Terms, Notices and Conditions of Use
Introduction. Thank you for using www.docmagic.com (the "Site"). The Site is controlled and operated by DocMagic, Inc., a California corporation DM ("DM," "we," "us" and "our"). Our mailing address for the Site is: 1800 West 213th Street, Torrance, California 90501.
Accessing the Site and Account Security; Other Governing Documents. We reserve the right to withdraw or amend this Site, and any Materials we provide on the Site in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the Site, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Our services agreement with customers, whether referred to as a master services agreement, software-as-a-service agreement, end user license agreement, or other agreement for the access, use, ordering and/or purchase of DM’s products and services is the sole and exclusive agreement governing the utilization of DM’s products and services (“Services Agreement”), as defined and described in such applicable agreement. Your use of this Site constitutes your agreement that the Services Agreement supersedes any written or oral statements or representations made on this Site or elsewhere or by employees or representatives of DM.
5. Trade Names, Trademarks, and Service Marks. Trade names, trademarks, and service marks of DM include, without limitation, "DOC MAGIC®," DOC*MAGIC®, DOCMAGIC®, DOCMAGIC ONLINE™, DOCMAGICXL®, DOCMAGIC E SIGN®, the DOCMAGIC E SIGN logo, CLICKSIGN®, DOCMAIL®, FILLMAGIC™, LOANMAGIC®, CLICKSIGN®, DOCMAIL®, the LoanMagic and Magic Hat design, the magic hat and wand design, FREESIGN®, and SMARTCLOSE®, and SMARTREGISTRY™. All trade names, trademarks and service marks on the Site that are not owned by DM or its affiliates are the property of their respective owners. The trade names, trademarks, and service marks owned by DM or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not either ours or one of our affiliate's product or service, or in any other manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of DM's (or its affiliates') trade names, trademarks, or service marks without our (or the relevant affiliate's) prior express written permission.
8. Rules of Conduct. You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or any Materials. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:
a. Use the Site for any fraudulent or unlawful purpose.
b. Send unsolicited commercial email to the email addresses provided on the Site. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from DM. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited.
c. Impersonate any person or entity, including, but not limited to, any Site employee, agent, or representative; forge any TCP/IP packet header or any part of the header information in any e-mail; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
d. Transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under the law.
e. Interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or users, or about DM, other employees and representatives identified on the Site, without their express consent.
f. Attempt to probe, scan or test the vulnerability of our Site, system or network or to breach security or authentication measures without proper authorization.
g. Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
h. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
i. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
j. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
k. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
l. Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the Site or the Materials.
m. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Materials.
n. Frame or mirror all or any part of the Site without our prior express written authorization.
o. Otherwise Interfere or attempt to interfere with the proper functioning of the Site or DM.
9. Your Account. If you create an account with DM to access either the Site or any of DM's Materials, or both, or for any other reason, you are responsible for (a) maintaining the confidentiality of any and all information necessary to obtain access thereto, including with limitation, your account number or user identification and your password; and (b) restricting access to your computer. You agree that you are responsible for all activities that occur under your account. Access to your account is restricted to persons who certify that they will restrict their uses of the information provided or that they are an appropriate user. By accepting and using the password, you are certifying that you agree to accept and abide by the terms and conditions herein.
11. SITE CONTENT; DISCLAIMER AND LIMITATION OF LIABILITY. DM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIAL OR GRAPHICS ON THIS SITE, INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS AND SUITABILITY FOR ANY PURPOSE OF SUCH INFORMATION. THE WORDS "GUARANTEED," "COMPLIANT," "ERROR FREE" AND ANY VARIANTS THEREOF, EITHER SINGLY OR TOGETHER (SUCH AS, FOR EXAMPLE, THE PHRASE "COMPLIANCE GUARANTEE"), ARE INTENDED TO BE, AND SHALL BE, SUBJECT TO AND CONSTRUED IN ACCORDANCE WITH DM’S SERVICES AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DM EXPRESSLY EXCLUDES ALL WARRANTIES, OBLIGATIONS, REPRESENTATIONS, LIABILITIES, TERMS OR CONDITIONS (WHETHER EXPRESS OR IMPLIED, OR ARISING IN CONTRACT, STATUTE, OR OTHERWISE, AND IRRESPECTIVE OF THE NEGLIGENCE OF DM, ITS EMPLOYEES OR AGENTS) IN CONNECTION WITH THE INFORMATION ON THE SITE (INCLUDING WITHOUT LIMITATION ANY RELATING TO SATISFACTORY QUALITY, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, CONFORMITY WITH DESCRIPTION, CARE AND SKILL OR COMPLIANCE WITH REPRESENTATIONS).
ALTHOUGH DM ENDEAVORS TO ENSURE THAT THE CONTENT OF THE SITE IS ACCURATE AND UP TO DATE (EVEN THOUGH IT IS UNDER NO OBLIGATION TO DO SO), USERS SHOULD SEEK APPROPRIATE LEGAL ADVICE BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION BASED ON INFORMATION PROVIDED VIA THE SITE. THE CONTENTS OF THE SITE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. IN NO EVENT SHALL DM BE LIABLE FOR LOSS OF USE, DATA OR PROFITS OR LOSS OF BUSINESS PROJECTS OR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL LOSSES OF ANY KIND, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE ON INFORMATION ON THE SITE OR ANY OF ITS CONTENTS OR ANY DELAYS IN THE PROVISION OF INFORMATION OR ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF USING THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS.
THE FOREGOING PARAGRAPHS DO NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY.
12. Miscellaneous; Notice. DM does not warrant that the functions contained in this Site or its content will be uninterrupted or error-free, that defects will be corrected, or that the Site or its server are free of viruses or other harmful components. If you are aware of any error on this Site, please email us at firstname.lastname@example.org and we will try to correct it. Please note that the Materials and graphics available on this Site may be incomplete, out of date or incorrect. The Materials and graphics available on this Site may be subject to change without notice.
Please note that communications made through email shall not constitute legal notice to DM or any of its officers, employees, agents or representatives. Legal notice shall be in writing, delivered by hand, by a nationally recognized overnight express or similar service with package tracking capability, or by first class U.S. mail, postage prepaid and registered or certified with return receipt requested. Such notice shall be addressed to 1800 West 213th Street, Torrance, California 90501, ATTENTION: Chief Legal Officer.
14. Jurisdictional Issues. The Site is controlled and operated by DM from its corporate headquarters in Torrance, California, and is not intended to subject DM to the laws or jurisdiction of any state, country, or territory other than that of California and of the United States of America. DM does not represent or warrant that the Site or the Materials, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site or Materials do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion.