Terms of ServiceUPDATED AS OF: APRIL 14, 2014
Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them and our Privacy and Cookie Notice carefully.
- Changes to the Agreement
- Your Use of the Site
- License and Assignment
- Copyrights/Trademarks/Restrictions on Use
- Technology limitations and modifications
- Term and termination
- Disclaimer of Warranties
- Limitation of Liability
- Entire Agreement
- Choice of law, mandatory arbitration, class action waiver, limitation of actions and venue
- Telephone, Email and SMS Disclosures
Welcome to DocuPop.com (“DocuPop,” “we,” “us,” “our”). By using the DocuPop services or the docupop.com website (the “Site,” together, the “Service”), you are entering into a binding contract us. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy and Cookie Notice (together, the “Agreements”). If you don’t agree with these Terms, then please don’t use the Service.
We’re pleased to make our Service available to you. Learn more about the Service here.
In order to use the Service, you need to (a) be 18 or older, and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also warrant that any information that you submit to the DocuPop is true, accurate and complete, and you agree to keep it that way at all times.
Changes to the Agreement
Occasionally we may, in our discretion, make changes to the Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Site. By continuing to use the Site after those changes are made, you are expressing and acknowledging your acceptance of the changes.
YOUR USE OF THE SITE
You will be asked to register at the Site to help us tailor the Service for your personal financial needs and to alert you to other products and services for you. In registering for the Service, you agree to provide accurate, true, current, and complete information about you and/or your business as requested by the registration screens. As a convenience to you, a profile for you may be created based on the information that you provide. This profile and any registration information you provide will be protected as described in our Privacy and Cookie Notice.
Refer a Friend
You may refer your friends to our Site. You warrant and represent that you have the permission to share the e-mail addresses you provide to us. You will indemnify and hold DocuPop harmless for any damages or liability that may arise in connection with your providing us with the email addresses of third parties.
License and Assignment
The Service and the content provided through it are the property of the DocuPop or its licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Service (the “License”). This License shall remain in effect for a period of 20 years unless terminated by you or the DocuPop.
Although we make this website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the website. The materials available through this website are the property of DocuPop or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement, DocuPop and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on this website in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this website and to tell them how to find it.
Copyrights and Trademarks
All DocuPop trademarks, service marks, trade names, logos, domain names, and any other features of the DocuPop brand are the sole property of DocuPop. The License does not grant you any rights to use, copy, display, distribute, modify or reproduce the DocuPop trademarks, service marks, trade names, logos, domain names, or any other features of the DocuPop brand, whether for commercial or non-commercial use. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site without prior written commission.
All of the pages and screens on the Site are owned and controlled by DocuPop, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, images, graphics, source code, and the content on the Site. You are authorized to view the information available on the Site for your informational purposes only. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any commercial or public purpose without DocuPop ‘s prior written consent.
Technology Limitations and Modifications
DocuPop will make reasonable efforts to keep the DocuPop operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. DocuPop reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the DocuPop, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the DocuPop or any function or feature thereof. You understand and agree that DocuPop has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
Term and Termination
These Terms will continue to apply to you until terminated by either you or DocuPop. DocuPop may terminate the Terms or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service or non-compliance with the Terms. If you or the DocuPop terminate the Terms, or if DocuPop suspends your access to the Service, you agree that DocuPop shall have no liability or responsibility to you and DocuPop will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
Disclaimer of Warranties
DocuPop, its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively, the “DocuPop Parties”) endeavors to provide the best service we can, but you understand and agree that THE SERVICE IS PROVIDED “AS IS”AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. THE DOCUPOP PARTIES DO NOT GUARANTEE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT OR INFORMATION PROVIDED VIA THE SERVICE AND THE DOCUPOP PARTIES DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS. DOCUPOP DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. No advice or information whether oral or in writing obtained by you from DocuPop shall create any warranty on behalf of DocuPop in this regard. Some aspects of this section may not apply in some jurisdictions.
THE DOCUPOP PARTIES MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE DOCUPOP PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION.
Limitation of Liability
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Service is to stop using the Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DOCUPOP PARTIES BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER THE DOCUPOP HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, MORE THAN THE AMOUNTS PAID BY YOU TO DOCUPOP DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in these Agreements removes or limits DocuPop Parties’ liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
These Agreements constitute all the terms and conditions agreed upon between you and the DocuPop and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to DocuPop are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by DocuPop that are not contained in the Agreements.
Please note, however, that other aspects of your use of the Service may be governed by additional agreements. You will agree to separate terms and conditions in those circumstances, which are listed in full here. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Arbitration of Disputes, Choice of Law, Venue, Class Action Waiver and Limitation of Actions
In the event of any controversy, claim, or dispute between the parties, including but not limited to any disputes arising out of or relating to this Agreement and/or the obligations and services to be performed thereunder, including any claims based on contract, tort or otherwise (“Dispute”), the parties agree to resolve any and all issues on an individual basis solely through final and binding confidential arbitration, conducted before a single arbitrator, administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures, which may be viewed at www.jamsadr.com or by calling JAMS customer service at 800-352-5267.
The parties agree to commence any such arbitration proceedings within one year of any claimed breach of contract or the reasonable discovery of the facts related to the Dispute, and that any proceeding commenced after one year shall be barred and subject to immediate dismissal by the arbitrator. Any disputes between the Parties regarding the arbitrability of this Agreement, including any dispute relating to the interpretation, applicability, enforceability, conscionability or formation of this Agreement and of this arbitration requirement, shall be governed by the Federal Arbitration Act and shall be resolved exclusively and solely by the arbitrator. All other issues in the arbitration shall be governed by the laws of the state of Student’s place of residence. Unless otherwise agreed by the parties, the arbitration hearing shall take place in the county of Student’s place of residence. The arbitrator shall be neutral, independent, and shall comply with the JAMS Arbitrator Ethics Guidelines.
The award rendered by the arbitrator shall be final and binding on all parties. Judgment on the award made by the arbitrator may be entered by any competent court with jurisdiction to enforce the award. The parties further agree that either party may bring claims against the other only in his, her or its individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. The parties also agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding.
The parties acknowledge that by proceeding in arbitration they are waiving the right to file a lawsuit against one another in courts, the right to have a trial by jury, and other rights that they would have if they went to court (such as more expansive discovery or appeal rights) may be more limited or may not exist. The parties agree that DocuPop will advance the costs of the arbitration (excluding Student’s attorneys and/or expert witness fees). The prevailing party shall be entitled to recover its reasonable attorney’s fees and costs, as determined by the arbitrator. In addition, in the event that a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party shall be entitled to recover its costs of suit, including all reasonable attorneys’ fees, for having to compel arbitration or defend or enforce the arbitration award. You or DocuPop may seek remedies in small claims court or provisional judicial remedies without arbitrating. You may opt out of this arbitration provision within 30 days of signing this Agreement by sending a signed, written notice to Company at 4719 Viewridge Ave. Ste. 200, San Diego, CA 92123. This section and the arbitration requirement shall survive the termination of this Agreement.
You agree that DocuPop may submit any notices to you via either e-mail or regular mail. The service may also provide notices by displaying notices or links to notices to you generally on the Site, which notice you also agree DocuPop may submit to you via e-mail or regular mail.
Telephone, Email and SMS Disclosures
You consent to and authorize us, any of our affiliates, or our marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. By providing your information you expressly request to receive information via telephone call, email and text/SMS message to any telephone numbers (including cellular or wireless numbers) you provide to us now or in the future. Standard text message rates and cellular data charges apply. You may opt-out of receiving text/SMS messages at any time by replying “stop” to any message that you receive.