Effective: July 25, 2024
Thank you for using our services! These terms of service ("Term")
cover your use and access to our services, client software, and
websites ("Services"). By using our Services, you agree to be
bound by these Terms and our Privacy Policy. If you are using our
Services for an organization, you are agreeing to these Terms on
behalf of that organization.
Your Information and Your Permissions
When you use our Services, you provide us with things like your
files, content, messages, contacts, and so on (your information).
Your information is yours. These Terms do not give us any rights
to your information except for the limited rights that enable us
to offer the Services.
Our Services also provide you with features like eSign, file
sharing, email newsletters, appointment setting, and more. These
and other features may require our systems to access, store, and
scan your information. You give us permission to do those things,
and this permission extends to our affiliates and trusted third
parties we work with.
Your Responsibilities
You are responsible for your conduct. Your information and you
must comply with applicable laws. Content in the Services may be
protected by others' intellectual property rights. Please do not
copy, upload, download, or share content unless you have the right
to do so. We may review your conduct and content for compliance
with these Terms. With that said, we have no obligation to do so.
We are not responsible for the content people post and share via
the Services.
Help us keep you informed and your information protected.
Safeguard your password to the Services, and keep your account
information current. Do not share your account credentials or give
others access to your account.
You may use our Services only as permitted by applicable law,
including export control laws and regulations.
Our Information
The Services are protected by copyright, trademark, and other US
and foreign laws. These Terms do not grant you any right, title,
or interest in the Services, others' content in the Services,
protecterc, and our trademarks, logos, and other brand
features. We welcome feedback, but note that we may use comments
or suggestions without any obligation to you.
Copyright
We respect the intellectual property of others and ask that you do
too. We respond to notices of alleged copyright infringement if
they comply with the law, and such notices should be reported to
info@protecterc.com. We reserve the right to delete or disable
content alleged to be infringing and terminate accounts of repeat
infringers.
Termination
You are free to stop using our Services at any time. We reserve
the right to suspend or terminate your access to the Services with
notice to you if:
(a) you are in breach of these Terms,
(b) you are using the Services in a manner that would cause a real
risk of harm or loss to us or other users, or
We will provide you with reasonable advance notice via the email
address associated with your account to remedy the activity that
prompted us to contact you and give you the opportunity to export
your information from our Services. If after such notice you fail
to take the steps we ask of you, we will terminate or suspend your
access to the Services.
We will not provide notice before termination where:
(a) you are in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our
ability to provide the Services to our other users, or
(c) we are prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services in response to
unforeseen circumstances beyond protecterc's control or to
comply with a legal requirement. If we do so, we will give you
reasonable prior notice so that you can export your information
from our systems.
Services "AS IS"
We strive to provide great Services, but there are certain things
that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW,
protecterc AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE
NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE
SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. Some places do not allow the disclaimers in this
paragraph, so they may not apply to you.
Limitation of Liability
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE
ILLEGAL TO DO SO-THIS INCLUDES ANY LIABILITY FOR protecterc OR
ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING
THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS
ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND
DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO
USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH
YOU. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE
WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE
ALLOWED, protecterc, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS
WILL NOT BE LIABLE FOR:
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, OR
PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR
LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT protecterc
OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF
SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE
PURPOSE, protecterc, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS
WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF
BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
protecterc AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE
CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
Resolving Disputes
Let's Try To Sort Things Out First. We want to address your
concerns without needing a formal legal case. Before filing a
claim against protecterc or our affiliates, you agree to try to
resolve the dispute informally by contacting
info@protecterc.com. We will try to resolve the dispute
informally by contacting you via email.
Judicial forum for disputes. You and protecterc agree that any
judicial proceeding to resolve claims relating to these Terms or
the Services will be brought in the federal or state courts of
Texas, subject to the mandatory arbitration provisions below. Both
you and protecterc consent to venue and personal jurisdiction
in such courts.
We Both Agree To Arbitrate. You and protecterc agree to resolve
any claims relating to these Terms or the Services through final
and binding arbitration by a single arbitrator. This includes
disputes arising out of or relating to interpretation or
application of this "Mandatory Arbitration Provisions" section,
including its enforceability, revocability, or validity.
Arbitration Procedures. The American Arbitration Association (AAA)
will administer the arbitration under its Commercial Arbitration
Rules and the Supplementary Procedures for Consumer Related
Disputes. The arbitration will be held in the United States county
where you live or work, Texas, or any other location we agree to.
NO CLASS ACTIONS. You may only resolve disputes with us on an
individual basis and may not bring a claim as a plaintiff or a
class member in a class, consolidated, or representative action.
Class arbitrations, class actions, private attorney general
actions, and consolidation with other arbitrations are not
allowed. If this specific paragraph is held unenforceable, then
the entirety of this "Mandatory Arbitration Provisions" section
will be deemed void.
Controlling Law
These Terms will be governed by California law except for its
conflicts of laws principles. However, some countries (including
those in the European Union) have laws that require agreements to
be governed by the local laws of the consumer's country. This
paragraph does not override those laws.
Entire Agreement
These Terms constitute the entire agreement between you and
protecterc with respect to the subject matter of these Terms
and supersede and replace any other prior or contemporaneous
agreements or terms and conditions applicable to the subject
matter of these Terms. These Terms create no third-party
beneficiary rights.
Revised Waiver, Severability & Assignment Terms
At protecterc, failure to enforce a particular provision does
not mean that we waive our right to enforce it later. If a
provision is deemed unenforceable, the remaining terms of the
agreement will continue to remain in effect, and we will
substitute the unenforceable provision with one that reflects our
intentions as closely as possible. Please note that you cannot
assign any of your rights under these Terms, and any attempt to do
so will be considered invalid. However, we reserve the right to
assign our rights to any affiliates, subsidiaries, or any
successor in interest of any business associated with the
Services.
Modifications Terms
We are committed to providing the best possible services to our
users, which may require us to revise these Terms from time to
time. Such revisions may be made to reflect changes in the law,
new regulatory requirements, or improvements and enhancements made
to our Services. If any modification affects your use of the
Services or your legal rights, we will notify you before the
effective date of the update. We will send you an email to the
email address associated with your account or send you an
in-product notification. Please note that the updated terms will
take effect no less than 30 days from when we notify you.
