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Terms, Notices and Conditions of Use

  1. 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.

  2. Acceptance of Terms of Use. The following terms, notices and conditions (collectively, “Terms of Use”) are entered into by and between You and DM. These Terms of Use apply to your access to and use of this Site, including any content, functionality, software and mobile applications, services offered on or through the Site, and via email (the “Materials”), whether as a guest or a registered user. By using this Site, you acknowledge that you have read, understood and agree to comply with these Terms of Use. If you do not accept these Terms of Use, please do not access or use the Site. Your use of this Site indicates acceptance of these Terms of Use. We may from time to time change and update the Terms of Use that govern your use of our Site in our sole discretion, and we will post such revised Terms of Use on this page. All changes are effective immediately when we post them. Your continued use of our Site following any such change means that you accept and agree to the changes, thus constituting your agreement to follow and be bound by the Terms of Use, as changed. You are expected to check this page regularly so that you are aware of any changes to the Terms of Use as they are binding on you

  3. 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.
    • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

     

    To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy: https://www.docmagic.com/compliance/legal-documents/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    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.

    We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

    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.

    4. Proprietary Rights. You acknowledge and agree that the Site and the Materials are and shall remain the property of DM and/or its licensors, and are protected by copyright, trademark, and/or other proprietary rights and laws. Except as expressly authorized in advance by DM, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the Materials, provided that, subject to your compliance with these Terms of Use, DM does grant to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access the Site and the Materials via the Internet solely for purposes of viewing or utilizing such Materials; and (b) to print out pages of this Site for your personal, non-commercial use.

    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.

    6. Links.  There may be links that make it easier for you to connect to third party sites or that will let you access this Site from third party sites. Linked third party sites are not under the control of DM, and DM is not responsible for the contents of any linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by DM in favor of such site or the products or services contained in any linked site. If you choose to access a third party website linked on this Site, you do so entirely at your own risk. Concerns regarding services or resources or links should be directed to the provider of the outside service or resource. You are permitted to link to our homepage www.docmagic.com (the “Site”) without prior consent, provided you do so in a way that is fair, legal and in compliance with these Terms of Use, and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. DM at all times reserves the irrevocable right to rescind consent for any link to this Site and to take any legal action it deems appropriate.

    7. Transmission and Feedback of Information. Any information you transmit through this Site is subject to DM's Privacy Policy. You agree that DM may use and/or disclose your demographic information and information about your use of the Site in a manner that does not reveal your identity.

    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.

    10. Indemnification. You agree to defend, indemnify, and hold harmless DM and its affiliates and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against all claims, liabilities, demands, judgments, awards, actions, expenses, losses, damages, costs (including but not limited to reasonable legal costs and disbursements) or fees (including reasonable attorneys’ fees) arising from or incurred as a result of (a) your activities in connection with the Site; (b) any violation of this Terms of Use by you; (c) any improper or unauthorized use of the Materials by you; or (d) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

    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 techsupport@docmagic.com 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.

    13. Third Party Rights. Nothing in this Terms of Use is intended to confer on any third party (whether referred to in this Terms of Use by name, class, description or otherwise) any benefit or any right to enforce any provision of this Terms of Use or any agreement entered into in connection with it.

    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.

    15. Governing Law; Jurisdiction and Venue. This Terms of Use is to be construed in accordance with and governed by the laws of the State of California without giving effect to any choice of law rule that would cause the laws of any jurisdiction other than the laws of the State of California to apply to the rights and duties of the parties. Both you and DM submit to the jurisdiction, and waive any right to contest the venue (including forum non conveniens), of courts in California and further agree that any claim or cause of action, whether in contract, tort, warranty, negligence, strict liability, product liability, statutory liability, indemnity or otherwise, arising out of, related to or in connection with this Terms of Use shall be brought in a Federal or State court in Los Angeles County, California. The prevailing party(ies) in any such action or proceeding shall be entitled to attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled and the court shall provide.

    16. Construction. Any rule of law or legal decision that would require interpretation of any ambiguities in this Terms of Use against the party that has drafted it is not applicable and is waived to the fullest extent allowed by law. The provisions of this Terms of Use shall be interpreted in a reasonable manner to effectuate the purpose of the parties and this Terms of Use.

    17. Severance & Waiver. If any provision of this Terms of Use is held to be unenforceable, in whole or in part, the unenforceable portion of such provision shall be struck and the remainder of such provision, the remaining provisions of this Terms of Use, and the applicability of the remaining provisions to other persons or entities shall not be affected. No waiver of any term of this Terms of Use shall be deemed a continuing waiver of such term or any other term.

    18. Termination. This Terms of Use is effective unless and until terminated by either you or DM. You may terminate this Terms of Use at any time. DM may also terminate this Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in DM's sole discretion you fail to comply with any term or provision of this Terms of Use. Upon any termination of this Terms of Use by either you or DM, you must promptly destroy all Materials downloaded from this Site, as well as copies of such Materials, whether made under the terms of this Terms of Use or otherwise.

    19. Entire Agreement; Amendments. This Terms of Use, whether displayed in an electronic format or printed out on paper, sets forth the entire understanding and agreement, and supersedes any prior or contemporaneous understanding or agreement, between you and DM with respect to the subject matter hereof. DM reserves the right to amend or modify this Terms of Use (including, without limitation, by adding new provisions of the same or a different nature as the existing provisions of this Terms of Use, or by deleting provisions of this Terms of Use) in its sole and absolute discretion at any time by posting the amended Terms of Use on DM's website(s), and all amended terms shall automatically be effective immediately after they are initially posted. A printout of this Terms of Use, if and as amended, shall be acceptable as an original document to prove the contents hereof for all purposes relating to this Terms of Use.