Docu Prep, Inc. Terms and Conditions of Use Agreement
March 24, 2017
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE
This Web Site is controlled and operated by Docu Prep, Inc. (“Provider”), a Utah corporation, with a principal place of business at 5353 S 960 E, Suite 120, Salt Lake City, UT 84117. This Web site, including all of its features and content (the “Web Site”) is a service made available by Docu Prep, Inc. (“Provider”) and all content, information, services and software ordered or provided on or through this Web Site (“Content”) may be used solely under this Terms and Conditions of Use Agreement (“Terms of Use”).
By using this Web Site, you acknowledge that you have read, understood and agree to comply with the Terms of Use. Your use of this Web Site also indicates that you have read, understand and accept the privacy practices as outlined in the Privacy Statement. If you do not accept any of these terms, notices and conditions, you may not use this Web Site or Content. Your use of this Web Site and/or Content indicates acceptance of these terms, notices and conditions. We may from time to time change the terms, notices and conditions that govern your use of our Web Site and if we do so we will post such revised terms, notices and conditions on this page. You should therefore check this page regularly. Your use of our Web Site following any such change constitutes your agreement to follow and be bound by the terms, notices and conditions as changed.
As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.
The Content on this Web Site is for your personal or company use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. As a user of this Web Site you agree not to: (a) Not use the Web Site or its Content for any unlawful purpose; (b) Use the Content to determine a consumer’s eligibility for credit or insurance for personal, family, or household purposes, employment or a government license or benefit; (c) Not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content; (d) Not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider’s prior written permission; (e) Not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users; (f) Not falsely Impersonate someone else; (g) Not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above; (h) Not include the Web Site in a frame and/or mirror all or any part of the Web Site without the Provider’s prior express written authorization; (i) Not attempt to harm or Interfere with the proper functioning of the Web Site; (j) Not send unsolicited email to any of the email addresses provided on this Web Site; (k) Not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America.
The Content on this Web Site is published with the understanding that the Web Site and authors of the content are not engaged in rendering legal, accounting, or any other professional service by providing this material. Specifically, this information does not constitute legal advice and no attorney-client relationship is formed. The Content is presented without any representation as to the accuracy, completeness, adequacy or currency of the Content, which is not warranted or guaranteed whatsoever. Particular state laws, regulations, and special contractual provisions can greatly impact rights, responsibilities, and legal obligations. Therefore, only a competent attorney or other applicable professional looking at all the pertinent facts and circumstances of a particular situation can provide definitive guidance. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Your use of this Web Site and/or Content is at your own risk.
Provider does not represent or warrant that this Web Site and/or Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the Content available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.
Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Without limitation, trade names include Docu Prep, Inc. and Docu Prep. Registered trademarks of Provider include the Docu Prep design. All trade names, trademarks and service marks on the Web Site that are not owned by Provider or its affiliates are the property of their respective owners. The trade names, trademarks, and service marks owned by Provider or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not either ours or one of our affiliate’s product or service, or in any other manner that is likely to cause confusion or dilution. Nothing on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of Provider’s (or its affiliates’) trade names, trademarks, or service marks without (or the relevant affiliate’s) prior express written permission.
If you create an account with Provider to access either the Web Site or Content, or both, or for any other reason, you are responsible for maintaining the confidentiality of any and all information necessary to obtain access thereto, including without limitation, your account number or user identification and your password and restricting access to your computer. Access to your account is restricted to persons who certify that they will restrict their uses of the information provided or that they are an appropriate user. By accepting and using the password, you are certifying that you agree to accept and abide by the terms and conditions herein. You agree that you are responsible for all activities that occur under your account and you agree to defend, indemnify, and hold harmless Provider and its affiliates and suppliers against all claims, demands, actions, expenses, losses, damages and costs (including but not limited to reasonable attorney fees and legal costs) arising from or incurred as a result of: (a) Your activities in connection with the Web Site and/or Content; (b) Any violation of the Terms and Use by you; (c) Any improper or unauthorized use of the Content by you; or (d) Any allegation that anything you transmit through or in connection with the Web Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide Provider with accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit anyone other than you to use the sections requiring registration by using your name or password or access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing compliance@docuprep.com.
You may provide links only to the homepage of this Web Site (www.docuprep.com), provided: (a) You do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the copyright notice, or other notices on this Web Site; (b) You give Provider notice of such link by sending an email to compliance@docuprep.com; and (c) You discontinue providing links to this Web Site if requested by Provider. Provider reserves the irrevocable right to rescind consent for any link to this Web Site and to take any legal action it deems appropriate.
This Web Site may contain links to web sites of third parties such as governmental agencies, individuals and companies, as well as to other Web Sites owned and/or operated by Provider. These web site links are provided for convenience only. By placing a link to a web site, Provider is not providing an endorsement of that web site. Provider has no control over the content of third party web sites and makes no representation or warranty regarding the third party web site content or accuracy of information. Any concerns regarding third party services or resources should be directed to the provider of the outside service or resource. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. Your use of Content linked from this Web Site is at your own risk.
Your use of this Web Site is subject to Provider’s Privacy Statement, which applies solely to information collected by our Web Site located at www.docuprep.com. All users must review this Privacy Statement. Please be aware that Provider is not responsible for the privacy practices of any third party web sites. Please also be aware that the privacy policies of other Provider web sites may differ significantly from the Privacy Statement of this Web Site. Therefore, we encourage all users to read the privacy statement of each and every web site that collects personally identifiable information.
If you would like to contact us for any reason regarding our privacy practices, you may do so by: (1) writing us at the following address: Compliance Department, c/o 5353 S 960 E, Suite 120, Salt Lake City, UT 84114; (2) Emailing the Compliance Department at compliance@docuprep.com; or (3) calling the Compliance Department at (888) 362-7737 Option 3.
You shall not distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Provider. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors. The Provider is not providing an endorsement of any advertiser’s web site.
THIS WEB SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE CONTENT.
PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
You agree to indemnify, defend and hold harmless Provider, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all claims, demands, actions, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any: (a) Violation of these Terms of Use by you; (b) Improper or unauthorized use of the this Web Site and/or Content by you; or (c) Allegation that anything you transmit through or in connection with the Web Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability), and 16 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.
Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Web Site and any other Provider Web sites and their features.
The Terms of Use is entered into in the state of Utah and any rights, remedies, or obligations provided for in this Terms of Use, shall be construed and enforced in accordance with the laws of Utah and federal copyright and patent laws, excluding application of conflict of law rules.
The Terms of Use is entered into in the state of Utah. The user acknowledges that by entering into this Terms of Use the user is deemed to be transacting business within the State of Utah, and user consents to the exclusive jurisdiction of the courts of the State of Utah to hear and decide any claim or dispute arising out of or related to the Terms of Use, in accordance with the laws of Utah.
In the event of any dispute or claim between the Provider and the user, arising from or related to the Terms of Use, the prevailing party shall be entitled to recover, including without limitation, damages, fees, and other costs incurred, including but not limited to reasonable attorney fees, arising out of such dispute or claim in addition to any other relief which such party may be entitled to by law.
The Terms of Use shall be construed as if the parties jointly prepared it and any uncertainty or ambiguity in the Terms of Use shall not be interpreted against any one party.
Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Web Site after any such changes constitutes your consent to such changes.
Any portions of the Terms of Use that are not in conformity with federal, state, or local laws are to be deemed amended to conform to such laws. Further, the provisions of the Terms of Use are severable. If any portion, provision, or part of the Terms of Use are held, determined, or adjudicated to be invalid, unenforceable, or void for any reason whatsoever, each such portion, provision, or part shall be severed from the remaining portions, provisions or parts of this Terms of Use and shall not affect the validity or enforceability of any remaining portions, provisions, or parts. Parties agree to substitute a valid, enforceable term in its place that closely approximates the intent and economic effect of the invalid term.
The Terms of Use incorporate by reference any notices contained on this Web Site, the Privacy Statement and the Legal Disclaimer and constitute the entire agreement with respect to access to and use of this Web Site and the Content. Notwithstanding anything to the contrary in these Terms of Use, if you have a separate signed written or electronic agreement with the Provider that applies to your use of any of that Provider’s Content, that agreement constitutes the entire agreement between you and that Provider with respect to the affected Content subject thereto (the “Otherwise Covered Content”), and these Terms of Use shall be treated as having no force or effect with respect to the Otherwise Covered Content.
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE