Last updated January 2, 2024
This document (referred to as the "Agreement" or "Terms") forms a legally binding contract between you and Lexanalytica LLLP, operating under the name DocsDNA ("we", "us", or "our"), regarding your use of the DocsDNA.com platform (the "Site") and any related products or services (collectively, the "Services") as outlined in any applicable Services Subscription Agreement.
Together with our Privacy Policy available at https://docsdna.com/privacy_policy, any Services Subscription Agreement, and other guidelines posted on the Site, these Terms represent the complete and exclusive understanding between you and DocsDNA, superseding all prior agreements, representations, and understandings concerning the Site and its Services.
By accessing or utilizing any portion of the Site or Services, you consent to comply with these Terms and Conditions. If you do not accept these Terms in their entirety, you should not access or use the Site or any Services.
We hold the right to modify these Terms at any time. Changes will be indicated by updating the revision date above the Terms. It is your responsibility to review the
Terms before using the Site. Continued use of the Site after changes signifies your acceptance of the revised Terms and Conditions.
IMPORTANT: These Terms include a mandatory arbitration clause set forth below. This clause requires individual arbitration for disputes and waives your right to participate in class actions. It also provides details on how to opt out of arbitration.
Lexanalytica LLLP, operating as DocsDNA, reserves the right to alter, modify, update, or discontinue the Site or any of its components at our absolute discretion, without prior notification to users. We bear no liability to you or any third party for any changes, suspensions, or discontinuance of the Site or Services.
The Site may include links to external websites not under our control or management. You acknowledge and agree that we are not responsible for the content, policies, or practices of these third-party sites. We encourage you to review the terms, privacy policies, and any other governing documents of these third-party entities.
To access specific features of the Site, you may need to create an account ("Account") using the format we provide. By creating an Account, you affirm that all information provided during registration is accurate and truthful to the best of your knowledge, that you are at least 18 years old, and that you have the legal capacity to enter into contractual agreements.
You are solely responsible for maintaining the confidentiality and security of your Account and login credentials. The Account is personal to you, and you may not transfer, assign, or otherwise dispose of your interest in your Account without our explicit written consent. DocsDNA is not liable for any losses incurred due to unauthorized Account use, whether known or unknown to you. You are obliged to immediately inform DocsDNA of any unauthorized or suspected unauthorized use of your Account or any other security breach. Failure to maintain the security of your Account may result in losses or damages for which DocsDNA is not responsible.
We may establish specific rules governing the use of your Account ("Account Rules"). By creating an Account, you agree to comply with these Account Rules. Violation of these rules may result in actions taken by us at our sole discretion, including but not limited to restricting, suspending, or terminating your Account. In the event of termination due to breach of Account Rules, we are not liable for any loss or damage that may arise as a consequence.
Lexanalytica LLLP, operating as DocsDNA, reserves the right to alter, modify, update, or discontinue the Site or any of its components at our absolute discretion, without prior notification to users. We bear no liability to you or any third party for any changes, suspension, or discontinuance of the Site or Services.
The Site may include links to external websites not under our control or management. You acknowledge and agree that we are not responsible for the content, policies, or practices of these third-party sites. We encourage you to review the terms, privacy policies, and any other governing documents of these third-party entities.
To access specific features of the Site, you may need to create an account ("Account") using the format we provide. By creating an Account, you affirm that all information provided during registration is accurate and truthful to the best of your knowledge, that you are at least 18 years old, and that you have the legal capacity to enter into contractual agreements.
You are solely responsible for maintaining the confidentiality and security of your Account and login credentials. The Account is personal to you, and you may not transfer, assign, or otherwise dispose of your interest in your Account without our explicit written consent. DocsDNA is not liable for any losses incurred due to unauthorized Account use, whether known or unknown to you. You are obliged to immediately inform DocsDNA of any unauthorized or suspected unauthorized use of your Account or any other security breach. Failure to maintain the security of your Account may result in losses or damages for which DocsDNA is not responsible.
We may establish specific rules governing the use of your Account ("Account Rules"). By creating an Account, you agree to comply with these Account Rules. Violation of these rules may result in actions taken by us at our sole discretion, including but not limited to restricting, suspending, or terminating your Account. In the event of termination due to breach of Account Rules, we are not liable for any loss or damage that may arise as a consequence.
Access to certain features of the Site may necessitate the purchase or payment of fees. By engaging with these features, you agree to remit all fees due to us, as detailed in the relevant Services Subscription Agreement. This includes the payment of any applicable taxes at the prevailing rates for your purchases.
Additionally, you represent and warrant that the payment information provided to us is accurate, current, and complete. In cases where payment is rendered for services or features that are later deemed unsatisfactory or non-compliant with the agreed terms, you may be eligible for a refund. The refund eligibility will be determined based on the specific terms outlined in the Services Subscription Agreement and the nature of the issue encountered. We reserve the right to assess each refund request on a case-by-case basis, adhering to the principles of fairness and contractual obligations.
To ensure an optimal user experience, DocsDNA may establish and periodically update minimum specifications for accessing our Site. It is your responsibility to acquire, maintain, and update any necessary equipment and software that meet these specifications.
At our sole discretion, we may implement variations, modifications, or updates to our Site ("Enhancements") to enhance user experience or comply with legal requirements. While we strive to inform you of any planned disruptions due to Enhancements, we shall not be held liable for any loss or damage resulting from any interruptions to our Site, whether scheduled or unscheduled.
"User Content" refers to any information, data, or content that you upload, post, input, or submit to DocsDNA in connection with the Site or Services. You bear full responsibility for your User Content, including the risks related to its accuracy, completeness, usefulness, and any personal information disclosed within it. You affirm that your User Content complies with our Acceptable Use Policy and accept liability for any harm resulting from any breach of this policy. Our Privacy Policy, located at https://docsdna.com/privacy_policy, governs the handling of personal information you provide.
By submitting User Content, you assert that you possess all necessary rights over this content, including rights required for its provision, posting, uploading, inputting, or submission. By doing so, you also grant DocsDNA and its affiliates the right to utilize your User Content in delivering Services.
All content available through the Site, including text, graphics, audio, video, and data, is collectively referred to as "DocsDNA Content."
You acknowledge that, unless expressly stated otherwise, the Content on the Site, along with the software, features, and functionalities that make up the Site (collectively, the “Materials”), are the exclusive property of DocsDNA and its licensors.
The Content, including information, text, images, graphics, and other materials on the Site, as well as the features and functions available on the Site, are intended for your internal business use. You are permitted to view or download a single copy of the Content strictly for personal, non-commercial purposes. Any downloaded or viewed Content must retain all copyright and other notices, and you must not modify or delete these notices. The Content is protected by copyright, trademark, and other applicable laws and regulations in the United States and other jurisdictions.
You agree not to copy, reproduce, create derivative works from, transmit, or distribute the Content or Materials without our prior written consent.
DocsDNA's Site is expressly not intended for, and does not target, children under the age of 13. Consequently, the Site does not solicit or intentionally collect personal information from individuals below 13 years of age. If you are under 13, you are prohibited from accessing or using the Site.
Should we become aware that personal information from individuals under the age of 13 has been inadvertently collected without requisite parental consent, we will implement measures to promptly remove such information from our records.
DocsDNA maintains the authority to refuse service, terminate accounts, modify or remove content, or cancel orders at its sole discretion, in alignment with legal requirements and the Site’s policies.
You agree to indemnify and hold harmless DocsDNA, along with its officers, employees, agents, successors, and assigns, from any claims, demands, losses, damages, costs, and attorneys’ fees resulting from or related to: (a) your use of the Site or Services; (b) your User Content; (c) your breach of these Terms; or (d) your violation of applicable laws or regulations. DocsDNA reserves the right to take over the exclusive defense and control of any matter for which you are required to indemnify us, at your expense. You are expected to cooperate with our defense of such claims and agree not to settle any matter without DocsDNA's prior written consent. DocsDNA will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You hereby release and forever discharge DocsDNA, including our officers, employees, agents, successors, and assigns, from any past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of every kind (including personal injuries, death, and property damage) that arise out of or relate to the Site or Services.
YOU ACKNOWLEDGE THAT YOU ARE AWARE OF AND UNDERSTAND THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, CONCERNING WAIVER OF SOVEREIGN IMMUNITY IN TORT ACTIONS AND LIMITATIONS ON RECOVERY. BY AGREEING TO THIS CLAUSE, YOU EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THIS STATUTE AND ANY LAW OR LEGAL PRINCIPLE OF SIMILAR EFFECT IN ANY JURISDICTION CONCERNING THE RELEASES AND DISCHARGES GRANTED HEREIN, INCLUDING BUT NOT LIMITED TO THE RELEASE OF UNKNOWN CLAIMS.
The use of the DocsDNA Site and Services is entirely at your own risk and is provided on an "as is" basis. You bear full responsibility for your usage of the DocsDNA platform and any legal consequences that may result from such use. DocsDNA is not liable for any loss, damage, or legal liability that may arise from your use of our platform.
To the maximum extent permitted by applicable law, DocsDNA expressly disclaims all warranties, whether express, implied, statutory, or otherwise, concerning the Site and its content. This includes, but is not limited to, implied warranties of accuracy, merchantability, title, non-infringement, and fitness for a particular purpose. Neither DocsDNA nor its suppliers warrant that the Site, including all content, software, products, services, materials, and information available on or accessed through the Site, will meet your requirements, be uninterrupted, timely, secure, error-free, accurate, reliable, free of viruses or other harmful components, complete, legal, or safe.
Certain state laws may not permit limitations on implied warranties or the exclusion or limitation of certain damages. If these laws are applicable to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
DocsDNA does not provide legal advice. The information available on or through DocsDNA is intended for general informational purposes only and should not be construed as legal advice. We cannot guarantee the accuracy, completeness, or timeliness of any legal materials provided through our Services. You acknowledge and agree that any assistance provided by DocsDNA, including during any implementation or training process, does not establish an attorney-client or other confidential or special relationship between you and DocsDNA and does not constitute the provision of legal advice or other professional advice by us.
TO THE FULLEST EXTENT PERMITTED UNDER FLORIDA LAW, NEITHER DOCSDNA NOR OUR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR SERVICES. THIS APPLIES EVEN IF DOCSDNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USE OF THE SITE AND ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA, RESULTING FROM SUCH USE.
IN ACCORDANCE WITH FLORIDA LAW, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, DOCSDNA'S CUMULATIVE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SITE (INCLUDING ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE THROUGH THE SITE) SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMIT. ADDITIONALLY, YOU AGREE THAT OUR SUPPLIERS WILL BEAR NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM OR RELATED TO THE SITE, INCLUDING ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE THROUGH THE SITE OR SERVICES
These Terms and any disputes arising in connection with the Site, its Content, and any dealings with DocsDNA, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and Content providers shall be governed and interpreted in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
You expressly agree that any legal proceedings arising from or relating to your use of the Site or these Terms will be instituted in the state or federal courts located within the State of Florida. You irrevocably waive any objection to the jurisdiction and venue of such courts, including any claim that such courts represent an inconvenient forum.
Should any provision of these Terms be deemed invalid or unenforceable by a court of competent jurisdiction, such invalidity will not affect the enforceability of the remaining provisions, which will continue in full force and effect. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term.
DocsDNA reserves the right to modify these Terms, including the DocsDNA Privacy Policy, at any time. While we typically aim to provide at least 30 days' advance notice of significant changes, if no such notice is given, any modifications will become effective upon posting to the Site. We encourage regular review of the Terms to ensure awareness of any changes. Your continued use of the Site following any amendments indicates your acceptance of those changes.
You acknowledge having read and understood the terms of the DocsDNA Privacy Policy, available at https://docsdna.com/privacy_policy. You consent to the use and disclosure of your information in accordance with the terms of our Privacy Policy, which may include sharing information with third parties as outlined therein.
The failure or delay by DocsDNA in exercising any right, power, or privilege under these Terms and Conditions shall not operate as a waiver thereof. The enforcement of any particular right is not to be deemed a waiver of any other right hereunder.
Should any provision of these Terms and Conditions be found illegal, invalid, or unenforceable, such provision shall be deemed severed from these Terms. This severance shall not impact the legality, validity, or enforceability of the remaining provisions, which shall continue to be in full effect.
Consent By using the DocsDNA Site and providing your email address, you agree to receive newsletters, marketing or promotional materials, and other information we may send via email. You retain the right to opt out of receiving these communications at any time by following the unsubscribe instructions provided in the emails.
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