MaxSignatures Terms of Use Agreement
This Terms of Use Agreement applies to use of the MaxSignatures.com website located at http://www.MaxSignatures.com, MaxSignatures (the website) and the MaxSignatures digital signature services (the “Services”) provided through the website or through any other version of MaxSignatures software solutions including application programming interfaces. The website and the digital signature services are the property of MaxSignatures.com (“MaxSignatures”).
By creating an account and/or logging in, Users (A) agree to these terms of use, and (B) represent and warrant that users are age 18 years or older. If users do not agree with these terms or if users are not 18 years or older then do not use the site or service. MaxSignatures reserves the right, at its sole discretion, to change, add or remove portions of these Terms, at any time. It is the Users responsibility to check these Terms each time before using the MaxSignatures.com website. Your continued use of the MaxSignatures.com website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and any such modifications, MaxSignatures grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to use the MaxSignatures.com website and services solely in accordance with these Terms.
1. Grant of Account: This Agreement is not a sale of the Software. MaxSignatures.com grants the purchaser a non-exclusive right to access and use of the Software, as follows: (i) each account purchased is to be used by one (1) signature originator (User). An account allows the User to originate an unlimited number of digitally signed documents during the term of agreement. (ii) Each User may submit each document to an unlimited set of counter parties for digital signature. (iii) During a free trial period or promotional effort, Maxsignatures.com may from time to time restrict, or otherwise place limits on the use of accounts.
2. Registration Customer Accounts: Use of MaxSignatures.com website, and services. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify MaxSignatures.com immediately of any unauthorized use of your account or password, or any other breach of security.
3. Ownership: All trademarks, service marks, copyrights, trade secrets and other know how in or related to the Software are and will remain the exclusive property of MaxSignatures.com and its licensors, whether or not specifically recognized or perfected under local applicable law (New Jersey). User will not acquire any right in the Software except the limited use rights specified in this Agreement.
4. Agreement Conditions: The grant and continuation of this agreement is conditioned on (i) User™s compliance with all of its terms and conditions (ii) payment of all fees when due.
5. Transfer Restrictions: The Agreement is personal to the User. User shall not copy, disclose, use, license, sell or otherwise transfer or use all or any part of the Software or Documentation without the prior written permission of MaxSignatures.com.
6. Modifications: Users agree not to modify, adapt, decompile, disassemble, merge or reverse engineer MaxSignatures.com™s Software.
7. Not Legal Advice: No part of the MaxSignatures.com website or these Terms is intended or shall be construed as legal advice. MaxSignatures.com shall not be held liable, in whole or in part, for any claims or damages arising from such use and that User shall indemnify and hold MaxSignatures.com harmless from any claims for loss, cost, damage, expense or liability arising out of or in connection with any such use and performance.
8. Termination: The Agreement is effective until terminated. This Agreement will terminate automatically without notice from MaxSignatures.com if the User fails to renew account by payment, violates or fails to comply with any provision of this Agreement. Upon termination User’s access to the account will cease to function and user will lose access to account.
9. Limited Warranty and Disclaimer of Liability: This Limited Warranty does not apply to defects due directly or indirectly to misuse, abuse, negligence, accident, repairs or alterations made by User or anyone else other than MaxSignatures.com.
Except for the express warranties stated in this agreement, all warranties of any kind expressed or implied, including without limitation any warranty of merchantability or fitness for a particular purpose , are hereby excluded. MaxSignatures.com shall have no liability with respect to its obligations under this agreement for consequential, exemplary, special or incidental damages resulting from any defect in the product or its documentation including damages from loss of data, downtime, goodwill, damage to or replacement of equipment or property, and any costs of recovering, reprogramming or reproducing any program or data used with MaxSignatures.com™s products.
10. User™s Exclusive Remedy for Breach of Warranty. User’s exclusive remedy for any claims for breach of MaxSignatures.com™s warranty shall be first to notify MaxSignatures.com. At its option, and in its sole discretion MaxSignatures.com shall then (i) repair or replace the non conforming Software, or (ii) refund the purchase price or fee paid by User.
11. Limitation of Liability User agrees that MaxSignatures.com™s liability, whether arising out of contract, negligence, strict liability, warranty, or any other cause of action, shall not exceed any amount paid by User for this Software.
12. General Provisions: The agreement between MaxSignatures.com and User, cannot be modified by any other documents, verbal discussions or customary practice, including purchase orders, advertising or other representations of anyone, unless a written amendment making specific reference to the terms of this Agreement is executed by one of MaxSignatures.com officers. Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to any rules of conflicts of laws that might apply otherwise.
13. Termination of Service: Users agree that MaxSignatures.com may, in its sole discretion and without prior notice to User, may terminate Users access to the MaxSignatures.com website, services and Users account for any reason, including without limitation: (1) any attempts to overcome any software security features limiting use of or protecting any content, (2) discontinuance or material modification of the MaxSignatures.com website or any service offered on or through MaxSignatures.com, (3) any suspected or actual violation of these Terms, (4) suspected or actual copyright infringement, (5) unexpected operational difficulties, (6) inactivity for more than 12 months, or (7) requests by law enforcement or other government agencies. Without limiting any of its rights or remedies, if MaxSignatures.com determines that you have directly or indirectly attempted or committed fraudulent activity with respect to MaxSignatures.com, MaxSignatures.com may immediately suspend or terminate your account. Users agree that MaxSignatures.com will not be liable to User or to any third party for termination of Users account and or services. For purposes of clarity, upon any termination of Users account for any reason, all licenses granted to User hereunder shall immediately terminate, but all other portions of these Terms shall survive such account termination.
14. Execution of Agreements on MaxSignatures.com. Users hereby agree to and accept the following terms and conditions regarding documents, contracts, and agreements (individually an “agreement” and collectively “agreements”) executed using MaxSignatures.com.
Not a Party; Performance by Parties. MaxSignatures.com provides the MaxSignatures.com website as a utility for parties to execute agreements between or among parties other than MaxSignatures.com. When users and any one or more other parties executes an agreement through MaxSignatures.com , only Users and those other parties have rights and duties with respect to such agreement. MaxSignatures.com is not a party to any such agreement, and shall not have any liability or responsibility whatsoever with respect to the validity or enforceability of any such agreement, the breach by any party in the performance of its obligations under that agreement, or failure to obtain the outcome Users were seeking to achieve by entering into any such agreement. The sole customer support function provided by MaxSignatures.com is to answer questions regarding the functions of the MaxSignatures.com website, and MaxSignatures.com will not have any obligation to provide any customer support with respect to the performance by any party to any agreement executed using MaxSignatures.com.
16. Disputes under Agreements: If any dispute arises between or among any parties to an agreement that has been executed using MaxSignatures.com, then MaxSignatures.com shall not have any responsibility or liability whatsoever with respect to that dispute. Without limiting the generality of the foregoing, MaxSignatures.com will not have any obligation to assist in mediating any such dispute, to locate any other party to the agreement, or otherwise to facilitate a resolution of the dispute.
17 Data Retention: Through use of MaxSignatures.com and services copies of agreements or other documents executed by use of the Service or other content, Users are authorizing MaxSignatures.com to digitally embed a user™s signature into a document as well as the digital signature of other parties who provide such authorization, and to distribute copies of the executed version of such agreement to users and such other parties. MaxSignatures.com will not make any other use of such agreements or other documents. Data left in abandoned or terminated accounts will be retained for 30 days after which at the discretion of MaxSignatures.com may be deleted from MaxSignatures.com servers. If data is available, MaxSignatures.com reserves the right to charge for delivery of data left in abandoned or terminated accounts
18. Use of Passwords. Users may not use anyone else’s password or customer account at any time or attempt to gain unauthorized access to the MaxSignatures.com website or Services. Users agree to provide us with accurate, current and complete information about said user and user™s billing/payment information as prompted by the registration process or any conversion and redemption process. Users may update any account information by following the procedures set forth on the website or Application Programming Interfaces. Users may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, index, manipulate, test or monitor any portion of the MaxSignatures.com website or services, or in any way reproduce or circumvent the navigational structure or presentation of the MaxSignatures.com website or services to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the MaxSignatures website or services. Users agree that users will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the MaxSignatures.com website or services or any of the systems or networks comprising or connected to the MaxSignatures.com website or services.
19. Payment for Services, Small Business and Enterprise users: A user of the small business or enterprise version of MaxSignatures.com will pay charges for the services in accordance with the agreement executed when a user subscribes for services. Such Agreement shall be automatically renewed for successive terms of the same length as initially established in such Agreement unless either party delivers a written notice to the other at least thirty (30) days prior to the end of the term then in effect. Document thresholds are based on number of individual documents sent, regardless of whether documents are sent individually or concatenated in packages.
20. Individual Users will pay charges for the Services at the time and in the periodic amounts that are published on the MaxSignatures.com website from time to time. Such charges may be paid by credit card or such other means as is permitted under the rules published from time to time on the MaxSignatures.com website. For monthly subscriptions, user™s credit card will be charged monthly for the next month’s fee. If User cancels a monthly subscription, such cancellation will be effective the following month and no future monthly fee shall be charged. For annual or yearly subscriptions, user™s subscription will expire one year from the subscription date and at that time user will have the opportunity to renew the annual subscription or switch to a monthly subscription.