DokuTracker - Online Document Tracking Made Easy!

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DokuTracker Terms Of Service

This user agreement, the documents set forth above, and any other services terms (collectively, the "Terms," this "Agreement," or the "User Agreement") describe the terms and conditions on which DokuTracker.com ("we" or "Doku Tracker" or "DokuTracker") offers a user ("Customer" or "you" or "your") access to our services and website. If you have a question about this Agreement, please contact us by filling out the form on our contact us page.

1. Acceptance of Terms.

By using this website or any DokuTracker service you agree to the Terms. We may amend the Terms at any time. Amended terms will automatically be effective immediately. Your continued use of our services will signify your acceptance of any amended Terms. If you do not agree to the changes, you may discontinue your registration by filling out the form on our contact us page. The Terms may not be otherwise amended except in a writing signed by both parties. Throughout this Agreement, (i) the phrase "in our discretion" or "in its discretion" means in DokuTracker's sole and arbitrary discretion and (ii) the term "including" means including without limitation. - DokuTracker reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by DokuTracker. Activation of any service shall indicate DokuTracker's acceptance of this Agreement, but does not obligate DokuTracker to provide access to any or all services, such access to be provided at the sole discretion of DokuTracker.

2. Eligibility

Use of our services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, our services are not available to minors. Our services are not available to parties whose use of our services has been suspended or terminated.

By accepting this Agreement, you represent that (a) you are eighteen (18) or older and, if applicable, (b) you are authorized to sign for and bind the corporation, partnership or other legal entity that will be using our services.

3. Website and Services.

3.1. Right to Refuse Services. DokuTracker may refuse our services to anyone at any time, in our discretion. DokuTracker reserves the right to discontinue, temporarily or permanently, any or all of our services to anyone at any time, with or without notice. For paid services, DokuTracker will refund you amounts it has charged you for each whole month of prepaid service for which DokuTracker refused or discontinued services, as such amounts are determined by DokuTracker, only if (i) DokuTracker exercises its right to refuse service or discontinue under this section, and (ii) you have prepaid for the refused or discontinued services. DokuTracker shall not be liable to you or any third-party for any termination of your access to our services except as set forth herein.

3.2. License. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in any information you provide us, in any media now known or not currently known, for the purpose of offering our services.

3.3. Privacy. DokuTracker will only use your information in accordance with our Privacy Policy. The Privacy Policy is part of this Agreement. Please note that when you voluntarily disclose personal information, that information may be collected and used by others.

3.4. Passwords and Security. If DokuTracker has provided you with a password, you will at all times maintain the confidentiality of your user names and passwords. If you are a corporation, partnership or other legal entity, you are responsible for all activity and all charges by such employees. If there is a breach of security through your account, you must immediately change your password and notify us by filling out the form on our contact us page. You will be liable for any unauthorized use of our services until you notify us of the security breach.

3.5. Accurate and Complete Information. You will provide to DokuTracker only true, accurate, current and complete information, including, as applicable, your credit card number and other financial information, and will update that information to keep it true, accurate, current and complete. DokuTracker, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

3.6. General Compliance with Laws. You will comply with all applicable laws, statutes, ordinances and regulations in your use of our services.

4. DokuTracker Content.

4.1. Terms. Content made available by DokuTracker, including software (collectively, "Content") is the copyrighted work of DokuTracker and/or its suppliers. Your use of the Content is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Content ("License Agreement"). You may not install or use any Content that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

4.2. License. For any Content not accompanied by a license agreement, DokuTracker grants you, the user, a personal, nontransferable license to use the Content for viewing and otherwise using the DokuTracker website in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices.

4.3. Intellectual Property. All Content is owned by DokuTracker and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Content is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Content to any other server or location for further reproduction or redistribution is expressly prohibited. The Content is warranted, if at all, only according to the terms of the license agreement - and is subject to the disclaimers of these Terms.

4.4. Export Control Laws. You acknowledge that the Content, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Content, directly or indirectly, to any countries that are subject to USA export restrictions.

4.5. Reverse Engineering. You agree not to reverse engineer, reverse assemble, decompile, or otherwise attempt to (i) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms in Content, including without limitation any such mechanism used to restrict or control the functionality of Content, or (ii) derive the source code or the underlying ideas, algorithms, structure or organization from Content. You agree not to interfere or attempt to interfere with the proper working of Content. You agree to access Content only through the downloadable application or through DokuTracker's web interface.

5. Copyright Policy.

5.1. Infringement. DokuTracker respects copyright law and expects our account holders to do the same. Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders' rights. In our discretion and in appropriate circumstances, DokuTracker may terminate the accounts of users who infringe upon the copyright, or other intellectual property rights, of others.

5.2. Copyright Holders. If you are a copyright holder who believes that DokuTracker's service is hosting infringing copies of your work, please let us know. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), our designated agent for notice of alleged copyright infringement appearing on our site is:

DMCA NOTICE
DokuTracker.com
PO Box 74
Windham, NH 03087

5.3. Notice of Infringement. To file a notice of infringement with us, one needs to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The information that you should provide to us includes the following:

a) an electronic or physical signature of the copyright holder or a person authorized to act on behalf of the copyright holder;

b) a description of the copyrighted work that is claimed to have been infringed;

c) the location on our web site of the material that you claim to be infringing;

d) your address, telephone number, and email address;

e) a statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use); and

f) a statement by you, made under penalty of perjury that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

6. Indemnity and Disclaimer

6.1. Indemnity. You will, at your own expense, indemnify, defend and hold DokuTracker and our subsidiaries, affiliates, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to us; (b) any fraud, manipulation, or other breach of this Agreement by you; (c) any third-party claim, action or allegation brought against DokuTracker arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use, or DokuTracker's provision, of our services or use of your account by any third party. DokuTracker will have the right to participate in its defense and hire counsel of its choice, at your expense. You will not settle any action or claims on DokuTracker's behalf without the prior written consent of DokuTracker.

6.2. Disclaimer and Limitation of Liability.

(a) DokuTracker provides its services "as is" and "as available" and, except as expressly set forth in this Agreement disclaims all other warranties, whether written, oral, express or implied, including without limitation any warranties of title, merchantability, fitness for a particular purpose, and non-infringement. DokuTracker will not be liable due to outages caused by the failure of public network or communications components or errors in any electronic files provided by DokuTracker. DokuTracker makes no representation or warranty that the operation of DokuTracker's site will be uninterrupted or error-free, and DokuTracker will not be liable for the consequences of any interruptions or errors. No advice or information from DokuTracker, whether oral or written, shall create any warranty not expressly stated in the Terms of Use.

(b) Limitation of Liability.

Neither DokuTracker nor its suppliers will be liable for (i) any loss of business, employment, profits or goodwill, loss of use or data, interruption of business or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this agreement even if DokuTracker or its supplier is aware of the possibility of such damages, or (ii) any damages that result in any way from your use or inability to use DokuTracker services, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the DokuTracker services. Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the 6 months prior to the action giving rise to liability, or (b) $100. This limitation applies notwithstanding any failure of essential purpose remedy and to the fullest extent permitted by law.

7. General.

7.1. Termination at DokuTracker Discretion. In our discretion, we may immediately issue a warning, temporarily suspend, or terminate your registration, and delete information you have provided us if you breach any provision of this Agreement. This Section does not limit any other remedies that may be available to DokuTracker.

7.2. Affiliates. DokuTracker is not responsible or liable for any services, including shipping or tracking, offered by any partner or affiliate company.

7.3. Third Party Agreements. You will comply with the terms and conditions of all agreements you have with third parties, including providers of marketplaces, as such terms and conditions relate to use of our services including terms and conditions related to types of items that may be sold or restrictions on concurrent sales.

7.4. No Agency. Except for the limited purpose stated in the 'Limited Agency' Section, you and DokuTracker are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

7.5. Notices. Except as explicitly stated otherwise, any notices will be given by emailing us (in the case of DokuTracker) or to the email address you provide to DokuTracker during the registration process (in your case), or such other address as the party will specify. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to DokuTracker during the registration process. In such case, notice will be deemed given 3 days after the date of mailing.

7.6. Arbitration. Any controversy or claim in any way arising out of or relating to this Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in New Hampshire and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or DokuTracker may seek any interim or preliminary relief from a court of competent jurisdiction in New Hampshire necessary to protect the rights or property of you or DokuTracker pending the completion of arbitration.

7.7. Governing Law. New Hampshire law will govern this Agreement, except for the body of law relating to conflicts of law. Subject to the Arbitration Section, venue for any legal action will be the state courts of Rockingham County, New Hampshire, or the federal courts of New Hampshire. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.

7.8. Waivers. A party's failure to enforce any provision of this Agreement shall not be a waiver of the provision or the right to enforce it at a later time.

7.9. Entire Agreement. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.

7.10. Assignment. This Agreement and your user names and passwords are not assignable, transferable or sublicensable by you without DokuTracker's prior written consent, and any such conveyance will be null and void.

7.11. Attorneys' Fees. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.

7.12. Headings. Should any term or condition be in conflict between this Agreement and any document incorporated by reference into this Agreement, the terms of this Agreement will control. The use of headings is for convenience and will not affect the interpretation of this Agreement.

7.13. Other Terms. Some of our services, for example, legacy systems, may have additional terms of use. Any such terms will be displayed in connection with the applicable services and are incorporated into these Terms by reference.

Last Updated on Monday, 15 February 2010 19:28