SECTION 1
GENERAL DISCLAIMERS
1.1 Agreement between user and DocsDecoded.
Welcome to DocsDecoded. This website is owned, operated and provided to You exclusively by DocsDecoded, a d/b/a of ShellBack Group LLC. Throughout our Terms & Conditions we will be referred to as “DocsDecoded” and the term user which includes both users browsing this website and members using our services will be referred to as “You”.
1.2 You agree to be bound.
By using the DocsDecoded website or any DocsDecoded applications or application plug-ins, You agree to comply and be bound by our Terms of Use, Privacy Policy and all other applicable laws and regulations, including United States export and re-export control laws and regulations. If You do not agree to these Terms of Use, please do not use the DocsDecoded website or services. While we do our best to provide optimal services You agree that You have carefully read and understood the warranty clause explained in section 7 below.
1.3 Assumption of risk.
You are using this site at your own risk. DocsDecoded is not responsible for any loss, injury, claim, liability, or damage related to your use of our website or services.
1.4 Not a law firm.
DocsDecoded is not a law firm, and DocsDecoded’s employees are not acting as your attorney. DocsDecoded does not practice law, does not give legal advice, and is not a substitute for an attorney or law firm.
1.5 What we provide.
Our services are targeted exclusively for informational purposes, on commonly encountered confusing terms. The information we provide does not necessarily represent the opinion of DocsDecoded. We only provide self-help services. DocsDecoded is not responsible for the use or interpretation of information we offer and expressly disclaim all liability for any actions You take or do not take. We provide you a general idea of what your document says, but we’re not going to tell you what we think you should do in your situation – because we don’t know about your situation.
1.6 What we do not provide.
We do not provide legal advice; draw legal conclusions; apply the law to the language of your document; explain or recommend legal rights or strategies nor guarantee any legal interpretation from using our services.
1.7 Non-reliance.
You should not act or decline to act, based on information we provide without first consulting a licensed attorney for any legal concerns.
1.8 No client-attorney relationship.
Using DocsDecoded does not create an attorney-client relationship-this means communications between You and DocsDecoded are protected by our Privacy Policy but not by any attorney-client privilege or work-product doctrine. DocsDecoded reserves the right to refuse service for any reason.
1.9 Changes to the Terms of Use.
DocsDecoded reserves the right in its sole discretion to change the Terms of Use at anytime without notice to You. The most current version of the Terms of Use will supersede all previous versions. It is your responsibility to review these Terms of Use periodically to stay informed of our updates.
1.10 At least 18 years of Age.
You agree that You are at least 18 years of age and that You are legally able to enter into a binding legal contract.
1.11 International Users.
DocsDecoded LLC is operated from our office based in Texas located within the United States. If You access our services from a location outside of the United States, You are responsible for compliance with all local laws. You agree that You will not use our website or services in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 2
FEES AND PAYMENTS
2.1 Changes to Plans and prices.
DocsDecoded reserves the right to periodically offer different plans, subscription terms, and rates.
2.2 Refunds.
Unless You notify DocsDecoded of a cancellation prior to monthly scheduled payment or a review of any uploaded per document review for which You have paid, no refund will be issued. If DocsDecoded is unable to fulfill your requested document review due to infeasibility based on these Terms of Use or in its sole discretion, DocsDecoded will refund the applicable amount paid (plus tax), but will not be liable or responsible for paying any additional amounts. DocsDecoded does not refund initiation fees for any reason.
SECTION 3
OWNERSHIP/ INTELLECTUAL PROPERTY
3.1 Ownership rights / Intellectual Property to the website.
This website is owned and operated by DocsDecoded. All right, title and interest in and to the website materials, including, but not limited to, information, documents, logos, graphics, sounds and images, are owned by DocsDecoded. Nothing on this website should be construed to confer any license of DocsDecoded’s intellectual property. DocsDecoded reserves all rights to its owned content, website materials, and intellectual property.
3.2 Ownership rights/Intellectual Property to the end product.
Although you retain the rights to your original documents, all the information content as provided as the end product of our services is the property of DocsDecoded protected by intellectual property. DocsDecoded grants a non-exclusive, non-transferable, revocable license to access and use the end product of our services, strictly for your personal and business use only and not for resale. You agree to use the end product only as provided under these Terms of Use and You agree to make no other use of the content without the express written consent of DocsDecoded. Any documents You submit to DocsDecoded may be used by us to build our Comparison Database, for research and development, and for testing purposes, all of which help us better serve You. However, any and all personal and confidential information will be removed and redacted from the document(s) prior to its use. The document(s) original content will only be used internally by Docsdecoded and will never be provided to third parties, unless compelled by law.
SECTION 4
LINKS TO THIRD PARTY SITES
4.1 No responsibility for third party links.
Our website and communications may contain links to third-party websites. We are not responsible for, and do not endorse or accept any responsibility for, the availability, contents, products, services or use of such third-party websites.
4.2 You assume the risk.
You expressly accept and understand to bear all risks when accessing third-party links or content and You agree not to hold DocsDecoded liable for any loss or damage suffered as a result of any dealings with any third party.
SECTION 5
ARBITRATION
5.1 Customer concerns.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing our Docsdecoded directly.
5.2 Arbitration.
Any controversy or claim arising out of or relating to this Agreement or DocsDecoded Site or Service will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
5.3 Individual claim.
Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
5.4 Jurisdiction.
The arbitration will be conducted in the County of Collin, Texas, and judgment on the arbitration award may be entered by any court having jurisdiction thereof.
5.5 Interim or preliminary relief.
Either User or DocsDecoded may seek any interim or preliminary relief from a court of competent jurisdiction in the County of Collin, Texas, necessary to protect the rights or property of the User or DocsDecoded pending the completion of arbitration.
5.6 Arbitration dismissed.
This arbitration clause does not prohibit either DocsDecoded or User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within the County of Collin, Texas.
SECTION 6
ADDITIONAL TERMS
6.1 Security.
DocsDecoded cannot make an absolute guarantee of our system security, but DocsDecoded does take reasonable, substantial steps to secure our website and client information. Please contact DocsDecoded immediately if You suspect our security has been breached.
6.2 Right to prevent security threats.
If DocsDecoded finds that a user’s data threatens the security or business operations then DocsDecoded reserves the right to delete such data and refuse such user access to the DocsDecoded’ website and services. In such cases, DocsDecoded will contact the member as soon as it is feasible.
6.3 Right to refuse service.
DocsDecoded reserves the right to refuse service to anyone for any reason and to cancel user access and membership at any time.
6.4 Children.
Minors are not eligible to use our website. Minors should not submit personal information to us; if they do, we will promptly delete it.
6.5 Severability.
Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. If possible, any unenforceable provision within this Agreement will be modified to reflect the parties’ original intention.
6.6 Passwords and Security.
Certain aspects of the Web Sites may require registration. You agree that if you are issued a username and password in connection with access to or use of any of the Web Sites, you are responsible for keeping such information secret and strictly confidential. You accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications, submissions or financial obligations. You are responsible for changing your password if you believe that your password or user name has been lost, stolen or might otherwise by misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you.
SECTION 7
NO WARRANTY
7.1 No warranty.
ANY DOCUMENTS AND MATERIALS REVIEWED AND RETURNED TO YOU OR OTHER MEMBERS ARE PROVIDED WITH NO WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, DOCSDECODED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THE FOLLOWING SPECIFIC WARRANTIES: (A) THAT THE WEBSITE OR THE END PRODUCT WILL MEET YOUR REQUIREMENTS; (B) THAT THE END PRODUCT WILL BE ERROR-FREE; (C) THAT THE WEBSITE WILL BE AVAILABLE ON AN ERROR-FREE, UNINTERRUPTED, TIMELY, AND SECURE BASIS; (D) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR END PRODUCTS WILL BE ACCURATE OR RELIABLE; OR (E) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
7.2 Assumption of risk for documents obtained.
YOU UPLOAD OR OBTAIN ANY END PRODUCT FROM THE DOCSDECODED WEBSITE AT YOUR OWN RISK AND DISCRETION.DOCSDECODED WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING FROM ANY CONTENT OR DOCUMENT UPLOAD OR DOWNLOAD.
SECTION 8
LIMITATION OF LIABILITY AND INDEMNIFICATION
8.1 Paragraph survives.
THIS PARAGRAPH WILL SURVIVE TERMINATION OF THIS AGREEMENT.
8.2 Indemnity.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DOCSDECODED AND ITS AFFILIATES, PARTNERS, AGENTS, EMPLOYEES, OWNERS, OFFICERS, DIRECTORS, OTHER REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY “DOCSDECODED’S PARTIES”) FROM AND AGAINST ANY LOSSES, LIABILITIES, DAMAGES, CLAIMS, DEMANDS, SUITS, AND JUDGMENTS ARISING OUT OF OR RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE.
8.3 Limitation of Liability.
IN NO EVENT WILL DOCSDECODED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING LOSS OF PROFITS, LEGAL FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL), EVEN IF THE DOCSDECODED’S PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.4 Limitations of liability if found liable.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE MONTHLY AMOUNT PAID FOR THE PRODUCTS OR SERVICES.
8.5 Claims covered.
SECTION 8 APPLIES TO ALL LEGAL MATTERS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION A) ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT, B) THE USE OF DOCSDECODED’S SERVICES, C) AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY YOU, OR D) ANY VIOLATION BY YOU OF ANY GOVERNMENT, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF DOCSDECODED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SECTION 9
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
9.1 Agreement to follow the law.
When utilizing DocsDecoded’ services, You agree to comply with all intellectual property and trademark laws.
9.2 Responsibility for legal violations.
You are solely responsible for violations of any relevant laws and any infringements of any third party rights.
9.3 Termination of service.
DocsDecoded retains the right to suspend or terminate a user’s access to the website or DocsDecoded’s services if the user has infringed the rights of a third party or DocsDecoded, or if the user has violated any intellectual property or trademark laws.
SECTION 10
INAPPROPRIATE OR ILLEGAL CONTENT
10.1 No illegal or inappropriate contracts.
DocsDecoded reserves the right not to review documents that are illegal or inappropriate, as determined by DocsDecoded’s sole discretion.
10.2 No illegal or inappropriate use of services.
You agree not to use the DocsDecoded website for any purpose that is unlawful, prohibited by these Terms of Use or anything which is deemed inappropriate by DocsDecoded in its sole discretion.
10.3 Cooperation with law enforcement.
DocsDecoded will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
SECTION 11
GOVERNING LAW
11.1 Governing Law and Exclusive Venue.
Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration section contained in paragraph 5 of these Terms of Use.
SECTION 12
COMPLIANCE WITH EXPORT RESTRICTIONS
12. Compliance with Export Restrictions.
You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
SECTION 13
CUSTOMERS NEEDING EXTRA ASSISTANCE
13. Customers needing extra assistance.
DocsDecoded aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the DocsDecoded website, or otherwise have difficulties using the DocsDecoded website, please call (888) 246-6938 and Docsdecoded will assist you.