Terms of Use
All the terms of this Terms of Use policy must be agreed to. If you cannot agree to these terms, do not use the Docugence.com website. By accessing the Docugence.com website you are hereby acknowledging the acceptance of the Terms of Usage policy.
Use Restrictions
Absent prior written permission from an officer of the Docugence Company, you may not copy, distribute, republish, upload, post, or transmit information contained in this Website (“Information”) in any manner. You are not permitted to use any data mining, robots, or other similar data gathering or extraction methods on this Website.
You are not to copy or imitate any elements of this Website, including, but not limited to, graphics, digital images, logos, sounds, images, icons and buttons, protected by trade dress and other laws. You may not resell, reverse engineer, disassemble, decompile, or otherwise modify any software contained within the Information. Absent prior permission from an officer of the Docugence Company, you may not use framing, metatag or hidden text techniques in association with any Docugence trademark, logo or other copyrighted or proprietary information.
Docugence Company will prosecute all violations of Docugence Company’s proprietary rights and of any other violation of this Agreement to the fullest extent permissible under applicable state, federal and/or international law.
Restricted Rights
Docugence Company grants you only RESTRICTED RIGHTS regarding use of the Information and Website. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph
(c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The contractor is Docugence Company - 184 South Livingston Ave. STE-9-275, Livingston, New Jersey 07039
Transmission
You acknowledge that transmissions by you to or from this Website (“Transmissions”) are non-confidential, and that others may read and/or intercept such Transmissions. Docugence Company has the right, but not the obligation, in its sole discretion to review any Transmissions transmitted using this Website or server, and to edit and delete any Transmissions which violate any terms of the Agreement. You hereby consent to Docugence Company’s collection and use of such Transmissions in accordance with Docugence Company’s then current Privacy Policy, and acknowledge that submitting Transmissions to this Website creates no confidential or fiduciary relationship to Docugence Company. By using this Website, you thereby assign all right, title and interest, including the copyright therein, in all Transmissions to Docugence Company. Accordingly, Docugence Company shall own all intellectual property rights in the Transmissions, and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgement, compensation or liability to you. By submitting such Transmissions to this Website, you irrevocably waive all “moral rights” in such Transmissions.
Indemnification
You agree to defend, indemnify and hold Docugence Company, its officers, and employees and its suppliers, harmless from all claims, liabilities, damages and expenses (Including attorneys’ fees and expenses), arising out of or relating to your use of this Website or evidence received, including, but not limited to, (1) your submission to this Website of any Transmission; (2) your breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity
Limitation of Liability
In no event shall Docugence Company or its suppliers be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use or inability to use this website, or for the loss of profits, or damages they may result from theft, delays, or omissions, interruptions, deletion of files, errors, defect, viruses, failure of performance, destruction or unauthorized access to Docugence records, or for the cost of obtaining substitute goods and services, or resulting from unauthorized access to or alteration of your transmissions, including, but not limited to damages for loss of use, profits, data or other intangibles, whether in an action in contract, tort (including but not limited to negligence), or otherwise, even if Docugence Company has been advised of the possibility of such damages.
Applicable law may not allow the limitations or exclusion of Implied
Warranties or exclusion or limitations in liability for consequential or incidental damages, in such cases, the above limitation of liability may not apply to you to the extent the Docugence Company’s total liability to you for all losses, damages, and cause of action shall not be greater than the totality of payments made by you to Docugence Company in exchange for allowing you to access this website.
Disclaimer
Docugence Company makes no claims or accusations, of criminal or civil guilt, of subjects contained in any video and photographic images, or audio recordings.
Verification of the accuracy of the information is the sole responsibility of the customer.
It is the responsibility of the customer to use evidence obtained from the Docugence Company in a lawful manner. If we discover any illegal use of evidence, supplied by the Docugence Company, the customer will be barred from any future use of the companies services.
You acknowledge that the website and the information herein are provided on “as is” basis and that Docugence Company makes no representations or warranties, either expressed or implied, regarding this website or the information. Docugence Company disclaims all warranties, expressed or implied, including, but limited to, merchantability, fitness for a particular purpose, title, and non-infringement, by using or attempting to use this website, you expressly acknowledge (1) the information could include technical inaccuracies and/or typographical errors; (2) Docugence Company does not represent or warrant the timeliness, reliability, completeness or accuracy of the information; and (3) Docugence Company does not represent or warrant that this website or its server(s) are free from errors or viruses or other potentially damaging content.
Docugence Company may periodically change the information. When this occurs we will send you an email as to the update and post a notice on our website main page.
Links to Third Parties
This Website may include links to other website. Docugence Company has no control over, and makes no representations of any kind regarding the content on such websites or any website linked to such websites, or any changes or modifications made thereto. You hereby acknowledge that by using any such links, you thereby irrevocably waive any and all claims against Docugence Company regarding such websites and must adhere to the usage and privacy policies governing such sites. Any links to other websites from the Docugence site does not imply our sponsorship, or endorsement of any such websites.
Copyright
All copyrightable information (other than this Website Terms of Usage and the Privacy Policy), including the selection and arrangement thereof, are copyrighted. Except as stated herein, you may not copy, reproduce, distribute, republish, download, post or transmit, the information in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without prior written permission from Docugence Company.
Copyright Infringement Notice
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3) (“DMCA”) Docugence Company has assigned an agent to receive notifications of claimed copyright infringement relating to this Website. If you are not familiar with the proper procedure of the Digital Millennium Copyright Act you should consult an attorney. Docugence Company may hold you liable for any damages caused by any misrepresentation contained in the DMCA Notice. If you are not sure about the content in question, you should consult with an attorney. You must submit all such notification relating to this Website in a manner consistent with the DMCA to the following department:
Website Content Provider: Docugence Company
DC Legal Dept.
Designated Agent’s Address - 184 S. Livingston Avenue, Suite-9-275, Livingston, New Jersey 07039
Phone Number: 979-325-6366
Email - Legal@Docugence.com
Trademark
All trademarks used on this Website are the property of their respective owners and may not be used without permission therefrom. Whether specifically designated as such, Docugence Company and all other colors, graphics, logos, sounds, images, icons and buttons displayed in this Website (“Marks”) are trademarks of Docugence Company. Absent prior consent from an officer of Docugence Company, you may not copy imitate or use any portion of the Marks.
Impermissible Activity
You must not use this Website or server to transmit any data which (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state or federal or international law. (3) is vulgar, profane, obscene or offensive. (4) is pornographic, sexually explicit or indecent; (5) contains false or misleading information; (6) inhibits another user from use of tis Website.; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of commercial component or advertising.
Data Collection and Use
Your transmissions are subject to Docugence Company’s Privacy Policy. By using this Website, you agree to review the Privacy Policy, and be bound by its terms and conditions. From time to time, Docugence Company may update the policy of which customers will be notified by email. In addition, we will post notification of this change on our Website main page.
ANYONE UNDER THE AGE OF 18 IS PROHIBITED FROM CONDUCTING BUSINESS WITH DOCUGENCE COMPANY OR USING OUR SITE FOR ANY TRANSACTIONS.
Monitoring the Site
You acknowledge that you are solely responsible for all you activities in relationship to this Website, including the contents of all Transmissions, and the consequences thereof. You agree to indemnify, defend and hold Docugence Company harmless for any liability arising from your use of this Website. While Docugence Company respects your privacy, you hereby acknowledge that this Agreement creates no reasonable expectation of privacy in any Transmissions. Docugence Company may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (spam). You may not use this Website in association with such spam, any computer viruses, or any other potentially damaging computer code. Docugence v will prosecute Violations of this provision to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recover of costs and expenses associated with identifying offenders and preventing their access to this Website, as well as lost profits, damages, court costs and attorney fees associated with repairing any damaged software or hardware. Notwithstanding any provisions of the Privacy Policy, Docugence Company reserves the right to report any Transmissions which it believes violate any law or regulation to appropriate law enforcement official, regulators, or other third parties, and to assist such parties in the investigation.
Governing Law
This is the entire agreement between you and the Docugence Company relating to your use of the Website. The laws of the state of New Jersey, United States of America, shall govern this Agreement and the Privacy Policy, notwithstanding any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Privacy Policy shall be filed only in state or federal court located in Essex County, New Jersey, and you hereby irrevocably, and unconditionally consent and submit to the exclusive future of such action.
Termination
Docugence Company reserves the right to terminate this agreement at any time and reserves the right to block or prevent your future access to this Website.
Severability
If any portion of this Agreement or the Privacy Policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.
Last Updated: March 10, 2015
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