SIGNiX TERMS OF USE

Welcome to the website of SIGNiX, Inc., a Delaware corporation (“SIGNiX,” “we” or “us”), located on www.signix.com (the “Website”).  The Website allows visitors (“you,” “your,” or “user”) to learn more about the SIGNiX Digital Signature Service (the “SIGNiX Service”), and view, sign or retrieve electronic documents that are made available to you by a SIGNiX customer. The following terms and conditions govern your access and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a visitor, content provider or registered user (collectively, the “Terms and Conditions”).

Authorized Users

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with SIGNiX and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms and Conditions

SIGNiX reserves the right, in its sole and absolute discretion to revise and update these Terms and Conditions, in whole or in part, at any time. Such changes will be effective immediately when we post them, and apply to all access to and use of the Website thereafter.

 Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. 

Accessing the Website

We reserve the right to withdraw or amend this Website, and the SIGNiX Service or materials we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to visitors, including registered users.

 You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.

Account Information, Password and Security

To access the Website or some of the resources it offers, you may be required to register for an account and provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof),  are owned by SIGNiX, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on our Website. If you provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the SIGNiX. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

Trademarks

SIGNiX, the SIGNiX logo, “MyDoX”, "EnterpriseDoX", "PharmaDoX", "eNotaryDoX", "ReadyDoX", "TaxDoX", "TotalAudit", "Independent ESignature" and all related names, logos, product and service names, designs and slogans are trademarks or registered trademarks of SIGNiX or its affiliates or licensors in the United States and in other countries. You may not use such marks without the prior written permission of SIGNiX. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Copyright Infringement

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately.  You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent at 1110 Market Street, Suite 402, Chattanooga, Tennessee 37402, USA, Attn: P. Guerry, and info@signix.com with the information required in 17 U.S.C. § 512(c)(3).  In appropriate circumstances, SIGNiX will terminate the accounts of repeat infringers.

User Contributions

The Website allows users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms and Conditions.

 

You represent and warrant that you own or control all rights in and to any content you post to the Website and that all content you post to the Website complies with these Terms and Conditions and the Content Standards. Further, you grant SIGNiX a non-exclusive, sublicensable right to access, view, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display User Contributions, your name, or any other non-personal information you provide, in any form, media or technology now known or later developed.

You understand and acknowledge that you are responsible for any content you submit or contribute to the Website, and you, not SIGNiX, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Your content and contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations and must not infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; be likely to deceive any person; or impersonate any person, or misrepresent your identity or affiliation with any person or organization.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

Content Standards

All User Contributions must comply with the following standards (the “Content Standards”), and must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Authorized Use of SIGNiX Services

If you are accessing the Website to view, sign or retrieve electronic documents that were made available to you by a customer of the SIGNiX Service, SIGNiX grants you a limited license to access the Website solely to use or learn about the SIGNiX Service. Any and all prohibited uses of the Website or the contents, as set forth below, will terminate the limited license granted to you.

Prohibited Uses

You may only use the Website for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:

 

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • To conduct or promote any activity that is illegal, harmful, disruptive, or distasteful to other users of the Website;
  • To hide or attempt to hide your identity or impersonate SIGNiX, SIGNiX’s employees and licensors, or another user of the Website, or otherwise misrepresent your affiliation with any other person or entity, including without limitation, by using email addresses or screen names associated with any of the foregoing;
  • Sell, reproduce, modify or attempt to modify the content of the Website in any way or reproduce or publicly display, perform, or distribute or otherwise use the content of the Website for any commercial purpose other than the commercial purpose for which such content was intended when posted on the Website;
  • To attempt to gain access to portions of the Website for which you are not authorized to access;
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Website;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • Engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information; and
  • Otherwise attempt to interfere with the proper working of the Website.

Termination and Suspension of Access to the Website

SIGNiX reserves the right, in its sole discretion, to:

 

  • Remove or refuse to post User Contributions for any reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for SIGNiX.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS SIGNiX AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SIGNiX OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SIGNiX OR LAW ENFORCEMENT AUTHORITIES.

 

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Third Party Services

Some services provided through this Website may be provided by third-parties. In many cases, these services are co-branded with SIGNiX. Any information that you provide will be subject to the policies and practices of the third party. SIGNiX makes no express or implied warranties as to the information, material, products or services that are contained on or accessible through such websites. You agree that we have no responsibility for the content of any such linked website(s) and services and acknowledge that your use of such websites will be governed by such terms and conditions of use as may be required by such third parties.

Reliance on Information Posted

This Website includes content and services provided by third parties, including materials provided by other users. All statements and/or opinions expressed in materials provided by third parties are solely the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SIGNiX NOR ANY PERSON ASSOCIATED WITH SIGNiX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE SIGNiX NOR ANYONE ASSOCIATED WITH SIGNiX REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SIGNiX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL SIGNiX, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES,  RELIANCE ON ANY THIRD PARTY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless SIGNiX, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms and Conditions  or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of such state or any other jurisdiction). Venue for all actions related to these Terms and Conditions shall be located in courts located in Chattanooga, Tennessee.  The parties consent to the personal jurisdiction and subject matter jurisdiction of such courts.  Further, the parties waive any defenses of lack of personal or subject matter jurisdiction and improper venue related to the validity, enforceability, and damages and injunctions that may result from breach of these Terms and Conditions.

Waiver of Jury Trial

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Each of the parties acknowledges that this section is a material inducement for the other party to enter into these Terms and Conditions.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

No waiver by SIGNiX of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SIGNiX to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

 

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

 

Entire Agreement

These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and SIGNiX, with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. You may not assign, transfer or sublicense these Terms and Conditions to anyone else and any attempt to do so is in violation of this section and will be null and void.

 

Thank you for visiting our Website.

 

 

 

 

Copyright © 2016 SIGNiX, Inc., 1110 Market Street, Suite 402, Chattanooga, TN  37402. All rights reserved.

 

 

Contact Information

If you have any questions about the TERMS or want to request permission to use SIGNiX Materials, please contact SIGNiX at 1110 Market Street, Suite 402, Chattanooga, TN  37402 or administration@signix.com. All contacts concerning the TERMS and the Materials must be in writing.

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