Terms and Conditions of Use Notice & Privacy Policy

Last Updated December 19, 2013

Section 1: Parties and Entities

HitDocs! may be referred to herein as “HITDOCS”, “Platform”, “WE” OR “US”, whether in uppercase, lowercase, or a combination.  By viewing or otherwise using this Web site, you agree you are 13 or older and agree to the HITDOCS privacy policy and to the terms and conditions in this Notice and have not been previously suspended or removed from any HITDOCS Platform.  Whether You are accessing or have accessed any of HITDOCS sites, services, offerings, Content, products, or applications, by way of the internet web sites located at the urls www.hitdocs.com, pro.hitdocs.com, enterprise.hitdocs.com or up-doc.com, or by way of a mobile device, smart-phone, tablet, reader, application or app, software, tangible content medium (including a dvd or flash drive), Facebook, Twitter, a video service (such as YouTube or Vimeo) (none of which HITDOCS is affiliated with), or any other device or method now known or developed in the future (individually and collectively, “the,” “any,” or “a” “HITDOCS Platform”) the terms and conditions set forth below in these Terms Of Service govern Your viewing, entering, or using any HITDOCS Platform, and any of the offerings, Content, products, and services of HITDOCS, including Your membership to and use of HITDOCS, HITDOCS Pro, and HITDOCS Enterprise.  These Terms are a legal contract between HITDOCS and You, an individual user of at least 13 years of age, a company, organization, or trust, no matter the legal form of the entity — (“entity”), then You represent and warrant that You are an authorized representative of that entity with the authority to bind such entity to the Terms, and agree to be bound by the Terms on behalf of such entity (“You,” “user,” or, collectively, “users,” whether in uppercase, lowercase, or a combination).

Section 2: Agreement with Terms

If You do not agree to or with any and each and every of the terms in these Terms, exit or close the HITDOCS Platform immediately and do not access or otherwise use any HITDOCS Platform, offerings, Content, products, services, or any information contained on or through any HITDOCS Platform. Your use of any HITDOCS Platform, offerings, Content, products, services, or any information contained on or through any HITDOCS Platform shall be deemed to be Your agreement to abide and be bound by each of the Terms set forth herein. You acknowledge that You have read and understood, and agree to be bound by, the Terms (and conditions).

Section 3: Modification

HITDOCS may make changes to the Terms , Platform, content, or services at any time. The latest Terms will be posted or be available through www.hitdocs.com, and You agree that You should always review them prior to using any HITDOCS Platform, Content, or services.  If any modification is unacceptable to You, You shall cease using the HITDOCS Platform, Content, and services right away. If You do not cease using the HITDOCS Platform, Content, and services, You will be conclusively deemed to have accepted the change(s). Except as stated elsewhere, all amended Terms shall automatically be effective as soon as they are initially posted and/or sent to registered Users, except if HITDOCS states that it is giving advance notice of any amended term to be effective on a date in the future. Please check these Terms and any guidelines periodically for changes. Except as posted by HITDOCS to the www.hitdocs.com site or other aspects of any HITDOCS Platform, this Agreement may not be otherwise amended, and no terms may be waived by HITDOCS, except in a writing, hand signed by pen on paper (or as set forth below) by You and an authorized representative of HITDOCS. For purposes of this provision, a “writing” does not include an email message, text, chat, or the like, sent from any device existing now or later developed and a signature does not include an electronic signature.

Section 4: HITDOCS License Grant

4.1 General

HITDOCS provides or makes available Content and services through the HITDOCS Platform. Certain information, documents, works, products, offerings, and services provided on and through a HITDOCS Platform, including content, logos, graphics, and images (together, the “Materials”) and User Content (as defined below) are provided to You by or by way of HITDOCS (including as an interactive computer service or online service provider) or a HITDOCS Platform and are the copyrighted work or works and/or trademarks of HITDOCS or HITDOCS’s assignees, licensors, or contributors, that is, any person or entity that makes Materials available on or by way of HITDOCS or any HITDOCS Platform, either publicly or privately. (Materials, User Content, and Third Party Content [as defined below], may be referred to individually and collectively as “Content.” Hereinafter the use of the term “Content” shall be deemed to exclude trademarks from its definition.

Other than as specifically set forth in the Terms (or a separate written agreement), HITDOCS does not grant any license or right to use, reproduce, or display any trademark, except You may display the HITDOCS trademark on Your website, unaltered, with permission from an authorized HITDOCS Representative.

As set forth herein, and conditional upon Your agreement to the Terms, HITDOCS grants You a limited, personal, non-exclusive, and non-transferable license to use and to display the Content and to access and use the HITDOCS Platform and the services of the HITDOCS Platform solely for Your own personal or business use.

(**If Your business involves advising any third party about any of the matters in any Content, then You must purchase a separate membership or license for and in connection with the re-use or re-purposing of any Content for or in connection with each third party You advise or supply any such Content to, whether re-purposed or modified or not. Please note all terms in the Terms regarding what may and what may not be done with various Content. You must also notify each such third-party in writing that he, she, or it may not resell, re-license, republish, distribute, or transmit any aspect of any Content.)

Except for the license set forth herein, and except possibly for fair use rights or defenses (see 11 U.S.C. 107 – see, e.g., http://www.copyright.gov/fls/fl102.html), You acknowledge and agree that You have no right to modify, edit, copy, reproduce, create derivative works, alter, enhance, post to another website, or in any way exploit any of the Content in any manner. In connection with User Content and Third Party Content, Your rights may depend upon the terms of the license specified by the User or Third Party who has made the User Content, Third Party Content, or Materials available or the Creative Commons license type selected by the User who has made the User Content or Materials available. In many instances, You will have the right to modify, edit, reproduce, alter, and use HITDOCS Content, User Content, Third Party Content, or Materials for Your personal use or for business use. (Text at **, above, integrated herein in full.) You do not and will not have any right to (a) resell, re-license, republish, distribute, or transmit any aspect of any Content (however, if Your business involves advising any third party about any of the matters in any Content then You must purchase a separate membership or license for and in connection with the allowable re-use or re-purposing of any Content for or in connection with each third party You advise or supply any such Content to, whether re-purposed or modified or not, and if You have purchased such license(s) – unless otherwise prohibited or not allowed by any reservation or Creative Commons license type associated with the Content – You may then utilize such Content in providing advice to each such third party in providing Your services. You may not resell any Content at a profit, though You may charge for Your services. For clarification, You may not take a form document and sell it at a profit having filled in blanks or made minor modifications to fit the needs and purposes of the third party You are advising, though You may possibly utilize such form document in providing professional services to such third party. If the terms of any license have changed by becoming more restrictive, You must comply with the more restrictive terms, including in relation to any Content licensed earlier. Please note all terms in the Terms regarding what may and what may not be done with various Content. You must also notify each such third party in writing that he, she, or it may not resell, re-license, republish, distribute, or transmit any aspect of any Content.); (b) use any aspect of any Content obtained from or through HITDOCS to develop as a component of any information, storage and retrieval system, database, information base, or similar resource (in media or technology now existing or later developed) that is offered for commercial use or distribution of any kind, including through sale, license, lease, rental subscription, or any other commercial distribution mechanism; (c) create compilation or derivative works of any Content from or through HITDOCS in any manner that may infringe on any copyright, intellectual property right, proprietary right, or any property right of HITDOCS or any rights holder; (d) remove, change, or obscure any copyright, trademark, confidentiality notice, or other proprietary notice, or terms of use, contained in, on, or through any Content or HITDOCS Platform; (e) make any aspect of any Content or any HITDOCS Platform available through any timesharing system, service bureau, the internet, or any other technology now existing or later developed. HITDOCS may utilize digital rights management technologies, including those that limit the number of times that You may transfer or print any aspect of any Content.

You may not reverse engineer any aspect of any HITDOCS Platform.

This limited license terminates automatically, without notice to You, if You breach any term, condition, covenant, agreement, warranty, or representation of the Terms. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed Content and all copies thereof, including backup or archival copies. Except as stated herein, You acknowledge that You have no right, title, or interest in or to any HITDOCS Platform or Content.

4.2 License Grant to Download and Use Content

Subject to Your compliance with the terms and conditions set out in the Terms, HITDOCS hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to view viewable Content, and in some instances download and print Content through a HITDOCS Platform subject to the license under which such User Content and Materials are made available and distributed.

The license granted to You is for Your exclusive personal and/or Your own business use only for Your single business.

Any distribution, resale, re-posting, or re-licensing of any aspect of any Content to third parties for any reason is strictly prohibited, however if Your business involves advising any third party about any of the matters in any Content, then You must purchase a separate membership or license for and in connection with the allowable re-use or re-purposing of any Content for or in connection with each third party You advise or supply any such Content to, whether re-purposed or modified or not, and if You have purchased such license(s) – unless otherwise prohibited or not allowed by any reservation or Creative Commons license type associated with the Content – You may then utilize such Content in providing advice to each such third party in providing Your services. You may not resell any Content at a profit, though You may charge for Your services. For clarification, You may not take a form document and sell it at a profit having filled in blanks or made minor modifications to fit the needs and purposes of the third party You are advising, though You may possibly utilize such form document in providing professional services to such third party. If the terms of any license have changed by becoming more restrictive You must comply with the more restrictive terms, including in relation to any Content licensed earlier. Please note all terms in the Terms regarding what may and what may not be done with various Content. You must also notify each such third-party in writing that he, she, or it may not resell, re-license, republish, distribute, or transmit any aspect of any Content.)

Content, and all aspects of it, on, through, or from the HITDOCS Platform, may not be resold, redistributed, relicensed, reproduced, or made available on any site, web-page, blog, or other method.

4.3 License Grant to Upload

YOU WILL NOT UPLOAD WORKS THAT YOU DO NOT HAVE THE RIGHTS TO. YOU WILL NOT INFRINGE UPON THE COPYRIGHT OR ANY OTHER RIGHT OF ANY OTHER PERSON OR ENTITY.

Subject to Your compliance with the terms and conditions set out in these Terms, HITDOCS hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the HITDOCS Platform for the uploading, submitting, posting, distributing, or otherwise making available of authorized digital content, including electronic documents, information, messages, comments, or other content or material (“User Content”).

User Content uploaded by You is at Your own risk. Notwithstanding any obligations hereunder of HITDOCS to protect User Content with these Terms or security measures, HITDOCS cannot and does not guarantee that there will be no unauthorized copying, distribution, or deletion of User Content nor will HITDOCS be liable for any copying or usage of the User Content not authorized by HITDOCS or You.

4.4 Reservation of Rights

HITDOCS reserves all rights not expressly granted in these Terms.

4.5 Prevention of Unauthorized Use

HITDOCS reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of Content and any HITDOCS Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. HITDOCS reserves the right to monitor Your use of any HITDOCS Platform to ensure compliance with this Agreement. If HITDOCS, or its affiliates, or assignees, in their sole and unfettered discretion, determine that You are not in compliance with this Agreement, HITDOCS reserves the right to take such action deemed necessary to resolve this issue.

Section 5: User Content License Grant; Representations and Warranties

5.1 Retention of Ownership

You retain all of Your ownership rights in User Content owned by You, unless You choose to give up any ownership right.

5.2 License Grant to HITDOCS

Unless otherwise agreed to in a separate written agreement between You and HITDOCS signed by an authorized representative of HITDOCS by pen on paper:

a) By uploading, making available for upload, distributing, or disseminating User Content through the Site or Platform, You hereby grant to HITDOCS a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise use and sell or license Your User Content, in any media format and through any media channel or HITDOCS Platform, in order to make available, display, perform, reproduce, distribute, publish, and promote such User Content in connection with the HITDOCS Platform and services offered or to be offered by HITDOCS. HITDOCS may put restrictions on any of Your User Content and restrict access and ability to view, download, or print to Premium, Pro or Enterprise Members or other members or Users. You are reminded that You agree not to upload documents (User Content) that violate the Terms, including User Content that might infringe upon the copyrights or other rights held by others. Such license will apply to any form, media, or technology now known or hereafter developed.

b) Subject to section 5.3, the license granted by You may terminate as to a specific piece of User Content once You remove or delete such User Content from any HITDOCS Platform if You write us at info_at_hitdocs_dot_com with the following in the subject line: “Request to Terminate User Content License” requesting such termination. If, however, HITDOCS accepts such requested termination, HITDOCS may maintain one or more copies of all User Content for its records and any other legal purpose.

c) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management (“DRM”) tools, including any software designed to limit the number of times User Content may be made available, displayed, performed, distributed, copied, or played. HITDOCS may utilize DRM tools in connection with Content, including Your User Content.

5.3 License Grant to Other HITDOCS Users.

By uploading, making available for upload, distributing, or disseminating User Content to or through any HITDOCS Platform, You hereby grant to each User that is authorized to access Your User Content, whether authenticated or anonymous, a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded or made available for uploading such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access Your User Content at least a limited, non-exclusive, license to view, download, print, reproduce, and store such User Content in the manner contemplated by the Terms and every HITDOCS Platform. Further, unless You clearly state otherwise, You grant a license to Users to modify, edit, reproduce, alter, and use Your User Content or Materials for personal use or for business use. (Text at **, above, integrated herein in full. You are aware and agree that unless You clearly state otherwise, if the business of a User involves advising any third party about any of the matters in any Content including User Content, then unless otherwise prohibited or not allowed by any reservation or Creative Commons license type associated with the User Content subject to the terms of the Terms, such User may then utilize such User Content in providing advice to each such third party.) The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from every HITDOCS Platform provided, however, that User rights to Your User Content arising out of distributions occurring on or prior to deletion of such User Content from any HITDOCS Platform survive any termination or expiration of the license You have granted. In other words, for example, once another User has downloaded or printed Your User Content, no one can technologically stop that User from possessing, displaying, or otherwise using Your User Content, though HITDOCS may attempt to contractually limit or terminate usage, including by these Terms. Further, such User Content might remain available by search engines or internet services, for example, that might have cached or archived such User Content, and HITDOCS has no obligation to prevent, limit, or take any other measures to affect that availability.

5.4 User Content Representations and Warranties.

You are solely responsible for Your User Content and the consequences of posting or publishing it. By uploading and publishing Your User Content, You affirm, represent, and warrant that:

(1) You are the creator and owner of or have all the necessary licenses, rights, consents, releases, and permissions to use and to authorize HITDOCS and HITDOCS’s Users to use Your User Content as necessary to exercise the licenses granted by You in this agreement and in the manner contemplated by HITDOCS and these Terms;

(2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person or entity. YOU WILL NOT UPLOAD WORKS THAT YOU DO NOT HAVE THE RIGHTS TO. YOU WILL NOT INFRINGE UPON THE COPYRIGHT OR ANY OTHER RIGHT OF ANY OTHER PERSON OR ENTITY;

(3) Your User Content does not contain or link to any cookies, viruses, adware, spyware, worms, trojans, or other malicious code; and,

(4) Your User Content does not primarily constitute an advertisement, promotional, or marketing materials for any person, entity, or business.  HITDOCS

Violators of third party rights may be subject to criminal and/or civil liability. HITDOCS reserves all rights and remedies against any Users who violate these Terms, including the right to remove User Content and to terminate Your account(s) and access to any and every HITDOCS Platform and service.

5.5 Content Disclaimer

You understand and agree that when using a HITDOCS Platform You will be exposed to Content from a variety of sources, and that HITDOCS is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against HITDOCS with respect thereto. HITDOCS does not endorse any Content or any opinion, recommendation, or advice expressed therein, and HITDOCS expressly disclaims any and all liability in connection with Content. If notified by a User or a content owner of Content that allegedly does not conform to these Terms, HITDOCS may investigate the allegation and determine, in its sole and unfettered discretion, whether to remove the Content, which it reserves the right to do at any time and without notice. For further clarity, HITDOCS does not permit copyright infringing activities on any HITDOCS Platform.

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by using search engines to search for “parental control protection,” for example. See our Privacy Policy for additional information.

You understand and agree that all aspects of Content, Services, or other information provided by or through HITDOCS or any HITDOCS Platform are for informational purposes only. Your use of any information, or any aspect of any Content or Services from or through HITDOCS or any HITDOCS Platform, regardless of the manner in which it is obtained, is entirely at Your own risk, for which HITDOCS shall not be liable. It shall be Your own responsibility to ensure that any aspect of any Content, Service, or information available from or through HITDOCS or any HITDOCS Platform meets Your specific requirements. The Content or Services provided by HITDOCS may be inappropriate for Your particular circumstances. You understand and agree that HITDOCS is not a law firm, and does not provide legal advice. You have read and agree with and to the disclaimer below.

5.5 Disclaimer

The information, forms, instructions, tips, comments, and decision tree alternatives and choices, forms provided in and through hitdocs.com is not legal advice, but is and includes general information / forms on legal issues often encountered, and about the law designed to help HITDOCS users, members and subscribers address their own legal needs. But legal information, including tips, and general forms, instructions, comments, and decision tree alternatives and choices, no matter how seemingly customized to conform to the laws of your state, is not the same as legal advice, which may be the specific application of laws by lawyers licensed to practice law in your state to the specific circumstances and needs of individuals and entities. Some states have highly specific laws, and our information / forms may not take those specific laws into consideration. HITDOCS is not a law firm and the employees and contractors (including attorneys, if any) of HITDOCS are not acting as your attorneys, and none of them are a substitute for the advice of your own attorney or law firm licensed to practice law in your state. The employees or contractors of HITDOCS who wrote or modified any form, instructions, tips, comments, and decision tree alternatives and choices, are NOT providing legal or any other kind of advice, are not creating or entering into an Attorney-Client relationship, and were most likely NOT prepared or reviewed by an attorney licensed to practice law in your state, and, therefore, could not provide you with advice even if they or HITDOCS wanted to. Even though we take every reasonable effort to attempt to make sure our information / forms are accurate, up to date, and useful, we recommend that you consult a lawyer licensed to practice law in your state if you want professional assurance that our information, forms, instructions, tips, comments, and decision tree alternatives and choices, and your interpretation of it or them, and the information and input that you provide, is appropriate to your particular situation. The information, forms, instructions, tips, comments, and decision tree alternatives and choices available on and through this site is not or are not legal advice and is nor or are not guaranteed to be correct, complete or up-to-date. Because the law is different from jurisdiction to jurisdiction, changes, and is subject to varying interpretations and applications by different courts and government and administrative bodies, HITDOCS cannot guarantee – – and disclaims all guarantees – – that the information and forms on the site is or are completely current or accurate. Please further note that laws change and are regularly amended, therefore, the provisions, and names and section numbers of statutes within any document may not be 100% correct as they may be partially or wholly out of date and some relevant ones may have been omitted or misinterpreted. The information, forms, instructions, tips, comments, and decision tree alternatives and choices are not a substitute for the advice of your own attorney. You may wish to consult with your own attorney practicing in your state to confirm the accuracy of statutory references. The law is a personal matter, and no general information or forms like the kind HITDOCS provides can always correctly fit every circumstance.

Information / Forms where you provide information or make choices, even if based upon suggestions or tips provided by HITDOCS, and resulting in a document where that information or the outcome of your choices, does not and is not intended to represent the advice of HITDOCS, or the practice of law. These completed or generated documents are no more than self-help forms where you would fill in the information or make the choices as if they were forms with blanks to be completed, even if a programmer has programmed a decision tree. HITDOCS is not applying the principles of the laws of your state, including those based upon the information you provide or the choices you make. HITDOCS does nothing more than allow you to pick and choose among various choices or provisions. It is your responsibility to get the completion of the document right.

Note: You should have carefully read and considered the instructions, tips, comments, and decision tree alternatives and choices. If you did not you should go back and complete the process again. You must review the completed document to make sure that it meets your specific circumstances and requirements, and the particular laws of your state. HITDOCS does not review your completed document, including for consistency, spelling errors, or any reason at all. You (or your attorney) may want to make additional modifications to meet your specific needs and the laws of your state.

You may want to consider whether you need or should seek legal advice for your specific problem or issue, or if your specific problem or issue is or may be too complex to be addressed by our information or forms, you should consult a licensed attorney in your area. You may also consider having an attorney licensed in your area review the document you completed so as to provide you with legal guidance and advice. Visitors to HITDOCS and subscriber may obtain information regarding free or low cost representation through your state bar association or local legal aid office.

HITDOCS is not permitted to engage in the practice of law. HITDOCS is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection or completion of forms or strategies.

All information (which includes available forms) are provided without any warranty, express or implied, including as to their legal effect and completeness. Information and forms should be used as a guide and modified to meet your own individual needs and the laws of your state. Your use of any information or forms is at your own risk. HITDOCS and any of its employees, contractors, or attorneys who participated in providing any information or forms expressly disclaim any warranty: they are they not creating or entering into any Attorney-Client relationship by providing information to you. HITDOCS does not provide legal advice. The information offered by HITDOCS is not a substitute for the advice of your own attorney.

INFORMATION IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL HITDOCS, INC., OR ITS AGENTS, OFFICERS OR ATTORNEYS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE INFORMATION, EVEN IF HITDOCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Communications between you and HITDOCS are protected by our Privacy Policy, but are NOT protected by the attorney-client privilege or work product doctrine since HITDOCS is not a law firm and is not providing legal advice. Please also note that your access to and use of HITDOCS is subject to additional terms of service. No HITDOCS employee, contractor, or attorney is authorized to provide you with any advice about what information (again, which includes forms) to use or how to use or complete it or them.

5.6 Third Parties

Certain information and other content that is not HITDOCS Content or User Content may be provided by third party licensors and suppliers to HITDOCS (“Third Party Content”). Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You acknowledge and agree that Your ability or right to download, print, cache, reproduce, modify, display, distribute, (except as set forth in this paragraph), edit, alter, or enhance any of the Third Party Content in any manner might be limited or otherwise prohibited or not allowed by any reservation or Creative Commons license type associated with the Third Party Content, and in any event You may not resell, re-license, republish, distribute, or transmit any aspect of any Third Party Content unless You have permission from the owner or licensor of the Third Party Content. AS IS THE CASE WITH ALL CONTENT, YOU AGREE THAT HITDOCS IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR ANY MISTAKES, MISSTATEMENTS, DEFAMATION, OMISSIONS, FALSEHOOD, OBSCENITY, PROFANITY, OR ANYTHING ELSE, IN THE THIRD PARTY CONTENT, AND HITDOCS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5.7 Third Party Sites/Service Providers/Vendors

A HITDOCS Platform and links within Content or communications from HITDOCS may link to other sites or platforms that are not HITDOCS sites or platforms (“Reference Sites”). HITDOCS is providing these links to You only as a convenience, and HITDOCS is not responsible for such linked Reference Sites, including, without limitation, the content or links displayed on such Reference Sites. You agree that HITDOCS assumes no liability and is not responsible at all for anything on or linked from or occurring as a result of Your visiting any Reference Site. You understand that anything on or linked from any Reference Site does not represent the positions, opinions, etc. of HITDOCS and HITDOCS does not endorse or affirmatively support anything on or linked from any Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

If We mention or link to any third party service provider or vendor, You agree that We are not responsible for even the most trusted third party service providers / vendors; We encourage You to determine for Yourself whether any such third party service providers / vendors are right for You and Your particular needs. HITDOCS is mentioning or providing links to third party service provider or vendors as a convenience, and even if HITDOCS is remunerated in some fashion, HITDOCS is not responsible for such third party service providers or vendors, including, without limitation, the goods or services they provide or content or links displayed on or provided by third party service providers or vendors. You agree that HITDOCS assumes no liability and is not responsible at all for anything on or linked from or occurring as a result of Your visiting any third party service provider or vendor Site or Your obtaining any information, goods, or services, from or through such third party service provider or vendor. You understand that anything on or linked from any third party service provider or vendor site does not represent the positions, opinions, etc. of HITDOCS and HITDOCS does not endorse or affirmatively support anything on or linked from any third party service provider or vendor Site. Access and use of third party service provider or vendor sites, including the information, materials, products, and services on or available through third party service provider or vendor sites is solely at Your own risk.

5.8 Additional Information on User Content

You acknowledge that You are responsible for the User Content that You submit, upload, post, or otherwise make available on or through a HITDOCS Platform (“provide” or “provided”) and through the services available in connection with a HITDOCS Platform. You further acknowledge that You, and not HITDOCS, have full responsibility for Your User Content, including its legality, reliability, and appropriateness, and that You have all rights regarding trademark and copyright ownership and all other rights. Unless otherwise explicitly stated in the Terms, in addition to the other terms in the Terms or in the HITDOCS Privacy Policy, You agree that (a) User Content provided by You in connection with a HITDOCS Platform is “Public Domain” (b) User Content that is provided by You in connection with a HITDOCS Platform is provided on a non-proprietary and non-confidential basis, and (c) HITDOCS is free to use such User Content for the purpose of providing You with the associated services, and You grant HITDOCS a sub-licensable, non-exclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, publicly perform, publicly display, reproduce, distribute, modify, and prepare derivative works of the User Content.

You are responsible for creating and maintaining copies of any User Content or Content that You store on HITDOCS, including in the private documents storage area on or through a HITDOCS Platform. HITDOCS is not responsible for creating or maintaining any such copies, and HITDOCS may remove or permanently delete any User Content or other Content at any time and for any reason or no reason at all, and is not responsible for loss of User Content or other Content, including, without limitation, HITDOCS’s negligent or intentional deletion of any User Content, Your membership account, or other Content.

You further agree that You will not upload to HITDOCS’s servers, post, or otherwise make available on a HITDOCS Platform any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner or rights holder of such copyright, trademark, trade secret, or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other claims or harm resulting from Your User Content or Your other Content.

You represent and warrant that: (i) You own all User Content posted by You on or through a HITDOCS Platform or otherwise have the right to grant the licenses to HITDOCS and its Users set forth herein, and (ii) the posting of Your User Content on or through a HITDOCS Platform does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, trade secrets, or any other rights of any person or entity. You agree to pay for all royalties, fees, damages, and any other monies owing any person or entity by reason of any User Content posted by You to or through a HITDOCS Platform.

When submitting User Content to or otherwise using a HITDOCS Platform and/or the services, You also agree not to, without limitation, the following:

• Use a HITDOCS Platform for any purposes other than to disseminate or receive original or appropriately licensed Content and/or to access a HITDOCS Platform as such services are offered by HITDOCS;
• Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein;
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Use racially, ethnically, or otherwise offensive language, including denigrating sexual orientation or gender identity issues;
• Incite or encourage illegal activity;
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
• Post or upload anything that exploits children or minors or that depicts cruelty to animals;
• Post any copyrighted or trademarked materials without the express permission from the owner;
• Post or upload any other party’s trade secrets;
• Post or upload matters that by their confidential or security clearance nature may threaten lives, international, national, state, local, or individual security;
• Post or upload outdated materials such as outdated sex offender registries;
• Post or upload Court documents that have been sealed;
• Post or upload a third party’s social security number, credit card number, unpublished phone number, non-public e-mail or physical mail address, medical records or information, tax records, or other confidential or personal information;
• Post or upload any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;
•Post or upload any content that might be fraudulent, inaccurate or misleading;
•Post or upload any content that might be competitive with HITDOCS or any of its Platforms or Services;
•Impersonate any person or entity, falsely claim an affiliation with any person or entity, access HITDOCS Platform accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via a HITDOCS Platform, or perform any other similar fraudulent activity;
• Use a HITDOCS Platform for any illegal purpose or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights and data protection and privacy;
• Remove, circumvent, disable, damage, or otherwise interfere with DRM or security-related features of a HITDOCS Platform or Content, features that prevent or restrict use or copying of any content accessible through a HITDOCS Platform, or features that enforce limitations on the use of a HITDOCS Platform Site or Content;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code of a HITDOCS Platform or any part thereof, or DRM, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
• Modify, adapt, translate, or create derivative works based upon a HITDOCS Platform or Content or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
• Interfere with or damage operation of a HITDOCS Platform or any User’s enjoyment of a HITDOCS Platform or Content, by any means, including uploading, linking to, or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
• Relay email from a third party’s mail servers without the permission of that third party;
• Use any robot, spider, scraper, or other automated means to access a HITDOCS Platform, except for accessing HITDOCS RSS feeds;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through a HITDOCS Platform;
• Interfere with or disrupt a HITDOCS Platform or servers or networks connected to a HITDOCS Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to a HITDOCS Platform;
• Post, upload, or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that generally detracts from the HITDOCS experience;
• Engage in any activity or upload commercial content that generally detracts from the HITDOCS experience;
• Take any action that imposes an unreasonable or disproportionately large load on HITDOCS’s infrastructure or any HITDOCS Platform; and
• Artificially inflate or alter the ratings available on a HITDOCS Platform or alter any comments posted by others on a HITDOCS Platform;
• Create liability for Us or cause Us to lose (in whole or in part) the services of our ISPs or other suppliers;
•Link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms, or that You do not have a right to link to or include;
• Consummate any transaction that was initiated using any HITDOCS Platform or Service that, by paying to HITDOCS a fee, could cause Us to violate any applicable law, statute, ordinance or regulation.

This list of prohibitions provides examples and is not complete or exclusive. HITDOCS reserves the right to (a) terminate Your access to Your account or Your ability to access, post, or upload to a HITDOCS Platform (or the services) and (b) refuse, delete, or remove any Content, with or without cause and with or without notice, for any reason or no reason, or for any action that HITDOCS determines in its sole and unfettered discretion is inappropriate or disruptive to a HITDOCS Platform or to any other User of a HITDOCS Platform and/or services. HITDOCS may report to law enforcement authorities any actions that it believes may be illegal, and any reports it receives of such conduct. When legally required or at HITDOCS’s sole and unfettered discretion, HITDOCS may cooperate with law enforcement agencies in any investigation of alleged illegal activity on a HITDOCS Platform or on the Internet. Such termination or suspension may continue so long as HITDOCS suspects the violation in question and HITDOCS will have no liability to You for such termination or suspension, including, without limitation, liability to refund any fees paid for any Content, documents, features, or subscriptions.

These prohibitions do not require HITDOCS to monitor, police, or remove any User Content or other information submitted by You or any other User, or monitor, police, or report any User activity.

5.9 Unauthorized Activities

User Content and unauthorized use of any HITDOCS Platform, Services, or Content contained on or available through a HITDOCSPlatform may impermissibly violate certain laws and regulations. You agree to indemnify, defend, and hold harmless HITDOCSand its officers, directors, employees, affiliates, agents, attorneys, licensors, and business partners from and against any and all claims, costs, damages, liabilities, and expenses (including attorneys’ fees and costs) HITDOCSor any other indemnified party suffers in relation to, arising from, or for the purpose of defending against or avoiding any claim, action, or demand from a third party that Your use of a HITDOCSPlatform, Service, Content, or the uploading of Your User Content (or what You represent is Your User Content), or the use of a HITDOCSPlatform, Service, or Content, or the uploading of User Content by any person using Your user name and/or password (including, without limitation, Your participation in the posting areas or Your User Content) violates any applicable law or regulation, including the copyrights, trademark rights, or other rights of any third party.

Section 6: Certain Rights Belonging to HITDOCS and Others

6.1 General
HITDOCS will solely control the Platform, site and all features and functionality thereof and will have the right to modify, change, or amend the same at all times, in its sole discretion. HITDOCS reserves the right to exercise whatever lawful means it deems necessary to prevent or rectify unauthorized use (including the distribution of unauthorized content) on the platform, including, but not limited to, technological barriers, IP mapping, directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use, and seeking legal action against You. HITDOCS reserves the right to remove or delete any Document from the Platform or Site at any time, in its sole discretion, for any reason or for no reason, and without notice to You.

HITDOCS reserves the right to decline to make any Document a Document Publisher uploads available on the HITDOCS site for any reason or no reason at all, in its sole discretion.

6.2 Proprietary Rights

HITDOCS® is a registered trademark of HITDOCS. Other trademarks, names, and logos on a HITDOCS Platform or Content are the property of their respective owners. The trademarks, logos, and service marks displayed on a HITDOCSPlatform or Content (collectively the “Trademarks”) are the registered and unregistered trademarks of HITDOCS, its licensors, suppliers, and others. The Trademarks owned by HITDOCS, whether registered or unregistered, may not be used in connection with any product or service that is not HITDOCS’s in any manner that may cause confusion with or to consumers or customers, or in any manner that disparages HITDOCSor blurs, tarnishes, or dilutes the Trademarks or HITDOCS. Nothing contained on a HITDOCSPlatform, Service, Content, communication, or herein should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any Trademark without the express written permission of HITDOCS, its licensors, suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and HITDOCSmay aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

Unless otherwise specified in these Terms, all information and screens appearing on a HITDOCS Platform, including documents, services, HITDOCS Platform design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of HITDOCS , Copyright © 2007-2014 HITDOCS. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.

6.3 Copyright and Trademark Infringements; Notification

HITDOCS respects the intellectual property rights of others, and we require You to do the same. HITDOCS may, in appropriate circumstances, and at our sole and unfettered discretion, terminate service and/or access to this Site for users who infringe or are accused of infringing the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement please comply with the requirements of the Digital Millennium Copyright Act and submit the required information.

If You believe that Your work is the subject of trademark infringement and appears on our Site, please provide HITDOCS designated agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site, including specific information (not general information, or a “search”) where such works are to be located.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at any HITDOCS Platform, and information reasonably sufficient to permit HITDOCS to locate the material.

• Information reasonably sufficient to permit HITDOCS to contact You as the complaining party such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.

•             A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.

•             A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

HITDOCS reserves the right to assert that it has no obligation under the law to take action with regard to alleged trademark infringement, and to require that You support Your claims of actionable trademark infringement.

HITDOCS agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail:

HITDOCS

Attn: Copyright Agent

12507 W Cow Path

Austin, TX 78727

By e-mail:

copyright_at_hitdocs_dot_com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. (See, e.g., Online Policy Group v. Diebold, 337 F. Supp. 2d 1195 (N.D. Cal. 2004) Diebold agrees to pay $125,000 in damages and fees under Section 512(f).

HITDOCS reserves the right to remove User Content without notifying You if You posted User Content, and without providing You with an opportunity to submit a counter-notification, and You waive any rights or claims that You might have against HITDOCS for removing Your User Content, including without notifying You of HITDOCS’s receipt of a DMCA takedown notice or providing You with an opportunity to submit a counter-notification or complying with the counter-notification procedure set out in the DMCA.

We reserve the right to supply Your communications and DMCA copyright infringement notification to Chilling Effects or to those who are conducting or might conduct research, or publish it on any HITDOCS Platform for inclusion in studies and legal scholarship.

Section 7: Your Covenants, Representations, Warranties, and Agreement to Conditions; Prohibited Uses of the HITDOCS Platform

In addition to the prohibited conduct that You have agreed to as described in the HITDOCS Terms of Service, Your use of the HITDOCS Platform is conditioned upon Your agreement to all of the terms of this Agreement, and You hereby agree, represent and warrant the following:

(a) You shall not, and shall not authorize or encourage any third party to share, copy, adapt, redistribute, reconfigure, modify, create derivative works from, resell, profit from, or otherwise exploit any Documents purchased or obtained on or through HITDOCS other than as permitted by HITDOCS;

(b) All Documents are available to You through this limited, personal, non-exclusive and non-transferable license to use and to display the Documents and to use the services of this Site solely for Your own personal or business use. Except for the license set forth herein, You acknowledge and agree that You may have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance or in any way exploit any of the Documents in any manner, depending upon the terms of the license specified by the Document Publisher who has made the Document available or the creative commons license type selected by the Document Publisher who has made the Document available, except possibly for fair use rights (see 11 U.S.C. 107 – see, e.g., http://www.copyright.gov/fls/fl102.html). In many instances You will have the right to modify, edit, reproduce, alter and use the Document Publisher Document for Your personal use or for business use. Unless specifically authorized by the Document Publisher You are prohibited from reselling, re-licensing, or distributing Document Publisher Documents. This limited license terminates automatically, without notice to You, if You breach any of these Terms. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed Documents and all copies thereof, including backup or archival copies. Except as stated herein, You acknowledge that You have no right, title or interest in or to the Site or the Documents;

(c) You shall not upload to the HITDOCS Platform or any other web site, or make available to the general public through the Internet, any Document You have downloaded or purchased from or through the HITDOCS Platform. Any evidence of such conduct shall be grounds for the immediate termination of Your HITDOCS Accounts;

(d) With regard to any Documents that You upload You shall not use any deceptive, inaccurate, or false titles, tags, keywords, descriptions, or other techniques or tactics intended to or having the effect of causing Users to view or download such Document;

(e) You shall not attempt to upload any part of any Document that was previously rejected or removed by HITDOCS unless the cause of the rejection or removal has been corrected;

(f) You shall not share Your HITDOCS Account login information with any third-party or provide any third-party with access to Your HITDOCS Account. Any evidence of such conduct shall be grounds for the immediate termination of Your HITDOCS Accounts;

(g) You shall not act in any way that violates any Guidelines, or any other agreement between HITDOCS and You, or engage in any action or practice that disparages or devalues HITDOCS’s, rights, reputation or goodwill;

(h) All of the information that You provide to HITDOCS under this Agreement is current and accurate and will remain current and accurate and when there are any changes You will immediately update Your account to reflect as much;

(i) You have all necessary rights, power and authority to enter into and to perform under this Agreement;

(j) You have not entered into any other agreement that is in conflict with the terms of this Agreement;

(k) You shall comply with all applicable laws and regulations;

(l) You acknowledge that any attempted or actual violation of any of the terms, conditions, covenants, warranties or representations is a material breach of this Agreement and that HITDOCS may pursue any and all applicable legal and equitable remedies against You, including but not limited to, an immediate suspension or termination of Your HITDOCS Accounts, termination of this Agreement, and the pursuit of all available civil or criminal remedies.

Section 8: Refund Policy

All documents are provided without charge.  HITDOCS does not sell any documents, and therefore does not provide any type of refund.

Section 9: Relationship of Parties

(a) Agency. The relationship of HITDOCS and Document Publishers is that of independent contractors. Nothing contained in this Agreement and no action by either Party shall be deemed to constitute any Party or any of such Party’s employees or agents to be an employee or agent of the other Party or shall be deemed to create any partnership, joint venture, association, syndicate among or between any of the Parties, or shall be deemed to confer on any Party any express or implied right, power or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of the other Party not explicitly set forth in this Agreement. Neither Party will hold itself out as being in an agency relationship, or imply, or fail to correct a misunderstanding, that there is an agency relationship.

(b) Non-Exclusive Relationship. Document Publishers and HITDOCS enjoy a non-exclusive relationship in all respects. Document Publishers acknowledge that HITDOCS may sell documentation products developed and owned by third-parties, or documentation products developed and owned by HITDOCS, the content of which may be similar to the Documents posted by Document Publisher. HITDOCS acknowledges that Document Publishers may sell Documents and other documentation products directly or by licensing others to do so, however, Document Publishers agree that they will not use the HITDOCS Platform to direct or steer Users to any channel other than the HITDOCS Platform for the sale or licensing of any documents or documentation products.

Section 10: Term; Termination

Section 10.1: General

The term of this Agreement will begin on the date You sign up for a HITDOCS account, or use the HITDOCS Platform and shall continue until terminated in accordance with the provisions set forth herein. HITDOCS may, in its sole discretion, without cause, for any reason or no reason, and without liability or prior notice to You, immediately terminate this Agreement, Your HITDOCS, HITDOCS Pro and/or HITDOCS Enterprise accounts, and suspend or terminate Your participation in the HITDOCS Platform at any time. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

YOU ARE REMINDED THAT THERE ARE ADDITIONAL IMPORTANT GROUNDS FOR TERMINATION SET OUT IN THE HITDOCS TERMS OF SERVICE AS WELL AS ELSEWHERE IN THIS AGREEMENT. These include:

  • Upload or transmit any Material that You do not have all rights to.
  • Upload or transmit any Material where the primary purpose is advertising
  • Upload or transmit any Material that may be deemed offensive
  • Upload or transmit any Material that is unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, indecent, lewd, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
  •  Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
  • Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Without HITDOCS’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
  • Harm minors in any way; or
  • Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

If HITDOCS suspects that You as a Document Publisher have infringed upon the rights of anyone, including copyright infringement, HITDOCS may terminate Your account and remove all the Documents You have uploaded. Further, You agree that termination on the basis of violation of these Terms of Service, or the HITDOCS Terms of Service, will result in Your forfeiture of or claims to any money, including as a set-off against damages or claims. At the option of HITDOCS upon suspecting that You as a Document Publisher have infringed upon the rights of anyone, including by engaging in copyright infringement, or that You otherwise violated these Terms of Service, or the HITDOCS Terms of Service, HITDOCS may terminate Your account and may give You the opportunity to explain why You uploaded infringing Documents or why You believe the Documents do not infringe the rights of anyone, or why you did not otherwise violate these Terms of Service, or the HITDOCS Terms of Service, and if HITDOCS is satisfied with Your explanation may allow You to sign-up for another HITDOCS account. At the option of HITDOCS upon suspecting that You as a Document Publisher have infringed upon the rights of anyone, including by engaging in copyright infringement, or that You otherwise violated these Terms of Service, or the HITDOCS Terms of Service, HITDOCS may suspend Your account for a reasonable period of time and may give You the opportunity to remove improper Documents and explain why You uploaded infringing Documents or why You believe the Documents do not infringe the rights of anyone, or why you did not otherwise violate these Terms of Service, or the HITDOCS Terms of Service.  HITDOCS will have sole discretion as to whether Your explanation suffices, whether to terminate Your account, whether to reinstate Your account, among other things. Multiple suspensions will likely result in termination.

If Your account has been terminated You are prohibited from signing up for another HITDOCS account, under any name, and You are prohibited from uploading any Documents to the HITDOCS platform.

You will not create multiple user accounts, particularly so as to abuse any of the HITDOCS policies, guidelines, or systems.  If, in violation of these Terms of Service, You have created multiple accounts and any single account is terminated by HITDOCS then HITDOCS may terminate all of Your accounts. Further, if HITDOCS terminates any of Your User accounts and You have multiple accounts, You will notify HITDOCS of the usernames of all Your other User accounts and You will not open any new User account(s). IF YOUR ACCOUNT HAS BEEN SUSPENDED OR TERMINATED AND YOU DO OPEN A NEW ACCOUNT YOU WILL BE LIABLE TO HITDOCS FOR DAMAGES OR, AT HITDOCS’s OPTION, LIQUIDATED DAMAGES IN AN AMOUNT OF $500.00.

If You terminate Your account voluntarily and without HITDOCS having indicated that it might terminate or suspend Your account, and You have not otherwise violated these Terms of Service or the HITDOCS Terms of Service, the Documents that You uploaded to the HITDOCS platform.

Section 10.2: Remedies

Your only remedy with respect to any breach by HITDOCS of any term in these Terms, The HITDOCS Privacy Policy, violation of any right or law, or dissatisfaction with (i) any HITDOCS Platform, Service, or Content, (ii) any term of these Terms, (iii) any policy or practice of HITDOCS in operating any HITDOCS Platform or Service, or (iv) any Content, content or information transmitted through any HITDOCS Platform, is to terminate Your account and discontinue using any and all parts of each HITDOCS Platform.

Section 11: Forms, Agreements and Documents

Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness.

THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND HITDOCS AND ANY DOCUMENT PROVIDER FULLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED, TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

You acknowledge that Documents may be inappropriate for Your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure Your desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for Your particular transactions, as the Documents are only samples and may not be applicable to Your particular situation. Some Documents are public domain forms or may be available from public records, however, You will not upload or otherwise make available for sale any Documents that are public domain forms or may be available from public records, unless You create derivative works or make material modifications or adaptations and have the right to do so and do not otherwise infringe upon the rights of anyone else.

You understand that when using the Site You will be exposed to User Content from a variety of sources, and that HITDOCS is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against HITDOCS with respect thereto. HITDOCS does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and HITDOCS expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, HITDOCS may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, HITDOCS does not permit copyright infringing activities on the Site. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by using search engines to search for “parental control protection,” for example.

HITDOCS is not responsible for the language used in the Document, e.g., if You thought the Document was written entirely in English and it contains a language You can not read HITDOCS is not responsible. Further, if it is repeatedly misleading as to what languages are in the Document HITDOCS may terminate Your Account.

Section 12: No Legal Advice or Attorney-Client Relationship

Information or Documents contained on or made available through the HITDOCS platform are not intended to, and do not constitute, legal advice, recommendations, or counseling under any circumstance, and no attorney-client relationship is formed. HITDOCS and all Document Providers disclaim any warranties or guarantees as to, among other things, the accurateness, completeness, adequacy or currency of the information contained in Documents available through the HITDOCS Platform, including for purchase or through any Document Provider’s web site. Your use of the Documents, the information on the HITDOCS Platform, or the materials linked to the HITDOCS Platform, is entirely at Your own risk. HITDOCS is not a law firm and the HITDOCS Platform is not a lawyer referral service.

Section 13: Selling

No Document Publisher shall have the right to sell his or her own Documents on HITDOCS

Section 14: Commissions

HITDOCS does not charge visitors to download documents and will not pay Document Publishers any fee, royalty or commission.

Section 15: Advertising

HITDOCS has the right to display any advertising or promotions, including for HITDOCS or third parties, over, near, or around any Document Publisher Document, and You (as either a Document Publisher or User) waive any claims or rights in association therewith, including claims to any remuneration, regarding moral rights, complaints about implicit endorsement or association, or the like. You are notified and agree that anything at all placed over, near, or around any Document is not an endorsement by or an association with the uploader (including any Document Publisher).

Section 16: Indemnification & Release

You agree to indemnify, defend and hold harmless HITDOCS, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, contractors, agents, attorneys, and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debts and expenses (including attorney’s fees and costs) arising out of, related to or which may arise from (i) Your use or misuse of the HITDOCS platform; (ii) Your breach or other violation of this Agreement including any representations, warranties and covenants herein; or (iii) Your violation of the rights of any other person or entity. HITDOCS reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend or hold us harmless, and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of HITDOCS. HITDOCS will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

Users are responsible for their acts and omissions and content placed on any HITDOCS Platform. In the event that You have a dispute with or claim against one or more Users, You release HITDOCS (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Section 17: Disclaimer; Limitation of Damages

17.1 DISCLAIMER OF WARRANTIES AND PROMISSORY ESTOPPEL

YOUR USE OF ANY HITDOCS PLATFORM, SERVICE, CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS IS AT YOUR OWN RISK. HITDOCS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY HITDOCS PLATFORM OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY HITDOCS PLATFORM (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), OR ANY ERRORS (INCLUDING OMISSIONS) IN THE SERVICES, OR CONTENT, OR FOR ANY LACK OF ACCESS TO ANY HITDOCS PLATFORM, CONTENT, OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). CONTENT MAY NOT HAVE BEEN VERIFIED OR AUTHENTICATED, AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. HITDOCS DOES NOT WARRANT THE ACCURACY, SUITABILITY, LEGAL EFFECT, OR TIMELINESS OF CONTENT CONTAINED ON OR THROUGH ANY HITDOCS PLATFORM. HITDOCS HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY HITDOCS PLATFORM, SERVICE, OR CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, WHETHER PROVIDED BY HITDOCS OR OUR SUPPLIERS OR LICENSORS (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS).

 

HITDOCS DOES NOT PROVIDE LEGAL ADVICE OR ANY OTHER KIND OF ADVICE, NO MATTER THE CONTENT, HITDOCS PLATFORM, SERVICE, OR MEANS OF COMMUNICATION. THE SERVICES AND CONTENT ON OR THROUGH ANY HITDOCS PLATFORM ARE FOR INFORMATIONAL PURPOSES ONLY. CONTENT, SERVICES, AND ALL COMMUNICATION BY OR WITH HITDOCS, INCLUDING THROUGH A HITDOCS  PLATFORM, IS NOT LEGAL ADVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY, OR OTHER APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL, FINANCIAL, HEALTH, MEDICAL, OR OTHER ISSUE. ALL CONTENT, SERVICES, AND HITDOCS PLATFORMS (AND ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) ARE PROVIDED WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING AS TO ITS LEGAL EFFECT AND COMPLETENESS. CONTENT SHOULD BE USED AS A GUIDE AND MODIFIED TO MEET YOUR OWN INDIVIDUAL NEEDS AND THE LAWS OF YOUR STATE. YOUR USE OF ANY CONTENT, SERVICE, OR HITDOCS PLATFORM (AND OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) IS AT YOUR OWN RISK. HITDOCS AND ANY ATTORNEYS WHO PARTICIPATED IN PROVIDING OR MODIFYING ANY CONTENT OR SERVICE EXPRESSLY DISCLAIM ANY WARRANTY: NO ATTORNEY-CLIENT RELATIONSIP IS BEING CREATED OR ENTERED INTO BY PROVIDING CONTENT, GUIDANCE, INSTRUCTIONS, SERVICE, OTHER INFORMATION, OR ACCESS TO ANY HITDOCS PLATFORM TO YOU.

YOU UNDERSTAND AND AGREE THAT HITDOCS IS NOT A LAW FIRM, AND DOES NOT PROVIDE LEGAL ADVICE. YOU HAVE READ, UNDERSTAND, AND AGREE WITH AND TO THE DISCLAIMER.

HITDOCS DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC CONTENT, OPINIONS, REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH ANY HITDOCS PLATFORM, SERVICE, OR CONTENT.

HITDOCS, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, AND MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ANY HITDOCS  PLATFORM, SERVICES, OR CONTENT, (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) INCLUDING RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH ANY HITDOCS  PLATFORM, SERVICE, OR CONTENT (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH HITDOCS PLATFORM, THE SERVICES, CONTENT, AND ANY INFORMATION OR MATERIAL (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) CONTAINED OR PRESENTED ON OR THROUGH EACH HITDOCS PLATFORM IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, AND “WHERE IS” BASIS WITH NO WARRANTY OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL HITDOCS, OR ITS AGENTS, OFFICERS, OR ATTORNEYS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY HITDOCS PLATFORM, SERVICE, OR CONTENT (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), EVEN IF HITDOCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HITDOCS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

THE SECURITY MEASURES USED BY HITDOCS TO PROTECT ANY HITDOCS PLATFORM, SERVICE, OR CONTENT ARE USED IN CONJUNCTION WITH SUCH CONTENT “AS IS” AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, HACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

REGARDLESS OF SUPPOSED OR ACTUAL REPRESENTATIONS MADE TO YOU ORALLY OR IN WRITING BY HITDOCS CONCERNING ACTIONS HITDOCS MAY OR WILL TAKE, INCLUDING TO REMOVE OR DISABLE ACCESS TO ANY CONTENT AVAILABLE ON OR THROUGH ANY HITDOCS PLATFORM, OR TO ACT TO CAUSE SEARCH ENGINES TO STOP INDEXING OR CACHING ANY CONTENT OR TO REMOVE CACHED CONTENT, YOU MAY NOT AND WILL NOT RELY UPON SAME, AND WILL NOT BRING OR PARTICIPATE IN ANY ACTION OR CLAIMS REGARDING SAME, AND YOU WAIVE ALL RIGHTS AND CLAIMS INCLUDING FOR BREACH OR PROMISSORY ESTOPPEL, UNDER LAW AND EQUITY.

17.2 Disclaimer; Limitation of Damage

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR PROVIDED THROUGH THE HITDOCS PLATFORM ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HITDOCS AND HITDOCS AFFILIATED PARTIES, INCLUDING BUT NOT LIMITED TO, THE DOCUMENT PROVIDERS, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY DOCUMENT, INFORMATION, SERVICE, OR THE HITDOCS PLATFORM.

IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, HITDOCS, DOCUMENT PROVIDERS, HITDOCS AFFILIATED PARTIES, CONTRACTORS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, ATTORNEYS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, (2) ANY ERRORS IN OR OMISSIONS FROM OUR SITE OR FROM ANY SERVICES, PRODUCTS, OR DOCUMENTS OBTAINABLE THEREFROM, (3) THE UNAVAILABILITY OR INTERRUPTION OF OUR SITE OR ANY FEATURES THEREFROM, (4) YOUR USE OR YOUR INABILITY TO USE THE DOCUMENTS OR THE HITDOCS PLATFORM, (5) THE CONTENT CONTAINED ON OUR SITE, EVEN IF HITDOCS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED, IF THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED APPLY AT ALL.

THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HITDOCS AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HITDOCS THROUGH THE HITDOCS PLATFORM OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN OR LINKED FROM THE ELECTRONIC FILE CONTAINING A DOCUMENT IS DISCLAIMED.

Section 18: Limitation of Damages

18.1 General

THE AGGREGATE LIABILITY OF HITDOCS AND ANY HITDOCS AFFILIATED PARTY, CONTRACTORS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, ATTORNEYS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE HITDOCS PLATFORM AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

18.2 Limitations by Applicable Law

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED, IF THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED APPLY AT ALL.

18.3 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT HITDOCS HAS OFFERED ITS HITDOCS PLATFORMS, PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HITDOCS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HITDOCS. HITDOCSWOULD NOT BE ABLE TO PROVIDE ANY HITDOCS PLATFORM, SERVICES, OR CONTENT TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

 

Section 19: Assignment; Entire Agreement; Applicable Law and Venue; Headings; Severability; No Waiver

HITDOCS may freely assign this Agreement at any time without notice to You. You may not transfer, sell, or assign Your rights or obligations under this Agreement and any attempt to do so shall be void. Subject to the foregoing, this Agreement inures to the benefit of and shall be binding on the parties’ permitted assignees, transferees and successors.

This Agreement, including all agreements and Guidelines incorporated by reference herein, sets forth the entire agreement and understanding of the parties with respect to the subject matter hereto, and supersedes all prior and contemporaneous agreements relating thereto, written or oral, between the parties.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, without reference to its choice of law doctrine. The parties agree that the federal and state courts in Travis County, Texas will have exclusive jurisdiction and venue over this Agreement, and the parties hereby agree to submit to such jurisdiction and venue exclusively.  If any provision of the Terms and related Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Section or paragraph headings used in this Agreement are for reference purposes only, and may not be used in the interpretation hereof.

In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court with jurisdiction over the parties to this Agreement, (i) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect.

A waiver of any provision of this Agreement will only be valid if provided in writing and will only be applicable to the specific incident and occurrence so waived. The failure by either party to insist upon the strict performance of this Agreement, or to exercise any term hereof, will not act as a waiver of any right, promise or term, which will continue in full force and effect.

HITDOCS’s failure to enforce any term or provision of the Terms is not a waiver of such term. The Terms are the entire agreement between You and HITDOCS’s and supersede all prior or contemporaneous negotiations, discussions, or agreements between You and HITDOCS’s about the subjects of the Terms, including each HITDOCS’s Platform, Service, and Content.

Section 20: Survival
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and damages and all general provisions shall survive any termination of these Terms.

Section 21: Complaints

Complaints should be sent to info@hitdocs.com

Section 22: Customer Service and Support

HITDOCS does not audit the Documents submitted by publishers for their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. For assistance, questions or support regarding the content of any of the Documents, please contact the Document Provider for that Document.

For assistance with or questions regarding this Agreement, You can send us an email at info@hitdocs.com. Responses to emails will be provided as soon as possible.

Section 23: Local Laws; Export Control

HITDOCS controls and operates each HITDOCS Platform from its headquarters in the United States of America and a HITDOCS Platform, Service, or Content may not be appropriate or available for use in other locations. If You use any HITDOCS Platform outside the United States of America, You are responsible for following applicable local laws. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data, or any direct product thereof in violation of any such restrictions, laws, or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by You that You will not export such software, technical data, or commodities to certain foreign countries without prior approval of such agency. Your rights under the Terms are contingent on Your compliance with this and all other provisions.

Section 24: Claims

YOU AND HITDOCS AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR ANY HITDOCS PLATFORM, SERVICE, OR CONTENT, EXCEPT FOR HITDOCS’s RIGHTS TO SEEK INDEMNIFICATION, DEFENSE, AND TO BE HELD HARMLESS, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU ARE, HOWEVER, REFERRED TO SECTION 10.2, REGARDING YOUR REMEDIES.

Section 25: Dispute Resolution

If a dispute arises between You and HITDOCS, we would like to achieve a neutral and cost effective means of resolving disputes quickly. Except as set forth otherwise in these Terms, You and HITDOCS agree to resolve any claim or controversy at law (“Claim”), and although You have waived Your right to seek equitable or injunctive relief, should You attempt to pursue such relief in contravention of Your agreement not to, You will seek to resolve any claim or controversy at equity, that arises out of Your use of any HITDOCS Platform, Service, Content, or these Terms in accordance with one of the subsections below or as HITDOCS and You otherwise agree in writing, signed by hand, on paper. Before resorting to these alternatives, we strongly encourage You to first contact us directly to seek a resolution by contacting us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Legal Disputes – This Agreement (the Terms) shall be governed in all respects by the laws of the State of Texas and controlling U.S. federal law, without regard to conflict of law provisions. You agree that any Claim or dispute You may have against HITDOCS, or HITDOCS may have against You, must be resolved exclusively by a state or federal court located in Travis County, Texas, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts (and arbitrators) located within Austin, Texas for the purpose of litigating all such claims or disputes.
  • Arbitration Option – Although Section 20.2 regarding Your remedies governs, for any claim (excluding claims by HITDOCS for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If we are unable to agree upon an ADR provider then the default ADR provider shall be the American Arbitration Association, JAMS, or Judicate West, as decided by the party submitting the claim for arbitration.
  • Improperly Filed Claims – All claims You bring against HITDOCS must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should You file a claim contrary to this Dispute Resolution Section, HITDOCS may recover attorneys’ fees and costs up to $1,000, provided that HITDOCS has notified You of the improperly filed claim, and You have failed to promptly withdraw the claim.

Section 26: Class Actions

You expressly waive the right and agree not to bring or participate in any class action or joinder or consolidation of claims with respect to any dispute under or relating to this Agreement, including in any arbitration.

Section 27: Advertisements

Neither advertisements in or among documents, Content, a HITDOCS Platform, nor their placement are intended to suggest the author or member who posted said Content, or any entity or person mentioned in the Content, is in any way associated with, endorses, or approves the advertisement or advertiser.

Section 28: DMCA Notice

You are encouraged to read the HITODCS DMCA Notice posted on the website.

Section 29: Privacy Policy

EFFECTIVE IMMEDIATELY

HITDOCS believes strongly in protecting user privacy. This Privacy Policy details certain policies implemented throughout every HITDOCS Platform governing the use of personally identifiable information about users of our various Platforms and users of services available on or through each HITDOCS Platform (the “Services”).

29.1 Privacy Policy Updates

HITDOCS may make changes to the Privacy Policy, any HITDOCS Platform, Content, or services at any time. The latest Privacy Policy will be posted or be available through www.hitdocs.com and You agree that You should always review it prior to using any HITDOCS Platform, Content, or Services.

Because of the rapidly evolving nature of the internet, computers, mobile technologies, and other technologies, in our attempts to make our user experience better, and for other aesthetic and business reasons, HITDOCS may change, update and modify the Privacy Policy from time to time. HITDOCS will post its updated Privacy Policy at www.hitdocs.com so You may always be aware of what has changed. If any modification is unacceptable to You, You shall cease using the HITDOCS Platform, Content, and Services right away. If You do not cease using the HITDOCS Platform, Content, and Services, You will be conclusively deemed to have accepted the change(s). Except as stated elsewhere, any amended Privacy Policy shall automatically be effective as soon as it is initially posted and/or sent to registered Users, except if HITDOCS states that it is giving advance notice of any amended term to be effective on a date in the future. Please check the Privacy Policy and any guidelines periodically for changes. Except as posted by HITDOCS to the www.hitdocs.com this Privacy Policy may not be otherwise amended, and no term may be waived by HITDOCS, except in a writing, hand signed by pen on paper (or as set forth below) by You and an authorized representative of HITDOCS. For purposes of this provision, a “writing” does not include an email message, text, chat, or the like, sent from any device existing now or later developed and a signature does not include an electronic signature.

29.2 Information Collection and Use

You can generally visit a HITDOCS Platform without revealing any personally identifiable information about Yourself.  Your IP Address and associated information will be the only way to identify you.  However, in certain sections of a HITDOCS Platform and when You use our Services, including as a subscriber, we may invite You to contact us with questions or comments or request information, provide or upload documents and other Content (for example, links to Your website), contact us with feedback, participate in surveys, questionnaires, or contests, recommend or rate Content, or complete a registration form. Due to the nature of some of these activities, we may collect personally identifiable information that You submit, such as Your email address, phone number, postal address, city, and occupation. We may also collect additional personally identifiable information that You voluntarily include in Your profile or Your website or transmit with Your communications to us. If You are a registered user, (i) You may be able to send a request to add friends to Your network and send them messages and we may collect their personally identifiable information that You use to contact them and (ii) other users may be able to view who has posted (for registered users), recommended, or rated certain Content or documents and may be able to comment on or rate the documents and other Content You have posted to the Site (if they are registered users). Additionally, other users may be able to view information about the documents You have posted, such as the most recently posted documents and highest rated documents and we and other users may modify the tags or categories of the documents and other Content You have posted to a HITDOCS Platform (which will be associated with Your username if You are a registered user).

We may use Your personally identifiable information to register You to use a HITDOCS Platform and/or Services; to deliver certain services; to provide notices regarding services or documents You have downloaded; to verify Your authority to enter or utilize a HITDOCS Platform or Service; to improve the Content and general administration of a HITDOCS Platform and our Services and display targeted advertising on or through a HITDOCS Platform; and to contact You, including by email or telephone. We may use Your email address, physical address, telephone number, and HITDOCS messaging system to contact You, without further consent, for administrative communications, to address copyright infringement or defamation or other violations of Terms of Service issues, or to contact You regarding Your membership, subscription, or any Content that You have posted to or downloaded from the Site. Users will receive HITDOCS registration emails when they register, HITDOCS personnel will receive communications relating to Your questions or requests, Users may receive updates and notices about questions they are asking or answering, other posts, Your accounts, and new features and policies; these communications are considered part and parcel of Your service and You may not be able to opt out of them.  HITDOCS may contact You about new services, special offers, promotions, and third-party / affiliate offers, and will include in any such emails an opt-out link by which You can opt out of receiving such emails. We may contact You and referral participants to attempt to address Your satisfaction with HITDOCS and/or to ask how we can improve. HITDOCS or its agents may contact You, including by telephone or email, including after Your HITDOCS account has terminated or expired, and Your agreement to the Terms constitutes Your request that HITDOCS contact and communicate with You, including by traditional mail, private courier, telephone (land and mobile), email, texts, or through social media such as Facebook, Twitter, Google+, YouTube, Vimeo, and various blogs, for legal matters.

We may use and disclose Your information if we believe, in good faith, that it is appropriate or necessary to take precautions against liability; to protect HITDOCS from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of a HITDOCS Platform; or to protect the rights, property, or personal safety of HITDOCS, our Users, or others. We may disclose User information to affiliated companies or other businesses or persons to provide web site hosting, maintenance, and security services; conduct data analysis and create reports; offer certain functionality; and assist us in improving the HITDOCS Platforms and Services, and in creating new services and features. WE WILL NOT SELL YOUR PERSONAL INFORMATION TO 3RD PARTIES FOR MARKETING PURPOSES. 

29.3 Children’s Privacy

HITDOCS recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. No HITDOCS Platform is intended for children under the age of 13. HITDOCS does not target its Services or Platforms to children under 13. HITDOCS does not knowingly collect personally identifiable information from children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS ANY HITDOCS PLATFORM AT ANY TIME OR IN ANY MANNER. IF HITDOCS LEARNS THAT PERSONALLY-IDENTIFIABLE INFORMATION OF PERSONS LESS THAN 13 YEARS OF AGE HAS BEEN COLLECTED ON OR THROUGH A HITDOCS PLATFORM, HITDOCS WILL TAKE THE APPROPRIATE STEPS TO DELETE THIS INFORMATION.

IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER 13 WHO HAS BECOME A HITDOCS SUBSCRIBER, THEN PLEASE CONTACT HITDOCS AT INFO_at_HITDOCS_dot_COM TO HAVE THAT CHILD’S ACCOUNT TERMINATED AND INFORMATION DELETED.

THE FOLLOWING ARE SOME RESOURCES THAT MAY HELP PARENTS AND LEGAL GUARDIANS IN MONITORING AND LIMITING YOUR CHILDREN’S ACCESS TO CERTAIN TYPES OF MATERIAL ON THE INTERNET. WHILE HITDOCS DOES NOT ENDORSE THESE SITES, SERVICES, OR PRODUCTS, AND DISCLAIMS ANY RESPONSIBILITY IN CONNECTION WITH THEM, WE PROVIDE INFORMATION ABOUT THEM AS A PUBLIC SERVICE.

1.            OnGuard Online, maintained by the Federal Trade Commission.

2.            WiredSafety

3.            Netsmartz.org

4.            The Child Safety Network

5.            Control Kids

6.            Cyber Sitter

7.            Net Nanny

29.4 Cookies, Pixels, and Web Beacons

When You use or access a HITDOCS Platform, we may use small text files containing a string of alphanumeric characters called cookies to improve overall Site experience, among other things. A cookie is a piece of data stored on the user’s hard drive or browser containing information about the user. Information from cookies alone generally do not provide us with information to personally identify You. HITDOCS may use both session cookies and persistent cookies. A session cookie generally disappears after You close Your browser. A persistent cookie remains after You close Your browser and may be used by Your browser on subsequent visits to a HITDOCS Platform or other web sites. Persistent cookies can generally be removed by You. Please review Your web browser “Help” file to learn the proper way to modify Your cookie settings and to remove cookies. We may also use pixels or web beacons on our Platform and in emails that we send to You.  (See, e.g.,http://en.wikipedia.org/wiki/Web_beacons.) We may collect information regarding Your  activity on a particular web-page, pages visited, searches performed, documents and profiles viewed, documents downloaded, documents uploaded, reviews, and comments made.

29.5 Automatically Collected Information

When You access a HITDOCS Platform or open one of our HTML emails, we may automatically record certain information from You or Your system by using different types of tracking technology, including server logs. This “automatically collected” information may include Internet Protocol address (“IP Address”), a unique device or user ID, version of software installed, system type, browser used, the Content and pages that You access on or through a HITDOCS Platform, the dates and times that You visit a HITDOCS Platform, documents and other Content that You searched for, viewed, uploaded, downloaded, as well as advertisements that You moused over or clicked on, and information from Your social media accounts that You make publicly available. Like most websites, our servers automatically record the page requests made when You visit our HITDOCS Platform sites. These “server logs” typically include Your web request, Internet Protocol address, browser type, browser language, the date and time of Your request, and one or more cookies that may uniquely identify Your browser.

29.6 Aggregate Information

A HITDOCS Platform may track the total number of visitors to a HITDOCS Platform, the number of visitors to each page of a HITDOCS Platform, browser or device type, and IP addresses, and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used, and disclosed in aggregate form only and it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer a HITDOCS Platform, track users’ movement, and gather broad demographic information for aggregate use.

29.7 Disclosure

We may provide Your personally identifiable information and the data generated by cookies, web beacons, logs, and the aggregate information to the vendors and service agencies that we may engage to assist us in providing our Platforms, Services, advertising, and any other product and/or service to You. Such third-party entities may be obligated to use Your personally identifiable information to provide the services to us. We will disclose Your personally identifiable information if we reasonably believe we are required to do so by law, regulation or in cooperation with any governmental investigation, including upon receipt of what we believe may be a valid subpoena, whether issued by a Court that has jurisdiction over HITDOCS or not. (Please note that HITDOCS reserves the absolute right to assert that only the U.S. District Court – Western District of Texas, and the Travis County Court have jurisdiction over HITDOCS, and subpoenas from outside these two jurisdictions must be “domesticated,” though we are not obligated to do so.) We will not sell Your personally identifiable information to any company or organization.  We may transfer Your personally identifiable information to a successor entity upon a merger, consolidation, or other corporate reorganization in which HITDOCS participates or to a purchaser of all or substantially all of HITDOCS’s assets to which a HITDOCS Platform or Service relates.

29.8 Profile Information

When You create a HITDOCS account, some information about Your account and Your account activity may be provided to other HITDOCS users. This may include the date You opened Your account, the date You last logged into Your account, , and the number of documents You have uploaded/downloaded, what You have downloaded/uploaded, what You have  viewed, and HITDOCS may view the Content of those documents.

Your HITDOCS account name, not Your email address, may be displayed to other users when You engage in certain activities on a HITDOCS Platform. Other users may be able to contact You by using the HITDOCS messaging system or by commenting on a HITDOCS Platform.

Any documents that You submit may be redistributed through the internet and other media channels and may be viewed by other HITDOCS users or the general public.

You may also choose to add personal information, which may include Your name, profile picture, or other details, such as company name and Your job title, that may be visible to other users on Your HITDOCS account page. We may provide Your company name and Your job title (if You elected to complete those sections of Your user profile) to third-parties, such as advertising networks and other companies.  This helps in providing advertising on our site that is relevant to you without disclosing your email address.

29.9 Links to Third-Party Sites/Opt-Out for Non-PII Collection for Network Services

We use third-party advertising companies and advertising networks to serve advertisements to You on our behalf when You visit our Website, and to optimize advertisements. These, and other companies may use information (typically not including Your name, address, email address, or telephone number, but sometimes including Your company name and job title gathered from Your HITDOCS profile information) about Your visits to a HITDOCS Platform and other Websites in order to provide advertisements about goods and services of interest to You, as well as to provide us with information that is intended to make our Platforms and Services better, and for other business reasons. They, or we, may do this by using cookies, pixels, and web beacons, among other things. (See, e.g.,http://en.wikipedia.org/wiki/Web_beacons.)

If You would like more information about what many advertising companies and advertising networks do and to know some of Your choices about not having this information used by the companies that are member of the Network Advertising Initiative, please visit http://www.networkadvertising.org/optout_nonppii.asp. We cannot assure that all of our third-party advertising companies and advertising networks are members of the Network Advertising Initiative, or that they comply with the policies of the Network Advertising Initiative.

29.10 Security

We may employ procedural and technological security measures that are reasonably designed to help protect Your personally identifiable information from loss, unauthorized access, disclosure, alteration, or destruction. HITDOCS may use encryption, password protection, and other security measures to help prevent unauthorized access to Your personally identifiable information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES. WE CANNOT, HOWEVER, ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK. ONCE WE RECEIVE YOUR TRANSMISSION OF INFORMATION, WE MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS. HOWEVER, PLEASE NOTE THAT THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR MANAGERIAL SAFEGUARDS. IF WE LEARN OF A SECURITY SYSTEMS BREACH, THEN WE MAY ATTEMPT TO NOTIFY YOU ELECTRONICALLY SO THAT YOU CAN TAKE APPROPRIATE PROTECTIVE STEPS. WE MAY POST A NOTICE ON A HITDOCS PLATFORM IF A SECURITY BREACH OCCURS. DEPENDING ON WHERE YOU LIVE, YOU MAY HAVE A LEGAL RIGHT TO RECEIVE NOTICE OF A SECURITY BREACH IN WRITING.

29.11 Notice to European Users

The information You enter on or through a HITDOCS Platform or otherwise provide to HITDOCS may be transferred outside of the European Union to the United States of America, which does not offer an equivalent level of protection to that required in the European Union. In particular, You are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. Article 26 of the European Union’s Data Protection Directive (Directive 95/46/EC, 1995 O.J. (L 281) 31) allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country’s level of protection. By agreeing to the terms of use and this privacy policy, You consent to the transfer of all such information to the United States of America, which may not offer an equivalent level of protection to that required in the European Union and to the processing of that information by HITDOCS on its servers located in the United States of America as described in this Privacy Policy.

29.12 Correction/Updating Personally Identifiable Information

HITDOCS provides You with the ability to review and correct Your user profile. Information You post in other areas of a HITDOCS Platform may not be deleted. If You wish to review or correct or remove any profile information You have provided to us, You may submit a request to us at the contact email below or access Your account online.

If You have any questions regarding this Privacy Policy please contact us at info_at_hitdocs_dot_com.  Please make sure the subject line states “Privacy Policy Question.”

This Privacy Policy was last updated on Dec 19, 2013

This Privacy Policy is effective as of: Dec 19, 2013