share through our Services.
By uploading, creating, editing, signing, or sharing User Content through our Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods (now known or later developed) for the purpose of providing our Services to you and other users. This license includes the right for us to make your User Content available to other users of the Services, subject to your sharing settings.
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you upload, create, edit, sign, or share. You also represent and warrant that your User Content will not violate any law or infringe the rights of any third party.
Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using the Services for any illegal purpose or in violation of any local, state, national, or international law;
- Violating or encouraging others to violate the rights of third parties, including intellectual property rights;
- Uploading, creating, editing, signing, or sharing User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Interfering with or disrupting the Services or servers or networks connected to the Services;
- Attempting to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services;
- Using any automated system, including "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time;
- Collecting or harvesting any personally identifiable information from the Services;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity;
- Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm TheDocumentWizard or users of the Services or expose them to liability.
Intellectual Property
The Services and their 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 TheDocumentWizard, 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.
These Terms permit you to use the Services 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 Services, 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 Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from the Services;
- 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 Services;
- Access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you wish to make any use of material on the Services other than that set out in this section, please address your request to: legal@thedocumentwizard.com.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THEDOCUMENTWIZARD DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THEDOCUMENTWIZARD DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. THEDOCUMENTWIZARD DOES NOT WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THEDOCUMENTWIZARD, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
UNDER NO CIRCUMSTANCES WILL THEDOCUMENTWIZARD BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEDOCUMENTWIZARD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL THEDOCUMENTWIZARD, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THEDOCUMENTWIZARD IN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THEDOCUMENTWIZARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless TheDocumentWizard, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.
Termination
We may terminate or suspend your access to all or part of the Services, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms, is harmful to other users of the Services, to TheDocumentWizard, or to third parties, or for any other reason.
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services, or you may contact us at support@thedocumentwizard.com to request account deletion.
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.
Governing Law
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.
Dispute Resolution
Any legal action or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, and you and TheDocumentWizard irrevocably submit to the personal jurisdiction of such courts in any such action or proceeding.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.