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End-User License Agreement
SignNow requires that you accept the following End-User License Agreement before installation can proceed:
You may use information on SignNow products and services purposely made available by SignNow for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for informational purpose (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
By uploading or inputting a document or file, regardless of form or content, inputted into the Site you grant us full access to use it however necessary to perform services listed on the Site. We remove items as possible to ensure your privacy. For example, if SignNow says we remove a file in 30 minutes it is completely removed. Any audio or visual recording of any kind created on or through Site or through a SignNow process is the sole property of SignNow. All SignNow processes, platforms, ideas or concepts that you gain access to as a result of this agreement remain the sole property of SignNow.
Agreement of Use
You agree to use the SignNow's enrollment process and signing process, including but not limited to our methods of identification, authentication, signing, verifying, recording, and all aspects of the services, methods, operations and infrastructure related to signing or use of to the Site.
You agree you are not under the age of 18 unless accompanied by a parent or guardian. SignNow's services are not intended for the use of persons under the age of 18.
FOR ALL SIGNINGS
If you choose to start or complete a signature, witnessing, record, or notarization of any kind you agree to comply with any relevant law, including the state version of the Uniform Electronic Transactions Act and federal ESIGN act. You also agree that you have the right to use traditional paper products for any signature, including from any notary or counterparty using this Site, and agree to conduct the transaction by electronic means using SignNow to securely sign and store the electronic record.
You agree to accept digital certificates, and if not, will stop using the Site immediately. You have been advised and understand that any interaction on this Site or with any representative of SignNow is not legal advice. SignNow or any notary is NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.
You understand that using SignNow for the following applications is strictly prohibited: any application requiring fail-safe performance such as the operation of nuclear power facilities, air traffic control systems, aircraft navigation systems, weapons control systems or any other system whose failure could lead to injury, death or environmental damage.
Electronic or Verbal Signatures and Verification
The SignNow signing process may result in an electronic or verbal signature. You understand and accept that the same legal rights and obligations occur with any resulting electronic or verbal signature through the SignNow system, the Site, or through a SignNow representative as with a physical ink to paper signature or notarization. You agree that you have the option to use traditional physical ink signature, and you choose to forgo that option. You agree to use digital certificates as a possible form of signature. You represent that any party to a document signed using SignNow agrees to the use of electronic signatures completed using SignNow. You are satisfied that the SignNow process completes and binds documents in such a way that any change is detectable and that the signature is verifiable.
SignNow shall have a mechanism for appropriate parties to evaluate and validate a signature signed using the SignNow process. SignNow may identify an individual using satisfactory evidence of identity at its sole discretion. SignNow make no warrant or representation that you or any signer is a member of any organization of any kind, or has any ability to sign for any organization whatsoever.
You agree that sending or receiving of any electronic record or signature or communication pertaining to a document to a notary takes place at the location of the notary handling that document and agree that the notary's location has a reasonable relationship to the transaction.
Operational and Security Requirements
SignNow, in its effort to perform its identity verification, signing and other functions, is able to collect and retain unlimited user input, including all relevant computer data, including but not limited to access logs, IP addresses, audio and visual recordings, uploaded files, user click data, and other user inputted information.
Truth of information
You certify that all information you represent during registration or during the use of the Site or in the use of the SignNow services is true and correct. You understand that we are relying upon the application and this Agreement. You authorize us to verify any information through any source including use of third party identity verification services.
Purchases; Other Terms and Conditions
SignNow's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site or claimed by a representative should be construed to alter such agreements.
SignNow may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and SignNow makes no commitment to update the materials on the Site with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account by inputting an email (as a User ID), password, and/or potentially other information. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify SignNow immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by SignNow or any other user of or visitor to the Site as a result of your failing to keep your account information secure and confidential.
You may not use anyone else's User ID, password or account at any time for any reason. SignNow cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
SignNow shall have the right to publish the identification of You and/or the company You represent as users of the Service and to use any written feedback you have sent SignNow or its representatives. You agree that SignNow may use any logo and/or name associated with You and/or Your company on SignNow's web site and other marketing materials in order to identify You and/or Your company as SignNow's customers.
Links to Other Sites and to the SignNow Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under SignNow's control, and SignNow is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
SIGNNOW DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SIGNNOW CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SIGNNOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIGNNOW DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SIGNNOW SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY USE OF THE SITE SATISFIES THE UNIQUE NEEDS OF ANY DOCUMENT OR FILE FOR USE BY YOURSELF OR ANY THIRD PARTY. SIGNNOW ASSUMES NO LIABILITY WHATSOEVER FOR ANY COMMERCIAL ISSUES THAT ARISE DUE TO THE SIGNNOW PROCESS. SignNow, its employees and agents make no representations, warranties or conditions, express or implied other than as expressly stated in this Account Policy or in any other official document.
YOUR SOLE REMEDY AGAINST SIGNNOW FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
SignNow reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will SignNow be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SignNow has been advised of the possibility of such damages.
Third Party Indemnity
You agree to indemnify and hold SignNow, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against SignNow by any third party due to or arising out of or in connection with your use of the Site.
Release of Information or Termination of Services
SignNow may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SignNow's rights or property, or the rights or property of visitors to or users of the Site, including SignNow's customers. SignNow reserves the right at all times to disclose any information that SignNow deems necessary to comply with any applicable law, regulation, legal process or governmental request. SignNow also may disclose your information when SignNow determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Regarding an authenticated or notarized signature, you acknowledge and agree that SignNow may publish any notarization or authenticated signature in accordance with state law and the spirit of conducting a signing with a third party that can be verified. By your use of a witness or notary, you are agreeing to give up some elements of your privacy. SignNow will make reasonable efforts to protect sensitive data.
You agree that SignNow may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Parties agree that any and all claims, disputes or controversies that we or our servicers or agents have against you or that you have against us, our servicers, agents, directors, officers and employees, that arise out of your use of the Site in any way, including but not limited to registration, use of your account, signing, or notarizing any document to arbitrate all disputes, claims, damages, alleging fraud, or misrepresentation, whether under the common law or pursuant to federal or state statute or regulation, including the matters subject to arbitration, or otherwise, shall be resolved by binding individual (and not class) arbitration by and under the Code of Procedures of the National Arbitration Forum ("NAF") in effect at the time the claim is filed. This agreement to arbitrate all disputes shall apply no matter by whom or against whom the claim is filed.
NOTICE: YOU AND WE WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.
To the extent permitted by law, by signing below you agree that you will not bring, join or participate in any class action as to any claim, dispute or controversy you may have against us or our agents, servicers, directors, officers and employees. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the costs we incur, including our court costs and attorney's fees, in seeking such relief. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring or participate in class action suits is an independent agreement and shall survive the closing of an account or any cancellation of service.
Void Where Prohibited
SignNow administers and operates the Site from various locations in the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. SignNow reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. Use of the Site outside of the United States is strongly discouraged, and if you choose to do so, then it is on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
SignNow provides access to SignNow international data and, therefore, may contain references or cross references to SignNow products, programs and services that are not announced in your country. Such reference does not imply that SignNow in your country intends to announce such products, programs or services.
We may assign or transfer this Agreement or any of our rights hereunder. Your obligations under this Agreement cannot be assigned to a third party without our prior written consent.
The parties will individually take all reasonable measures to ensure that Signers and Relying Parties are aware of their respective rights and obligations with respect to the operation and management of hardware and software used by any Signer or SignNow.
Feedback and Information
Any feedback you provide at this Site shall be deemed to be non-confidential. SignNow shall be free to use such information on an unrestricted basis. Please contact us at firstname.lastname@example.org or email@example.com.
The information contained in this Site is subject to change without notice.
Last Updated: July 14th, 2011
Copyright © 2011 SignNow, Inc. All rights reserved.
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