MyPersonalDox Terms of Service Agreement

 

MyPersonalDox.com is a cloud-based document management platform provided by My Personal Dox, LLC, a Texas based Limited Liability Company.  Since our products are cloud based, you can access them through the web and through any number of device types (e.g., desktop, laptop, tablets, and smartphone devices) that you choose. 

 

This document, My Personal Dox’s (“MPD”) Terms of Service (“Terms”), outlines the terms regarding your use of our products.  These Terms are a legally binding contract between you and MPD so please read carefully.  If you do not agree with these Terms, do not register or use any of the Services.

 

By using, accessing or browsing MPD Services, platform and products including applications, mobile, software, websites or other properties owned or operated by MPD or by registering for a MPD account (“Services”) you are agreeing to be bound by these Terms for the Services provided by MPD.

 

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to MPD that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services. 

 

In order to use the Service, you must be legally permitted to accept these Terms. You are required to indicate your acceptance of the terms and conditions contained in this Agreement in order to access and/or use any Service. Your use or continued use of this site, any Services or software, or your registration for any Services or software made available by the Company, constitutes your agreement to be legally bound by this Agreement.

 

This Agreement is applicable to all persons who are provided with, use or access any Service, whether in their individual capacity or as a representative of a business organization. The terms “you” and “your” shall mean and refer to each person, entity and/or organization utilizing, accessing or being provided any Service, software or website of the Company (collectively, “Users”).

 

Privacy

In order to operate and provide the Services, we collect certain information about you. We use and protect that information as described in our Privacy Policy.  You acknowledge your use of the Services is subject to our Privacy Policy and understand that it identifies how MPD collects, stores, and uses certain information.

 

Billing and Service Subscription

All applicable fees, rates, charges and payment and other terms with respect to each Service to which you subscribe, whether recurring, non-recurring, conditional, and/or based on a rate schedule, shall be indicated at or about the time you subscribe for or otherwise agree to such Service. You agree to pay all Service fees and charges when due, together with all applicable state, federal and local taxes, surcharges and other similar charges relating to the Service to which you have subscribed. You agree that the Company may update, change or modify fees, rates, terms, and/or charges applicable to any Service, including, without limitation, any Service provided on a non-paid basis, at any time with or without notice. Unless otherwise provided by the Company, fees and charges for a monthly Service shall be due on the first day of the month in which Service is being provided.

 

Except as otherwise provided by the Company, the term with respect to any Service for which registration is required shall begin upon confirmation that your subscription to such Service has been accepted by the Company and shall continue indefinitely until canceled by you or the Company, or otherwise terminated as provided herein. When supported by your payment method, plans renew automatically by default at the completion of the billing term. By default, the renewal term is for the same duration as the billing term for the original subscription. The subscription fee will be charged automatically to the payment method you last selected. Except as otherwise provided by the Company, cancellations of a Service shall be effective as of the last day of the month immediately following the month in which the cancellation notice is given.

 

You may elect one of the following subscription plans and billing options (please note that there might be only one of these options available depending on the Service purchased):

 

A monthly subscription plan (“Monthly Subscription Plan”). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal order form) unless you cancel your Monthly Subscription Plan at least three (3) business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel.

 

An annual subscription plan (“Annual Subscription Plan”). The subscription period for the Annual Subscription Plan will be for one year and will automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal Order Form) for additional periods equal to one (1) year each year on the anniversary unless you cancel at least three (3) business days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel.  Note that under the Annual Subscription Plan you will not be permitted to cancel, or downgrade MPD Service you have selected until the anniversary date. Be aware that you are committing to a one-year plan; if you are not certain, we recommend choosing the Monthly Subscription Plan.

 

If you select the Monthly Subscription Plan, you can switch to the Annual Subscription Plan at any time.  If you select the Annual Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Annual Subscription Plan.

 

You must notify the Company in writing of any billing or payment discrepancies within sixty (60) days from the applicable due date in order to be eligible to receive an adjustment or credit. Without limiting any of the foregoing, you agree that you will be responsible for all fees, charges, duties, taxes and assessments arising out of Services that you subscribe for and any products you purchase from the Company or through this site.

 

Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend or remove it.

 

Refund Policy. You may cancel your account with a full refund within 30 days of your initial purchase (“Money Back Guarantee”). Refunds are generally processed within seven (7) days, and are made to the original form of payment used for purchase. All refunds are sent in USD and therefore the refund amount could differ from the amount originally paid in local currency or Bitcoin. Any change to the original purchase, such as changing to a different plan, shall constitute a waiver of the Money Back Guarantee option. To request a refund under the Money Back Guarantee, send an email with your request, name and account information to info@mypersonaldox.com.

 

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

 

Promotions. At times, the Company may have discount offers available via promotional codes. The Company may change or remove promotional codes at any time. Discounts may have a finite life. The Company reserves the right to not honor a promotional code if used by unintended recipients. If appropriate, the Company may confirm user with the third party offering the promotional code.

 

Your Account

Certain aspects of the Services may require you to obtain an account by completing a registration form and designating a user ID and password.  When registering with MPD you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current and complete.

 

You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Services.  Only you may use your MPD account and you are responsible for all aspects of your account. You may not share, loan or transfer your ID or password.

 

The Company reserves the right to decline Registration of any person, entity or organization, and to cancel, suspend or terminate any User ID or registered account in its sole discretion. You are solely responsible for activity that occurs in connection with your account and shall be responsible for maintaining the confidentiality of your passwords and other User ID information and managing your representatives and their respective rights and levels of access to your account information and Service.

 

You agree to immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you become aware.

 

Access

All users having access to any Service or Account Data under any Service account must be registered as a user with such Service. The Company reserves the right to decline or reject access to any Service with respect to any person. Without limiting and in addition to any other rights of the Company, the Company reserves the right at any time, in its sole discretion, to temporarily or permanently suspend your access to or use of any or all of the Services, or any module or component thereof, without notice, as it deems necessary or advisable in its sole and absolute discretion to: (i) prevent or mitigate actual or potential damage, harm or interruption to the Company’s services, service platform, data, business, reputation or other tangible or intangible property or assets, or to those of its customers or other parties, whether actual, threatened or perceived; (ii) comply with any applicable law, rule, regulation, court order, or other governmental request or order; (iii) maintain the operation, integrity or security of the Services or the protection of any information; or (iv) prevent or limit the Company from any type of loss or liability of any kind, type or nature. The Company shall not be liable or responsible to you or any other person or entity as a result of any termination or suspension of access to or use of any Service.

 

Account Data

The Company acknowledges that the registered subscriber to a Service shall retain its right to any and all information, records, documents, files and other data (“Account Data”) that such subscriber and its authorized representatives and agents provide to such account. You hereby grant to the Company a non-exclusive, world-wide, sub-licensable, royalty free, fully paid-up, perpetual and irrevocable license to use, modify, and create derivative works relating to or utilized or derived from Account Data in connection with the Company’s performance of any Services, records compliance, other business purposes, and/or the provision, development and enhancement of any Service. You shall have sole responsibility for the accuracy, completeness and all other aspects of all of your Account Data. You acknowledge that the Company shall have no responsibility or liability whatsoever relating to the content, nature, quality or reliability of any Account Data or the use or misuse of any Account Data by you or your agents, representatives or other parties. You must maintain copies of all Account Data input into the Service. The Company cannot guarantee that there will not be any loss of Account Data and expressly excludes liability for any such loss of data irrespective of the cause. With respect to any website, software or Service of the Company, you agree not to enter, upload or transmit any Account Data or other data: (i) that you do not have the lawful right to copy, transmit, distribute, and display (including any information that would violate any confidentiality or fiduciary obligations that you might have); (ii) for which you are not authorized; (iii) that infringes upon or otherwise violates any intellectual property or other proprietary rights of any party; (iv) that is defamatory, obscene, or offensive; (v) that violates, or encourages any conduct that would violate, any applicable law, rule or regulation or would give rise to civil or criminal liability; or (vi) that contains any viruses, Trojan horses, spyware, malware, worms, time bombs, bots, or other disabling devices or other harmful component intended to damage, interfere with, intercept, divert or take any system, data or information.

 

Intellectual Property Rights

Notwithstanding any other provision of this Agreement or any other agreement between the Company and you, the Company shall retain all right, title and interest in and to each and every Service, website and software of the Company, including without limitation, any and all copyrights, trademarks, service marks, trade secrets, inventions, patents, designs and other intellectual property and all rights in connection therewith or relating thereto, whether registered or unregistered, and including any application for registration for any of the foregoing (“Intellectual Property Rights”). You hereby grant the Company a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.

 

Content

We call all the electronic documents that you upload and store on your account “Content”.  All Content uploaded by you into your account is yours. We don't control, verify, or endorse the Content that you or others put on the website.  You are responsible for: (a) all Content in your MPD account(s) and (b) making sure that you have all the rights you need in relation to the Content.  In addition, by storing, using or transmitting Content you confirm that you will not violate any law or these Terms. You agree that when you share your Content, you may be allowing other people to access and use your Content in any way without further restriction or compensation to you.

 

You agree to provide MPD (as well as agents or service providers acting on MPD’s behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, and/or (iv) to respond to an emergency.

 

MPD’s Proprietary Rights

All contents of the Site and Services including, but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement and MPD Confidential Information belong to MPD, and/or its suppliers, affiliates, or licensors. 

 

MPD or its licensors own and reserve all rights, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights we expressly grant to you to use the Services and MPD Confidential Information.  No title to or ownership of any proprietary rights related to the Services or MPD Confidential Information is transferred to you pursuant to these Terms.

 

If you provide comments, suggestions and recommendations to MPD about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to MPD. You hereby grant the Company a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.

 

Prohibited Conduct

The Company’s websites, software and any Service you are provided are for your individual use only and may not be used for any purpose other than lawful purposes that are expressly permitted by this Agreement. Without limiting the generality of the foregoing prohibitions, you expressly agree that you will not, and will not permit or acquiesce in any other person or entity to, with respect to the websites, software or any Service: (i) permit any party to access or use any Service other than persons authorized by you and provided access credentials in accordance with this Agreement; (ii) infringe any intellectual property or other rights of another; (iii) post or provide any content, including without limitation creating or using any User ID, that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene or offensive; (iv) use, copy, modify, adapt, alter or translate any software underlying any Service without proper authorization, or otherwise create or attempt to create derivative works of any part of any Service; (v) sublicense, lease, rent, loan, distribute, or otherwise transfer any Service or website content to any third party; (vi) reverse engineer, decipher, decompile, disassemble, or otherwise derive or attempt to derive the source code or underlying ideas, concepts, algorithms, structure or organization of any software underlying any Service or any part thereof; (vii) use any automatic, electronic or manual process to access, search or harvest information from any Service, software or website (including without limitation robots, spiders or scripts); (viii) bypass any measures used by the Company prevent or restrict access to any Service or accounts, computer systems or networks utilized by any Service; (ix) interfere in any way with the proper functioning of any Service or interfere with or disrupt any servers or networks connected to any Service, or breach any requirements, procedures, policies or regulations of networks utilized by any Service; (x) attempt to gain access to secured portions of any Service, software or websites to which you do not possess access rights; (xi) enter, upload or in any way transmit any form of virus, worm, Trojan horse, or other malicious code; (xii) use any robot, spider, other automatic device, or manual process to extract, screen scrape, monitor, mine, or otherwise copy any pages or information on any Service or the content contained therein for purposes other than expressly permitted in this Agreement; (xiii) use or access any software or Service in order to build a competitive product or service; or (xiv) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity. You shall abide by all applicable local, state, Federal and international laws, rules and regulations in connection with your use of any Service, software or website. The Company reserves the right to cooperate with local, state, and Federal authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. The Company may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those persons conducting such improper or unlawful activities. You agree that a breach or violation of this Section will cause the Company irrevocable damage for which adequate remedy at law will not be available and, accordingly, the Company shall be entitled to obtain immediate temporary and/or permanent injunctive relief in order to or attempt to prevent or mitigate damages or losses from actual, threatened or potential breaches or violations of this Section by you or any other person or entity. Such rights shall not limit in any manner the Company’s rights to seek other and/or additional remedies, at law or in equity.

 

Third Party Links

MPD may make available to you optional third-party applications, services or products, for use in connection with the Services (“Third-Party Products”).  These Third-Party Products are not necessary for the use of the Services and your use of the Third-Party Products (and any exchange of any information, license, payments, etc.) is solely between you and the applicable third-party provider.  MPD makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products. Your use of or reliance on any content is at your own risk.

If you have any questions or concerns regarding the Third-Party Products, then please contact the applicable third-party provider.



Beta Services

The Company sometimes releases products and features that are still being tested and evaluated (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as the Company’s other services. Beta Services are made available so that the Company can collect user feedback, and by using our Beta Services, you agree that the Company may contact you to collect such feedback.

 

Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without the Company’s permission.

 

Termination of Service

You or the Company may at any time terminate any Service pursuant to notice to the other (unless otherwise mutually agreed or specifically set forth with respect to a particular Service), which termination shall be effective as of the last day of the month immediately following the month in which such notice is given. The Company reserves the right, with or without notice, to terminate any Service, or at its sole discretion to temporarily or permanently suspend performance of any Service or to suspend access to any Service, in the event that you shall be delinquent in payment of any sums due or shall otherwise be in breach or default under this Agreement.

 

Updates to the Service

We can make necessary deployments of changes, updates or enhancements to the Services at any time.  We may also add or remove functionalities or features, or we may suspend or stop the Services altogether. The Company reserves the right to remove without liability any content from its websites or Services at any time, for any reason, or for no reason at all.

 

Retention

When you sign up for an account, the Company will retain information you store for as long as your account exists or as long as needed to provide you the Services. If you delete your account, the Company will initiate deletion of this information after 30 days. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary, to comply with our legal obligations, resolve disputes, or enforce our agreements. When you mark files for permanent deletion, you can initiate the purging of your files immediately.

 

Limitation of Liability

IN NO EVENT SHALL THE COMPANY, NOR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, PROFIT OR DATA, OR FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE COMPANY’S WEBSITE, ANY SERVICES, SOFTWARE, PRODUCTS OR TOOLS OFFERED OR PROVIDED BY THE COMPANY, ANY PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT, OR FOR ANY OTHER REASON WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OF EQUITY THEORY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR THE PROVISION OR COSTS OF SUBSTITUTE PRODUCTS OR SERVICES.


IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT OR COMPENSATORY DAMAGES IN EXCESS OF THE FEES PAID BY YOU DURING THE SIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, BUT IN NO EVENT IN EXCESS OF THREE-HUNDRED U.S. DOLLARS (IN THE AGGREGATE). IF AND TO THE EXTENT THAT APPLICABLE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THEN THE EXTENT OF LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE PROVISIONS UNDER THIS HEADING “LIMITATION OF LIABILITY” REFLECTS A FAIR ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY’S RETURN OF FEES TO YOU UP TO THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT OR IN ANY WAY RELATING TO THE SERVICE. YOU AGREE THAT, REGARDLESS OF THE FAILURE OF YOUR SOLE AND EXCLUSIVE REMEDY, THE COMPANY WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER OF ANY KIND OR NATURE. THE PARTIES INTEND THE EXCLUSION OF SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES AS AN INDEPENDENT AGREEMENT APART FROM THE SOLE AND EXCLUSIVE REMEDY HEREIN.

 

No Warranty

There are certain things that we do not promise about the Services. Other than as expressly stated, we do not make any commitments about the specific functionality available through the Services, their reliability, availability, or ability to meet your needs.

 

TO THE EXTENT NOT PROHIBITED BY LAW, MPD AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

 

To the extent that any applicable law does not allow the Company to disclaim or limit any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.

 

Indemnification

You hereby agree to indemnify and hold harmless the Company and its directors, officers, members, managers, employees, agents, affiliates, customers and representatives from and against all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies (including reasonable attorneys’ fees and costs) arising from or in connection with: (i) your use or misuse of, or access to, any Service, software, content or website of the Company; (ii) your breach or violation of this Agreement, including without limitation the breach of any representation, warranty, covenant or obligation thereunder; and/or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses. The indemnification obligations set forth in this Agreement shall survive the termination or expiration of this Agreement.

 

Survival

All provisions of this Agreement which by their nature should reasonably survive the termination shall survive such termination for any reason. Without limiting the foregoing, the provisions of this Agreement under the following headings shall survive termination of this Agreement: Access; Account Data; Intellectual Property Rights; Content; Prohibited Conduct; Limitation of Liability; No Warranty; Indemnification; Survival; Governing Law and Venue; Notices; Proprietary Rights and Trademarks; and General.

 

Force Majeure

The Company shall not be liable, penalized or deemed delinquent for and to the extent of any delay or failure to perform its obligations hereunder resulting from any cause beyond its reasonable control, including without limitation acts of God or nature, war, weather, fire, explosion, epidemic, pandemic, flood, strike, work stoppage, slowdown or other industrial dispute, accident, riot or civil disturbance, act of government, forced, mandated or prevalent business closure or suspension, inability to obtain any license or consent necessary in respect of any third-party software, delay by suppliers or material shortages, design defects, flaws or errors in third-party equipment or software, and dangerous conditions that pose a threat to personnel or others.

 

Notices

Any notices or other communications in connection with you, your account or this Agreement shall be deemed validly given as of the date sent to you if sent by email to any email address set forth in your account or otherwise provided by you to the Company through the Company’s website. It is solely your responsibility to update your account information with the Company.

 



Governing Law and Venue

This Terms of Service shall be governed by the laws of the State of Texas without regard to the conflict of law provisions of any jurisdiction. Exclusive venue with regard to any dispute arising hereunder shall lie in the Federal, state or local courts having jurisdiction and residing in the State of Texas, Tarrant County. A printed version of the Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

If you are a U.S. resident, you also agree to the following mandatory arbitration provisions:

We Both Agree to Arbitrate. You and the Company agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Tarrant county or any other location we agree to.

Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. The Company will pay all arbitration fees for individual arbitration for claims less than $5,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. The Company will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate. Either you or the Company may assert claims, if they qualify, in small claims court in Fort Worth (TX). Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Tarrant County, Texas to resolve your claim.

No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.

 

Personal and Noncommercial Use Limitation

The websites, software and Services of the Company are for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of any website, software or Service of the Company or otherwise access or use of any such website, Software or Service other than for your personal business.

 

Modifications

The Company reserves the right at any time and from time to time to modify or change, effective as of the date and time determined by the Company, any of the Company’s Services, services plans, terms, conditions, pricing, fees, content, websites, or any portion thereof, or to modify this Terms of Service, the Company’s Privacy Policy, or any of our other policies, with or without notice. The Company may at any time with or without notice discontinue, temporarily or permanently, any Service. The Company shall not in any event be liable to you or to any third party for any such modification, suspension or discontinuance. This Agreement may be updated, amended or modified by the Company from time to time and shall be effective as of the date posted on the site. Your sole recourse and remedy in the event of any such change or modification shall be to cancel your use of the Service.

 

General

You are encouraged to review the privacy policy contained on the Company’s website, and this Agreement shall constitute your acceptance of the Company’s privacy policy. The Company and you agree that all services performed hereunder are conducted as independent parties. Nothing contained in this Agreement shall be deemed or interpreted to constitute the relationship between the parties as a legal partnership, agency, joint venture, or any other relationship in which either party is responsible for or shall incur liability to outside parties as a result of the actions or omissions of the other party. You may not assign this Agreement or any rights or obligations hereunder without the express prior written consent of the Company. This Agreement contains the entire agreement between the Company and you and supersedes all agreements, representations, warranties and understandings, whether written or verbal, with respect to the subject matter hereof. The Company’s failure to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. Section titles are for convenience only and have no legal or contractual effect. In the event of any conflict between this Agreement and any other information provided or obtained by you in connection with the Company’s websites, any Service or this Agreement, you acknowledge and agree that this Agreement shall govern and control. Any rights not expressly granted herein are reserved by the Company.

 

Waiver, Severability & Assignment

The Company’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. The Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

 

Contacting Us

You may contact us at info@mypersonaldox.com.