Your Representations and Obligations Amendment
You are responsible for reviewing the current version of the Customer Agreement periodically. AssureSign may amend this Agreement by posting a revised Customer Agreement on the AssureSign website. Continued use of the Service will be deemed acceptance of the amended Agreement.
As a user of AssureSign, you agree to comply with the terms and conditions of this Agreement and with all applicable local, state, national and international laws and regulations. In addition, you agree to comply with all internet regulations, policies and procedures, including all export and other laws regarding the transmission of technical data exported from any country through this service.
You agree that you will not use AssureSign technology for any fraudulent or illegal purposes. You agree and understand that you may not distribute content that violates the privacy, intellectual property, copyright protection or other proprietary rights of any third party. You agree that you are responsible for the validity and content of all data and documents you send or process through the AssureSign service.
You agree that you will not use the AssureSign service for purposes of initiating unsolicited email, also known as spam. You understand that use of the AssureSign service that results in complaints indicating that your initiated emails are abusive, unsolicited or done without the prior consent of recipients may result in termination of your ability to use AssureSign services.
AssureSign Rights and Disclaimers Relationship to Documents
Unless AssureSign is named as a direct party, AssureSign’s relationship to all documents and transactions completed using the Service is that of a trusted, disinterested third party. Accordingly, AssureSign disclaims any representations of any kind regarding the documents or transactions that pass through the Service. You are responsible for recognizing the parties of interest in all transactions you complete using the Service and assessing all associated risks.
Limitation of Liability
You understand and agree that AssureSign shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages of any kind, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AssureSign has been advised of the possibility thereof), and including damages resulting from: (i) any document or transaction sent through the service where AssureSign is not a direct party; (ii) the use or inability to use the service, including errors, interruption or delays; (iii) unauthorizes access to or alteration of your documents or transmissions; or (iv) any other matter relating to the AssureSign service. AssureSign’s liability shall not exceed, in the aggregate, a sum equal to the amount paid to AssureSign for the previous three (3) months of fees, if any, paid for using the service under this agreement.
You expressly understand and agree that:
- your use of the service is at your sole risk. AssureSign provides this service on an “as is” and “as available” basis. AssureSign expressly disclaims 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.
- AssureSign does not warrant and expressly disclaims that (i) the service will meet your requirements; (ii) the service will be uninterrupted, reliable, timely, secure, error-free or free of viruses and other harmful componenents, (iii) any errors on the AssureSign web site or service will be corrected; and (iv) that documents or materials that you store via the service will remain accessible.
- any material downloaded or otherwise obtained through the use of the service is done at your sole discretion and risk, and you will be solely responsible for any damage to your compute system or loss of data that results from the download of any such material.
- no advice or information, whether oral or written, obtained by you from AssureSign, or through or from the AssureSign website or service, shall create any warranty not expressly stated in this agreement.
- some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
The Service will occasionally be unavailable during system maintenance and upgrades. AssureSign will make commercially reasonable efforts to ensure that the Service will be available. However, AssureSign disclaims all responsibility for any interruptions or problems with the Service caused by external forces affecting the reliability of the Internet or computer systems.
This Agreement constitutes the entire agreement between you and AssureSign and governs your use of the Service. This Agreement supersedes all prior agreements and understandings between you and AssureSign, whether written or oral.
You agree to hold harmless and indemnify AssureSign and its subsidiaries, affiliates, officers, agents, directors, managers, employees, and successors from any claims, losses, damages, suits, demands, liabilities, judgments, litigation costs and attorneys’ fees arising from or in any way related to your use of the AssureSign service, your breach of any of your obligations under this Agreement, or your violation of any applicable laws or regulations.
Severability and Waiver
If a court of competent jurisdiction declares any term or provision in this Agreement invalid or unenforceable, you and AssureSign nevertheless agree that the court should construe that term or provision consistent with applicable law as nearly as possible to reflect the parties’ original intentions, and that the remaining terms and provisions remain in full force and effect. Failure by AssureSign to exercise or enforce any provision of this Agreement shall not constitute a waiver of any such provision.
Choice of Law
This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and AssureSign agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Seminole, Florida.