PreciseFP Terms of Service

Introduction

Welcome to Docupace Technologies, LLC’s Website (the “Website”), including the PreciseFP ™ website and platform, an online data gathering and processing tool (the “Services”) which are available to you (a “Subscriber”) through the Website. Any use of the words “we”, “us”, “our”, “PreciseFP” or “Docupace” shall mean Docupace Technologies, LLC and any references to the words “you”, “user”, or “your” shall mean the Subscriber or Subscriber Firm to the Services. By using this software you agree to abide by the terms and conditions of use for the Services (the “Agreement”). If you agree to the terms and conditions set forth in this Agreement, please click on the “Accept” button located below or, if you do not agree to the terms and conditions of the Agreement, please click on the “Cancel” button to return to the homepage of this Website. We intend this act of agreement and acknowledgment to be the legal equivalent of your signature on a written contract, and legally binding. Only by clicking Accept will you be able to access and use the Services available on the Website. If you have already registered and are reviewing this Online Subscription Agreement at a later time, then you have already accepted these terms by clicking Accept at your initial registration and you continue to be bound by them.

You may change or discontinue your account with us at any time. We reserve the right to modify, suspend or terminate access to the Services at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system and change these terms and conditions from time to time.

Additionally, we may periodically send you communications announcing new offers and/or newsletters containing new developments at PreciseFP, including educational information on how to make better use of our products. You may opt out of receiving these communications at any time.

 

Fees and Payment

Paid Subscriptions: We will charge you a monthly fee for using the Services as well as additional fees depending on the type of service you have selected. You will be given the opportunity to pay by credit card for the Services, which will commence your paid subscription, after any trial period has elapsed. You can cancel your subscription at any time, but you will remain liable for all charges accrued up to that time and to the end of your monthly billing cycle. We do not provide a refund for any unused portion of your subscription. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month advance notice of such change.

Free Trial Subscriptions: We may from time to time offer limited-term free trial subscriptions to the site. Each user is only allowed one free trial to the site, except when specifically waived in writing by PreciseFP. Once your free trial period expires, you agree to either pay the subscription fee or discontinue using the service. You also agree not to attempt to bypass access control features intended to prevent the violation of this policy.

 

Rules of Use

You agree to be bound by certain rules which are important for the proper use of the Services. Your failure to follow these rules, whether set forth below in this Agreement or in bulletins posted at various points on the Website, may result in termination of the Services.

You agree not to give your username and password or any other means for individuals other than yourself to gain access to your account and the Services to any other users. If other users are using your account, we reserve the right to suspend or terminate your account without a refund.

You agree that you will not knowingly solicit or collect personal information from children under 13 years of age without appropriate prior verifiable parental consent in accordance with applicable law.

You agree not to use our Services to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.

Your firm’s account comes with a pre-allocated number of login IDs. It is a violation of these terms and conditions for multiple members of the firm to use the Website and its Services without obtaining a license for each user.

 

Privacy Considerations

For information concerning your privacy and how we use and share data, please refer to our Privacy Policy.

 

Proprietary Rights and Limited License

You acknowledge that Docupace Technologies, LLC is the sole owner of PreciseFP ™ and, except as expressly permitted herein, has the sole right to grant licenses to PreciseFP ™. You acknowledge that Docupace Technologies, LLC constitutes valuable confidential information and trade secrets, proprietary to Docupace. You acknowledge that Docupace Technologies, LLC and PreciseFP™ websites, as well as proprietary rights in and relating to Docupace Technologies, LLC, including without limitation to copyright, patent, and trade secret rights, are and shall remain the sole property of Docupace. You shall have only the limited use rights specifically granted by this Online Subscription Agreement. Any rights not expressly granted in this Agreement are expressly reserved. You shall not, in whole or in part, rent, lease, sublicense, sell, assign, or otherwise transfer PreciseFP Services, any component or portion thereof or any document produced there from. You shall use reasonable efforts to display all PreciseFP copyright, trademark, and other proprietary notices and disclaimers. You shall not alter, remove, or conceal any copyright, trademark, or other proprietary notice or disclaimer. You shall not modify, copy, translate, or otherwise prepare derivative works, reverse engineer, disassemble, decompile, re-create, or generate any of Docupace Technologies, LLC or portion thereof, except to the extent Docupace has authorized you to use Docupace contrary to this section pursuant to a separate written agreement. Except as expressly provided in Section 1 of this Online Subscription Agreement, you shall not use, give permission in connection with the use of, copy, disclose, or make available, directly or indirectly, all or any portion of Docupace Technologies, LLC or related documentation to any person. You agree that you will comply at all times with, and will not take any action which will cause PreciseFP to fail to comply at all times with, all relevant export laws and regulations of the United States and/or any other applicable jurisdiction, to assure that PreciseFP is not exported or re-exported, directly or indirectly, in violation of United States law or the law of any other applicable jurisdiction. You agree that the PreciseFP Services are intended for the sole use of you, the Subscriber. You are responsible for maintaining the security and confidentiality of Subscriber Dashboard passwords. USER SHALL NOT SHARE SUBSCRIBER DASHBOARD PASSWORD WITH ANYONE. If you know or suspect that the Dashboard password or passwords used by clients and prospects to access your forms have been compromised, you should change the password(s) immediately and contact customer support at support@precisefp.com.

 

Limitation of Liability

You agree to bear the risk of any liability relating to your use of the Website or the Services. Accordingly, your use of the website and services is entirely at your sole risk. Under no circumstances shall we or any of our affiliates be responsible to you or any third parties for any direct or indirect, consequential, special or punitive damages or losses you may incur in connection with our website and services, your use thereof or any of the data or other materials transmitted through or residing on our website or services, regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of such damage or loss. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Docupace Technologies LLC’s liability in such jurisdictions shall be limited to the extent permitted by law.

 

Indemnity

You shall defend, indemnify and hold harmless Docupace Technologies, LLC and its other affiliated companies, and their respective officers, directors, members, managers, employees and representatives from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses including reasonable attorneys’ fees and court costs, relating to any acts by you including any violation of this Agreement by you or authorized users of your account or materials or information transmitted by you or authorized users of your account in connection with our Website or Services, leading wholly or partially to claims against us or our Website or Services by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action. In addition, you agree to defend, indemnify and hold harmless PreciseFP and its other affiliated companies, and their respective officers, directors, members, managers, employees and representatives from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses including reasonable attorneys’ fees and court costs, that arise from your use or misuse of this Website. Docupace reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Docupace Technologies, LLC in asserting any available defenses.

 

Disclaimers of Warranty

ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH, THIS WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICES. Accordingly, we do not warrant that any data available on the Website or through the Services will be accurate, available, complete, uninterrupted or error free or that any information, software or other material accessible from us or our affiliates is free of viruses, worms, or other harmful components. We make no warranties as to the legal enforceability of any signatures used in conjunction with the Services, either as part of an electronic signature, or otherwise. In addition, under no circumstances shall we or our affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use, non-use or reliance upon the Services available, or that result from mistakes, omissions, interruptions or deletions of files, errors or defects in the Services available, delays in operation, transmission or failure of performance. If you are dissatisfied with any Services available, your sole and exclusive remedy is to discontinue using such information.

 

Severability and Integration

This Agreement constitutes the entire agreement between you and PreciseFP with respect to the use of the Website. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Choice of Law

You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of California (without giving effect to its choice of law principles), and that any action arising out of this Agreement shall be litigated and enforced under the laws of the State of California. In addition, you agree to submit to the jurisdiction of the courts of the State of California, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State of California.

 

Acknowledgment and Agreement

PreciseFP reserves the right, in its sole discretion, to terminate your access to all or part of this Website and the Services, with or without notice. We may revise the Agreement at any time by presenting you with a new Agreement that you will be required to review and accept. Acceptance of the terms and conditions of our Agreement is binding on you.

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