USER TERMS OF SERVICE
Last Modified: Date
Thank you for using docussist.org and our related apps and services (the “Services”).
If you are an individual using the services (as opposed to a Client), then these User Terms of Service (the “User Terms”) will govern your use of the Services. If you are a Client, then our Client Terms of Service will govern your use of the Services. Those are available at docussist.org/client-terms.
“Client” means the individual or business that signed up for a Subscription through our Services.
“You” means the individual using the Services on behalf of the Client.
“Us” (and similar words such as “we” and “our”) mean docUssist, LLC, a Kansas limited liability company (regardless if they are capitalized).
Use of the Services
You are most likely using the Services because a Client has signed up for a subscription through the Services and obtained a license (for itself and for you) to use the Services for a specified contract term (a “Subscription”). For example, you may be an employee or contractor of the Client, or a client of the Client or one of its employees or contractors.
You may not do anything on the Services directly or indirectly that: (a) is illegal or violates another contract; (b) will harm the Services, including without limitation using bots, scrapers, harvesters, or other automated systems; or (c) constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Services.
Additionally, you may not use the Services if you are under 13 or if we have terminated your right to use of the Services.
If you click on any links that take you away from our Services, then you use those other sites and services at your own risk.
We may serve third-party advertisements on the Services. If you click on or purchase any of the goods or services for those third parties, you do so at your own risk. Our inclusion of those advertisements on the Services is not an endorsement by us of their goods or services.
We may allow you to create a user account (or we may create an account for you) to use the Services under or as a result of the Client’s Subscription. We may also allow the Client to (or we may) establish different types of user accounts which you can create, each with unique permission sets. You are responsible for everything that happens through your account. You must keep your account credentials private and must not allow other people to use your account.
Our Rights & Your Rights
As between you and us, we own the Services and all intellectual property related to the Services. We will not claim ownership of Your Content. Please review our Client Terms for more.
You may be allowed to upload content to the Services (“Your Content”). Subject to the protections in these User Terms and the Client Terms, you grant us a worldwide, non-exclusive, license to access, use, process, copy, distribute, perform, export, and display, Your Content as reasonably necessary (a) to provide, maintain, and update the Services; (b) to prevent or address service, security, support, and technical issues; (c) as required by law or these User Terms; and (d) as permitted by you or the Client in writing. You represent and warrant that you have all rights in and to Your Content from all individuals and businesses required to allow you to grant that license to us.
Please note that Your Content will be visible to the Client and its authorized users, depending on the settings chosen by you and the Client. Further, depending on your relationship with the Client, the Client may have or may obtain ownership rights to Your Content.
We respect intellectual property rights. If you have any concerns regarding the copyright ownership of any content on our Services, please review our Copyright Policy (available at docussist.org/copyright-policy).
Except as expressly provided in these User Terms, the Services are offered on an “as is” and “as available” basis without any warranties of any kind; and we expressly disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement.
Limitation of Liability
In no event will we or any of our Released Parties, have any liability to you or to any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, cover, or punitive damages, however caused, whether in contract, tort, or under any other theory of liability, and whether or not we have been advised of the possibility of such damages. Our maximum aggregate liability to you for any breach of the User Terms by us or any of our Released Parties is $100. Any cause of action or claim which you may have which arises out of or relates to these User Terms must be brought (if at all) within one year after the cause of action or claim accrued, otherwise, such cause of action or claim shall be permanently barred. “Released Parties” means our parents, subsidiaries, affiliates, and licensors, and the owners, members, directors, officers, employees, contractors, and agents, of all of them.
Cancellation by You
You may stop using the Services at any time, for any reason.
Cancellation by the Client
We may terminate your right to use portions of the Services related to a specific Client at any time with immediate effect if requested by the Client in control of those portions of the Services.
Cancellation by Us
We may terminate your right to use the Services with immediate effect if you: (a) breach these User Terms or any other agreement between us and you; or (b) are doing anything that causes a material risk to the Services or the ability of other users to use the Services.
Discontinuation of Services
We may discontinue the Services (and the Client’s Subscription and your use of the Services) (a) upon the occurrence of any unforeseen circumstances beyond our reasonable control; or (b) to comply with a legal requirement. If we discontinue the Services, then we will provide you with reasonable prior notice so that you may export your files from our systems.
All provisions in these User Terms which by their nature should survive cancellation shall survive the cancellation.
If a dispute arises between you and us related to your use of the Services, then the dispute shall be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the Kansas Secretary of State. The arbitration proceedings shall be held in Johnson County, Kansas, USA. If this agreement to arbitrate is found not to apply to a claim, then both you and we agree that any judicial proceedings will be brought in accordance with the governing law and jurisdiction/venue provisions below.
Notwithstanding the agreement to arbitrate above, we may assert a claim seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Services, intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights), or breaches of the confidentiality provisions in the Client Terms, without first engaging in arbitration.
For clarity, the parties to these User Terms are you, an individual user, and us.
These User Terms and all policies and contracts referenced in these User Terms set forth the complete and entire agreement between the parties relating to the subject matter in these User Terms and supersede all other discussions, negotiations, proposals, and agreements, whether oral or written, previously discussed or entered into, by the parties relating to your use of the Services.
The failure or delay by a party to exercise any right or remedy in these User Terms shall not operate as a waiver of the same. The waiver by a party of a breach of any provision in these User Terms shall not operate as a waiver of any subsequent breach. A waiver shall not be effective unless and until it is in written form and signed by the waiving party.
Each provision in these User Terms shall be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision should be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision should be deemed removed from these User Terms, but the remaining provisions shall remain in full force.
These User Terms and the rights and obligations in these User Terms may not be assigned by either party without the other party’s written consent (which shall not be unreasonably withheld). However, we may assign our rights and obligations in these User Terms (or the User Terms in their entirety) without your consent if the assignment is part of an acquisition, merger, or other change of control.
These User Terms shall be governed by and construed in accordance with Kansas (USA) law, excluding its conflict of law principles.
If a dispute arises between the parties related to these User Terms, and if such dispute is for any reason not subject to the arbitration requirements in these User Terms, then the dispute shall be resolved in Johnson County, Kansas or in the U.S. District Court having jurisdiction over that county, and all parties consent to venue and personal jurisdiction there.
WAIVER OF JURY TRIAL
Each party waives all rights it may have to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms.
CLASS ACTIONS ARE PROHIBITED
All claims, including without limitation all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.
Power to Amend These Terms
These User Terms are effective as of the Last Modified date at the top of this page.
We may amend these User Terms at any time, for any reason, with or without notice to you, and your continued use of the Services after the amended User Terms are posted on our Services will constitute your acknowledgment and agreement to the amended User Terms. However, to the extent the amended User Terms materially alter your rights or obligations in these User Terms, the amended User Terms will become effective upon the earlier of (a) your continued use of the Services with actual knowledge of the amended User Terms; or (b) 30 days after the amended User Terms are posted on the Services.
Except as otherwise required, all notices and communications you may send to us shall be sent to us via email at firstname.lastname@example.org.