Acceptance of Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you and PaperSignMan, Inc. ("PaperSignMan," "we," "our," or "us") governing your access to and use of the PaperSignMan website, mobile applications, and digital document signing services (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are accessing or using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "your" shall refer to such entity.
Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and updating the "Last Updated" date at the top of these Terms. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
It is your responsibility to review these Terms periodically. If you do not agree to any changes to these Terms, you must stop using the Services.
Access and Registration
To access certain features of the Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update such information as necessary to keep it accurate, current, and complete.
You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
We reserve the right to refuse registration, cancel an account, or deny access to the Services to anyone at any time for any reason.
Account Security
You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
You are solely responsible for all activities that occur under your account. We will not be liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized use of your account.
You agree not to share your account credentials with any third party or allow any third party to access your account. You may not transfer or assign your account to any other person or entity.
Services Description
PaperSignMan provides digital document signing services that allow users to electronically sign, send, and manage documents. The specific features and functionality available to you may depend on the subscription plan you select.
We reserve the right to modify, suspend, or discontinue the Services or any part thereof at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
We strive to ensure that the Services are available 24/7, but we do not guarantee that the Services will be available at all times. The Services may be temporarily unavailable due to maintenance, updates, or technical issues.
Payment Terms
Some features of the Services may require payment of fees. By selecting a paid subscription plan, you agree to pay all fees associated with that plan.
All fees are exclusive of taxes, which you are responsible for paying. Fees are non-refundable except as expressly provided in these Terms or as required by applicable law.
For subscription plans, you authorize us to charge your payment method on a recurring basis for the subscription fees. If your payment method fails or your account is past due, we may suspend or terminate your access to the Services.
We reserve the right to change our fees and billing methods at any time. If we make a material change to our fees, we will provide notice of the change on our website or by email at least 30 days before the change takes effect.
User Content
The Services allow you to upload, store, and share documents and other content ("User Content"). You retain all rights in your User Content, and you are solely responsible for your User Content.
By uploading, storing, or sharing User Content through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content solely for the purpose of providing the Services to you and as otherwise permitted by our Privacy Policy.
You represent and warrant that: (i) you own or have the necessary rights to your User Content; (ii) your User Content does not infringe or violate the rights of any third party; and (iii) your User Content complies with these Terms and all applicable laws and regulations.
We do not claim ownership of your User Content, and we will not use your User Content for any purpose other than providing the Services to you without your consent.
Prohibited Conduct
You agree not to use the Services to:
- Violate any applicable law, regulation, or these Terms
- Infringe or violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights
- Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- Interfere with or disrupt the Services or servers or networks connected to the Services
- Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services
- Use any robot, spider, scraper, or other automated means to access the Services
- Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services
- Circumvent, disable, or otherwise interfere with security-related features of the Services
- Engage in any activity that could disable, overburden, damage, or impair the Services
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including removing the offending content, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities.
Intellectual Property
The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel, are owned by PaperSignMan, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms do not grant you any right, title, or interest in the Services or any content, features, or functionality thereof. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit 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 website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
The PaperSignMan name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PaperSignMan or its affiliates or licensors. You may not use such marks without the prior written permission of PaperSignMan.
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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
PAPERSIGNMAN DOES NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
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 PAPERSIGNMAN, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS 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.
IN NO EVENT WILL PAPERSIGNMAN'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO PAPERSIGNMAN FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (B) $100.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT PAPERSIGNMAN HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless PaperSignMan, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
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 contact us 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 shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association then in effect. The arbitration shall be conducted in San Francisco, California, in the English language by one arbitrator.
The arbitrator shall have the authority to grant any remedy or relief that would be available in court, including injunctive or other equitable relief. The arbitrator's award shall be final and binding on the parties, and may be entered in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
General Provisions
Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and PaperSignMan concerning the Services.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
Notices: Any notices or other communications provided by PaperSignMan under these Terms will be given by posting to the Services or by email to the address you provide to us. Notices provided by posting to the Services will be effective upon posting, and notices provided by email will be effective when sent.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability: If any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction, the provision shall be deemed severable and the remaining provisions of these Terms will remain in full force and effect.
Force Majeure: We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes, or other industrial disturbances, electrical or power outages, utilities or telecommunications failures, earthquakes, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.