Terms and Conditions of Access and Use

This Subscription Agreement (the "Agreement") describes the license terms and standards of use of DocLanding.com (the "Service"). This Service, which consists of document management products and services, was designed and created by DOCenter, Inc, dba, DOCCENTER. DOCCENTER is a Nebraska corporation, with its principal offices at 6825 Pine Street #C3, Omaha, NE 68106. Should you have any questions concerning this Agreement, please contact us at support@doclanding.com.

This Agreement is the entire agreement between the User and DOCCENTER with respect to the use of this Service. The terms "User", "You", "Your," and "Customer" shall be synonymous and shall refer to the person or business entity that is utilizing the services provided through the DocLanding Site. This Agreement refers to DOCCENTER as "we", "us", or "our". This agreement refers to DocLanding.com and other services offered by DOCCENTER including software, updates, support, and content. This agreement also covers your use of any additional DOCCENTER services for which you sign up while this agreement is in force, unless other terms accompany those services.

By subscribing to this Service, you agree that you have read, understood, and agree to the Terms and Conditions, and any subsequent amendments, posted on the DocLanding Web site. By checking the "I accept the DocLanding Terms and Conditions" box (or button) on the User Registration page, you acknowledge your acceptance of this Agreement. You further acknowledge that you are legally authorized to enter into this Agreement on your own behalf, or on behalf of the person or entity for which you are establishing an account with DOCCENTER. You represent that all the information that you supply is true and correct.

DOCCENTER reserves the right to amend the terms and conditions of this Agreement at any time. Such amendments shall become effective immediately upon being posted on the Site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement as amended. If you do not agree with such amendments, you should immediately cease using the Service and notify us that you desire to terminate your Use of the Service. If you do not agree with the Terms and Conditions of the Agreement, do not check the "I accept the DocLanding Terms and Conditions" button on the User Registration page. This agreement limits our liability and disclaims warranties for the service to the maximum extent permitted by law. Please read these sections of the Agreement carefully.

License to Use the Service
DOCCENTER hereby grants to you a non-exclusive, non-transferable right to use the Service for the term of this Agreement. You may use the software only as expressly permitted in this agreement. Except for the licenses granted herein, you have no right, title or interest in or to the DocLanding.com service or any content. You agree that DocLanding.com or its licensors retain all proprietary rights, title and interest, including copyright and all other intellectual property rights, in and to DocLanding.com service and content, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, page headers, software, buttons, video and other icons and the arrangement and compilation of this information (Protected Information). This does NOT include information deposited by the user. The Protected Information is subject to these Terms as well as state and federal law. The Protected Information is the valuable, exclusive property of DOCCENTER. Nothing in this Agreement shall be construed as transferring or assigning any ownership rights in the Protected Information to the user or any other person or entity. You may not copy, reproduce, republish, upload, post, transmit, adapt, distribute, commercially exploit, or publicly display the Protected Information or any portion of it in any manner whatsoever without DOCCENTER's prior written consent. You may not resell, redistribute, broadcast or transfer the Protected Information or use the Protected Information in a searchable, machine-readable database or file. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. You agree to use the DOCCENTER Site and Protected Information for lawful purposes only.

Restrictions on Your License
Unauthorized use of the DocLanding.com service or the resale of the service without our prior written consent is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party. You hereby agree not to copy any logo; documentation, design or any other intellectual property you may see on the Website and you will not create any derivative works based on such elements.

Payment of Fees
The fees applicable for DocLanding.com service are available at www.DocLanding.com. DOCCENTER reserves the right to change fees or applicable charges and to institute new charges at any time. The price for the service is subject to change from time to time without notice.

Trial Period. Users have the option of using our service for a 30 day trial period at no charge. If you are participating in this trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, your account will be automatically converted into a paid subscription at the end of the trial period and you authorize us to charge your payment method for the service. Users will receive a notification of billing after the completion of their trial period, on the day their credit card is charged.

Prices and Price Increases. Outside of the free trial period, you will be charged a monthly fee based on the level of service you choose, i.e., Basic or Premium. The level of service you choose includes an allotted amount of digital storage (gigabytes of storage). At the end of the monthly billing cycle, your account will be charged the minimum fee for the service level chosen, or an amount based on the number of gigabytes of stored data; whichever is greater. The fee for storage applies to any storage used during the monthly billing cycle.

The fee for the level of service you choose is before any applicable sales tax. The published price will remain in effect for the time period specified. The price for the service is subject to change from time to time without notice.

Service Conversion. If you are using the Basic level of service, you have the option of upgrading to a higher level of service. If you do, you authorize us to charge your payment method for any new service charges.

Termination
You may terminate your user account upon notice to DOCCENTER at any time. During the 30 day free trial period, you may cancel your account(s) free of charge, at any time up until 30 days after the account was created. (The day of creation constitutes the first day of the 30 day trial.) If you wish to cancel your account after the trial period, you may be entitled to a refund of payment less an early termination fee that is equal to 60 percent of the unused service agreement period fees.

DOCCENTER reserves the right to terminate without notice your password, account or use of DocLanding.com and delete any data within DocLanding.com if you fail to comply with this Agreement or for cause of any other nature. Upon termination by DOCCENTER or at your direction, you may request a file of your data, which DOCCENTER will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. DOCCENTER shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party. All cancellations are processed automatically within the 'Settings' page in your account, under 'Account / Billing'. To cancel, please click the link that says "Click here to cancel your account" and follow the instructions. If you have a question while canceling your account, you must give our email staff adequate time to respond to your message. You must use our form to process your cancellation. Cancellation requests sent via email to either sales@doclanding.com or support@doclanding.com will not be processed.

User Accounts
You will choose a personal, non-transferable password, and you are responsible for maintaining the confidentiality of your password. You are also responsible for all content and information stored, transferred, and received under your username and password. If you suspect a person has accessed your account without authorization, it is your responsibility to change your password and alert DOCCENTER immediately. In addition, you acknowledge that DOCCENTER may communicate with you through email. You are responsible for ensuring that DocLanding.com has your current email address so that DOCCENTER can provide you such communications.

DOCCENTER shall host, maintain and operate DocLanding.com on computer servers with sufficient system capacity to enable reasonable storage capacity for all its subscribers and provide access to the Service on a 24 hour per day x 7 day per week x 365 day per year basis, except for scheduled downtime. DOCCENTER shall notify its subscribers at least 48 hours in advance of scheduled maintenance.

Account Information and Data
DOCCENTER does not own any data, information or material that you store in your DocLanding.com account, and takes no responsibility whatsoever for the contents of your account. DOCCENTER is not and cannot be responsible for the loss or compromise of any data during transmission to or from the DocLanding file cabinet. You should ensure that your personal data is transmitted securely by you or anyone to whom you authorize access to your DocLanding file cabinet.

To use DocLanding.com or other products and services provided by DOCCENTER, you agree to: (a) provide true, accurate, current and complete information (address, telephone number, etc.) to DOCCENTER; and (b) maintain and promptly update your information if there should be any changes. If you provide any information that is untrue, inaccurate, not current or incomplete, or DOCCENTER has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DOCCENTER has the right to suspend or terminate your access to the Site and may further refuse any and all current or future use of the Site. All users hereby certify that they are at least 18 years of age or that they are the legal guardian of a person using the Site. If you are not 18 years or older, you may not proceed to use the DOCCENTER Site unless and until your legal guardian has reviewed and approved these terms and conditions.

We will not disclose any information regarding you or your account, including any data, without your prior permission except in accordance with this Agreement. DOCCENTER may archive, store or otherwise preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights or property of DOCCENTER and its users.

DOCCENTER may access your account, including its data, to respond to service or technical problems or as stated in this Agreement. You, not DOCCENTER, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data stored in your account. Furthermore, DOCCENTER shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.

Privacy and Security
Information about the User and certain other information about you are subject to our Privacy Policy. To utilize services on DocLanding.com, it will be necessary for you to enter certain personal information into our system. This includes your name, mailing address, telephone number, and email address. In order to pay for DOCCENTER's document management products and services on DocLanding.com, you will be required to enter credit card information. It is the policy of DOCCENTER to maintain the confidentiality of all of this personally identifiable information. In no event will this information be disseminated to third parties without your approval.

In many situations, there will be non-personally identifiable information that we will gather from our customers. For example, the type of Internet browser that the customer is using to access DocLanding.com and the URL number of website from which the customer is linked to the system will be maintained in the DocLanding.com database. There are a number of factors involved in our maintaining these records, including virus protection. Again, the information regarding the type of Internet browser or URL that the customer is using will not be disseminated to third parties. If you have a concern about the dissemination of your personal information, please do not hesitate to contact us at support@doclanding.com.

DOCCENTER has implemented policies and procedures, has deployed system and network security measures, and, has rigorous physical security and environmental safeguards in place at its hardened data center to protect, preserve, and maintain the integrity of the data stored on our servers. The transmittal of your Protected Health Information (PHI) from a health care provider to your DocLanding file cabinet shall mean that you have duly authorized such health care provider to so transmit your PHI and DOCCENTER disclaims all liability for such transmission of your PHI. You hereby authorize DOCCENTER to hold your PHI in your DocLanding file cabinet, and, unless you notify DOCCENTER otherwise, such authorization is automatically renewed on an annual basis for purposes of the Health Insurance Portability and Accountability Act (HIPAA) of 1996.

User Conduct
You are solely responsible for the content of all data you store or retrieve from your account and from all public folders. You agree to abide by all applicable local, state, national and international laws and regulations in connection with the DocLanding.com service.

The Services shall not be used for any purpose or in any manner that is, or that aids or results in any purpose or activity that invades or infringes the privacy, publicity, copyright, trade secret, or other rights or expectations of any person; is offensive, inappropriate, harassing, libelous, slanderous, intrusive, surreptitious, or inconsistent with community standards; that may harm minors in any way; that is in breach of any contractual or other obligation; or that may damage DOCCENTER's business, services, reputation, or good will.

In addition, without limitation, you agree not to use DocLanding.com to: (a) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) advertise or promote a commercial product or service that is not available through DOCCENTER's services; (c) store or transmit any file containing: (i) unlawful, defamatory, threatening, pornographic, abusive, libelous, or otherwise objectionable material of any kind or nature; (ii) any material that encourages conduct that could constitute a criminal offense; (iii) any code or material that violates the intellectual property rights or rights to publicity or privacy of others; (d) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, or cancelbots; (e) interfere with or disrupt servers or networks connected to DocLanding.com service or violate the regulations, policies or procedures of such networks; (f) access or attempt access to DocLanding.com service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (g) cause, in DOCCENTER's sole discretion, inordinate burden on DOCCENTER's system resources (i.e. bandwidth).

You agree not to access the Site by any means other than through the interface that is provided by DOCCENTER for use in accessing the Site.

Links to Third Party Sites
DOCCENTER does not endorse any sites on the Internet that are linked through DocLanding.com. DOCCENTER is providing these links to you only as a matter of convenience, and in no event shall DOCCENTER be responsible for any content, products, or other materials on or available from such sites.

Limitation of Liability
You agree not to modify the Protected Information in any manner or form, or to use modified versions of the Protected Information, including without limitation, for the purpose of obtaining unauthorized access to the Site. DOCCENTER provides the Site to the user on an "as is" basis except as otherwise expressly provided herein and takes no responsibility whatsoever for the contents of your account. DOCCENTER expressly disclaims any and all other warranties, express or implied, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, adequacy to produce any particular result, accuracy or reliability of the use of, or the results of the use of, the Site, or whether the Site will meet your requirements or will be suitable for the user's needs. DOCCENTER shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.

DOCCENTER does not warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected or that the server that makes the Site available are free of viruses or other harmful components. DOCCENTER will take steps such as virus protection and hacker protection to protect the Site, but provides no warranty or representation regarding the effectiveness of such steps. You assume all risk of using the Site and all risk of errors and/or omissions. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Site.

DOCCENTER shall not be liable in any event, including but not limited to DOCCENTER's negligence, for any fines or penalties, or for any special, direct, incidental, punitive or consequential damages suffered whether or not directly or indirectly arising from your use of the Site. DOCCENTER shall not be liable in any event, including but not limited to DOCCENTER's negligence, for any special, incidental, punitive or consequential damages arising out of the use of or inability to use the Site. In no event shall DOCCENTER's total liability for all damage, losses, and causes of action (whether in contract, tort, including, but not limited to, negligence and strict liability, or otherwise) exceed the sum paid to use the Site, even if DOCCENTER or its affiliates have been advised of the possibility of such damages. DOCCENTER shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the Site. Furthermore, DOCCENTER shall not be liable for any damages for lost data, use, profits, savings or goodwill that result from use of or inability to use the DOCCENTER Site. This limited liability shall be complete and exclusive.

In the event that DOCCENTER concludes offering data storage services, DocLanding.com users will receive the option to have their stored files sent to them in CD or other format selected by DOCCENTER. DOCCENTER does not guarantee length of service.

DOCCENTER is not responsible for circumstances beyond its control, including without limitation actions of third parties, force majeure, Acts of God, natural disasters, or similar circumstances. Further, DOCCENTER does not provide any warranties respecting its services, and specifically disclaims any warranty of merchantability or suitability for particular purposes.

Indemnification
You agree to indemnify and hold DOCCENTER harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, attorneys' fees and costs) resulting from or in connection with your use of DocLanding.com or breach of this Agreement. In the event that, notwithstanding the foregoing disclaimers and indemnification, DOCCENTER is found responsible to any DocLanding.com user for any reason whatsoever. DOCCENTER's responsibility shall be limited to the amounts actually paid by such user for DOCCENTER's services, and shall not include punitive damages or consequential or resulting damages of any nature.

Governing Law
This Agreement shall be governed by and interpreted in accordance with the Laws of the State of Nebraska.

 

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