TERMS OF USE
1. ACCEPTANCE OF TERMS
The services that DocuCents™.com provides to you (“User”) are subject to the following Terms of Use (“TOU”). DocuCents™.com reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.
A. DocuCents™ is the property of DWC Direct™, LLC and DocuCents™.com is a wholey owned brand of DWC Direct, LLC. Any use, reference or citation within this TOU to DocuCents™ is likewise a reference to DWC Direct™, LLC as applicable; any and all rights, restrictions, liabilities, duties, obligations, protections or claims that arise out of this TOU relative to DocuCents™ are likewise applicable to DWC Direct™, LLC, its agents, employees, owners, directors, and executives.
B. This Agreement incorporates by reference other contracts, agreements, notices or other materials applicable to use of www.DocuCents™.com, the DocuCents™ App for Windows, and all other software and/or services that comprise DocuCents™ (“DocuCents™ Services”), including, but not limited to, the DocuCents™ user Contract and the DocuCents™ Vendor Agreement, and supplemental terms and conditions thereto (“Supplemental Terms”) as applicable from time to time governing the use of DocuCents™ Services. This TOU sets forth the terms and conditions that apply to use of the DocuCents™ Services by User. By accessing and using the DocuCents™ Services, User accepts the terms and conditions of this Agreement. THIS IS A LEGAL AGREEMENT BETWEEN THE USER, AND DocuCents™.com (“DocuCents™.com”). BY ACCESSING ANY DocuCents™ SERVICES, USER IS AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE WITH THESE TERMS, DO NOT ACCESS DocuCents™ SERVICES. The right to use the DocuCents™ Services is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (with any DocuCents™ application or website and under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
C. DocuCents™.com shall have the right at any time to change or discontinue any aspect or feature of DocuCents™ Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
DocuCents™.com shall have the right at any time to change or modify the terms and conditions applicable to User’s use of the DocuCents™ Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.DocuCents™.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the DocuCents™ Services by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
User’s access to and use of the Service is subject to all applicable federal, state, and local laws and regulations. In addition, user may be subject to and bound to additional legal procedures as may become effective from time to time due to legislative or regulatory changes. It is user’s duty to ensure compliance with the law at all times.
2. DESCRIPTION OF SERVICE AND GUARANTEE
Through its Web and Windows Application property, DocuCents™.com provides User with access to a variety of resources, which may include download areas, document delivery with proof of service and EAMS E-FILINGS (collectively “Services” and each a “Service”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web and Windows Application properties, are subject to the TOU.
User acknowledges that any subsequent augmentation, enhancement, or change to any Service, including the release of new Services or Applications, shall be subject to this Agreement, as amended from time to time. By accessing and using the Service, User acknowledges, understands and agrees that the Service is provided “AS IS” and that DocuCents™.com does not and can not assume any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, documents or personalization settings except as may otherwise be herein provided.
3. EQUIPMENT
Use of all DocuCents™ Services requires a connection to the World Wide Web. User shall be responsible for obtaining and maintaining access to the World Wide Web, either directly or through devices that access web-based content, and user must pay any service fees associated with such access. In addition, User must provide all equipment necessary to make the connection to the World Wide Web, such as computer, modem, or other access device. User shall also be responsible for all telephone, computer hardware, software and other equipment needed for access to and use of the DocuCents™ Services and all charges related thereto.
4. FEES
The use of the Services entails a service charge for each transaction. Fees and charges as applicable are listed in your DocuCents™ Contract and on www.DocuCents™.com. Fees and charges may change from time to time, and without notice. Any such change to fees or charges supersede what may be on your DocuCents™ Contract. Final completion of any transaction under this Agreement is considered acceptance of said charges or fees and is User’s agreement to pay same.
User hereby grants to DocuCents™.com a Limited Power of Attorney to execute a Proof of Service on User’s behalf and to serve any documents submitted to DocuCents™ via US Mail, electronic service, or any other means permitted under applicable law, as applicable under the terms of User’s DocuCents™ Contract and as available under the laws of the controlling jurisdiction. User further agrees that any and all legal service of documents on litigation case parties conducted or arranged through the DocuCents™ Service is legally enforceable as though such service of documents were made in full compliance with Code of Civil Procedure section 1013, Code of Civil Procedure 1010.6 and, if applicable, Title 8, California Code of Regulations section 10505 et. seq (all as may be amended from time to time, including replacement statutes or regulations). User further agrees that any technical requirements under such sections affording a defense relating to receipt of documents served through DocuCents™, which may arise out of the failure of any of the DocuCents™ Services, is hereby waived. User acknowledges and agrees to the responsibility to retrieve any documents served through DocuCents™ from other parties upon the User.
User further agrees that any and all use of data or information from the Service shall be used only in conformance with applicable state or federal statute or regulation, and that user remains solely and personally responsible for the safe and authorized use of such data or information, agreeing to hold harmless and indemnify DocuCents™.com and any related Vendor of Services from any unauthorized or illegal use.
5. ACCOUNT AND PAYMENT OBLIGATIONS
In consideration of User’s use of the Services, User agrees to: (a) provide true, accurate, current and complete information about User and/or User’s organization as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, or DocuCents™.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DocuCents™.com has the right to suspend or terminate User’s account and refuse any and all current or future use of the Service or any portion thereof.
To cancel, User must provide DocuCents™.com with a request for cancellation in writing, confirmed received by DocuCents™.com.
User further agrees to provide DocuCents™.com with a valid credit card number and authorizes any and all charges from any and all services, including but not limited to submissions made through an approved Vendor, to be automatically charged via credit card no less than monthly and as frequently as daily, depending on volume and available credit. No additional notice or consent will be required for charges to User’s credit card or account by DocuCentrs.com. User will advise DocuCents™.com of any changes to User’s credit card account, such as account number or expiration date changes. It is the Users responsibility to maintain a valid credit card on file at all times.
Time is of the essence for payment; therefore, DocuCents™.com may assess an additional administrative fee of fifty dollars ($50) for any credit card payment that is declined. Notice of any disputes must be in writing and received by DocuCents™.com at DocuCents™.com’s address within thirty days after the invoice date or User is deemed to have waived any objection.
6. USER CONDUCT
User agrees not to use the Service for any unlawful or abusive purpose or in any manner that may interfere with the ability of DocuCents™.com to provide Service to User, or that damages DocuCents™.com’s property. User agrees not to use the Service for any illegal activities. User has no ownership rights to the DocuCents™ Services. If User suspects a Service is fraudulently used or used without User authorization, User must immediately notify DocuCents™.com. DocuCents™.com has the right to interrupt or restrict access to User’s account, without notice to User, if DocuCents™.com suspects fraudulent or abusive activity. User agrees to cooperate with DocuCents™.com in any fraud investigation and to use any fraud prevention measures DocuCents™.com prescribes. User should change their password once each month or more frequently if desired. Upon termination of the Service, User’s right to use the Service immediately ceases and User shall have no right to any content or data stored, read or unread, or unsent messages and DocuCents™.com will have no obligation thereafter to forward any unread or unsent messages or other content to User or any third party.
The DocuCents™ Services contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the DocuCents™ Services are copyrighted as a collective work under the United States copyright laws. DocuCents™.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of DocuCents™.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
The foregoing provisions of this Section are for the benefit of DocuCents™.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. HIPPA
User acknowledges that User may come into contact with, or may acquire knowledge of, personally identifiable information and/or medical information that may be otherwise protected from disclosure by Federal or State law and not exempted by such law in the course of workers’ compensation litigation. User will not use or disclose protected health information created or received during the course of using the Service except as permitted by law. User hereby agrees to maintain the security and privacy of all protected health information in a manner consistent with California and federal laws and regulations, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Regulations thereunder, and all other applicable Federal or State law. User understands that circumstances beyond the control of DocuCents™.com may cause the accidental disclosure of such protected information (e.g. a truck carrying documents crashes and documents are dislodged), and User agrees to hold harmless DocuCents™.com for the consequences of such accidental disclosure.
8. MEMBER ACCOUNT, PASSWORD AND SECURITY
User will receive a password and account designation upon completing the Service’s registration process. User is responsible for safeguarding the confidentiality of the password and account, and is fully responsible for all activities that occur under User’s password or account. User agrees to (a) immediately notify DocuCents™.com of any unauthorized use of password or account or any other breach of security, and (b) ensure the exit from account at the end of each session.
DocuCents™.com can not be and will not be liable to user or any third party for any loss or damage arising from User’s failure to safeguard the confidentiality of both the account and password. It is the User’s responsibility to ensure that all information submitted for the purpose of transmitting data to other members and for the service of documents in litigation settings is accurate, and timely. DocuCents™.com will not assume any liability for information that is incorrect and which results in the miscommunication, misservice, erroneous mailing, misfiling or misdirection of forms or data, or the failure to transmit forms or data as a consequence of User or input error.
9. E-DELIVERY
DocuCents™ shall utilize electronic delivery to recipients of the delivery submissions if the recipients are customers or users of DocuCents™, and have agreed to accept documents electronically. User is therefore agreeing to allow DocuCents™ to deliver electronically when it’s permissive by the addressee (receiver).
9.a. California Workers’ Compensation
When User is the recipient/addressee, User agrees to receive documents delivered through the DocuCents™ Services by OTHER parties (whether affiliated with DocuCents™ in any manner or not), and hereby agrees to accept as legal service documents delivered electronically to User through DocuCents™ in accordance with Code of Civil Procedure Section 1010.6. By agreeing to these Terms and Conditions and using the DocuCents™ Services, User also specifically agrees to accept “electronic service” of documents through DocuCents™.com’s on any and all Actions as defined by Code of Civil Procedure 1010.6(a)(2). In addition User agrees that electronic service through DocuCents™ satisfies California Labor Code section 5307.8, California Code of Regulations, Title 8, section 10608 all as may be amended or referenced from time to time, and all other related laws governing, referencing or relating to service of legal documents electronically.
User hereby grants to DocuCents™ a Limited Power of Attorney to execute a Proof of Service on your behalf and to serve any documents submitted to DocuCents™ Services by US Mail, electronic delivery, or other service process available under the laws of the controlling jurisdiction. User further agrees that any and all service of documents conducted or arranged through DocuCents™ Services is legally enforceable as though such service of documents were made in full compliance with applicable statute or regulation governing the legal service of documents (all as may be amended from time to time, including replacement statutes or regulations). User further agrees that any technical requirements under such sections affording a defense relating to service of documents, which may arise out of the failure of the service is hereby waived. User acknowledges and agrees that it is your responsibility to retrieve any documents, which have been served on you through the Service.
User further agrees that service of any Subpoena Duces Tecum or Notice of Deposition, as applicable under California Code of Civil Procedure sections 2020.220(c) and 1987(a) and related sections or regulations is satisfied and enforceable when such service is effected through the DocuCents™ Services.
10. INDEMNITY
User agrees to indemnify and hold DocuCents™.com, its subsidiaries, affiliates, officers, agents, co-brands or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of transactions submitted, posted to or transmited through the DocuCents™ Services, use of the DocuCents™ Services, connection to the DocuCents™ Services, User’s violation of this TOU, or User’s violation of any rights of another person or entity related to or arising out of the DocuCents™ Services.
11. NO RESALE OF SERVICE
User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any DocuCents™ Service, including but not limited to any portion thereof, or any use of, or access to any DocuCents™ Services.
12. PRACTICES REGARDING USE AND STORAGE OF INFORMATION
User acknowledges that DocuCents™.com may establish general practices and limitations concerning use of the Service, including but not limited to the maximum number of days that transactions and related activities will be retained by the Service, the maximum number of transactions that may be sent from or received by an account on the Service, the maximum size of any transaction that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on DocuCents™.com’s servers on User’s behalf, and the maximum number of times (and the maximum duration for which) User may access the Service in a given period of time. User agrees that DocuCents™.com has no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Service. User acknowledges that DocuCents™.com reserves the right to log off accounts that are inactive for an extended period of time. DocuCents™.com reserves the right to change these general practices and limitations at any time, in its sole discretion, with or without prior notice.
13. MODIFICATIONS TO SERVICE
DocuCents™.com reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Services or any part thereof, with or without notice. User agrees that DocuCents™.com shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Service.
14. DOCUCENT’S RIGHT TO TERMINATION
DocuCents™.com reserves the right, in its sole discretion, to terminate User’s password, account, or any part thereof, or the use of the Services, and remove and discard any Content, for any reason, including, without limitation, for lack of use over an extended period of time, or if DocuCents™.com believes that User has violated or acted inconsistently with the letter or spirit of this Agreement, or may be in violation of applicable laws or regulations. DocuCents™.com may also, in its sole discretion and at any time, discontinue providing the DocuCents™ Service, or any part thereof, with or without notice. User agrees that any termination of access to any DocuCents™ Services under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that DocuCents™.com may immediately deactivate or delete User’s account and all related information and files in User’s account and/or bar any further access to such files or the Service. Further, User agrees that DocuCents™.com shall not be liable to User or any third-party for termination of access to the DocuCents™ Services or the loss of information, content, messages, or other communications submitted, posted, transmitted by, or maintained by the DocuCents™ Service. User agrees that use of the DocuCents™ Services are solely at User’s own risk and agrees to assume those risks and all consequences thereof.
15. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the DocuCents™ Services (“Software”) is the copyrighted work of DocuCents™.com and/or its suppliers. Use of the Software is governed by the terms of this Agreement, and/or any End User License Agreement which may accompany the Software (“License Agreement”). An end user shall not install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms and this Agreement.
Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT AND THIS AGREEMENT. EXCEPT AS WARRANTED IN WRITING, DocuCents™.com HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR USER’S CONVENIENCE, DocuCents™.com MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. DocuCents™.com DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
16. DISCLAIMER OF WARRANTIES
USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
a. USE OF THE SERVICE IS AT USER’S OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DocuCents™.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY, OR ACCURACY.
b. DocuCents™.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET USER REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICE WILL MEET USER EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM DocuCents™.com, OR THROUGH OR FROM ANY OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
e. DocuCents™.com CAN NOT ASSURE THAT ANY PARTY TO WHOM SERVICE OF A LEGAL DOCUMENT IS MADE ACTUALLY RECEIVES OR ACKOWLEDGES RECEIPT OF ANY DOCUMENT. USER EXPRESSLY WAIVES ANY AND ALL LIABILITIES OR CLAIM OF LIABILITIES OR DAMAGES AGAINST DocuCents™.com FOR THE FAILURE OF A PARTY TO RECEIVE OR ACKNOWLEDGE RECEIPT OF A DOCUMENT SERVED THROUGH THE SERVICE.
17. LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT DocuCents™.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY (EVEN IF DocuCents™.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT A USER’S DATA, INFORMATION, OR COMPUTER EQUIPMENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
USER EXPRESSLY AGREES THAT USE OF WWW.DocuCents™.com IS AT USER’S SOLE RISK. NEITHER DocuCents™.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS OR LICENSORS WARRANT THAT WWW.DocuCents™.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WWW.DocuCents™.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WWW.DocuCents™.com.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT DocuCents™.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
THIS SITE MAY CONTAIN LINKS TO OTHER SITES ON THE INTERNET THAT ARE OWNED AND OPERATED BY THIRD PARTY PROVIDERS AND OTHER THIRD PARTIES (“EXTERNAL SITES”). USER ACKNOWLEDGES AND AGREES THAT DocuCents™.com IS NOT RESPONSIBLE FOR THE AVAILABILITY OF, OR THE CONTENT LOCATED ON OR THROUGH ANY EXTERNAL SITE. USER SHOULD CONTACT THE WEBMASTER OR SITE ADMINISTRATOR FOR SUCH EXTERNAL SITE IF USER HAS CONCERNS REGARDING SUCH LINKS OR THE CONTENT LOCATED ON SUCH EXTERNAL SITE.
USER EXPRESSLY UNDERSTANDS AND ACKNOWLEDGES THAT IT IS USER’S RESPONSIBILITY TO ENSURE THAT ALL INFORMATION AND DATA SUBMITTED IN ANY GIVEN TRANSACTION IS ACCURATE AND THAT ALL DELIVERY INSTRUCTIONS RELATIVE TO ANY GIVEN TRANSACTION ARE CORRECT. USER EXPRESSLY UNDERSTANDS AND ACKNOWLEDGES THAT IT IS NOT THE JOB OR OBLIGATION OF PROVIDER TO CHECK THE ACCURACY OF ANY INFORMATION OR DATA THAT IS SUBMITTED THROUGH THE SERVICES AND THAT DocCents.com CAN NOT AND SHALL NOT BE LIABLE FOR ANY FAILURE TO DELIVER OR SERVE ANY DOCUMENTS SUBMITTED THROUGH THE SERVICE WHERE ANY INFORMATION, DATA, OR DELIVERY INSTRUCTIONS IS EITHER NOT ACCURATE OR CORRECT.
USER FURTHER EXPRESSLY UNDERSTANDS AND ACKNOWLEDGES THAT NEITHER DocuCents™.com NOR VENDOR CAN BE RESPONSIBLE FOR, NOR HAVE ANY LIABILITY FOR, USER PRINTING, FILING AND/OR SERVING ANY DOCUMENTS DOWNLOADED OR SAVED FROM THE SERVICES. USER UNDERSTANDS AND ACKNOWLEDGES THAT DOCUMENTS PREPARED FOR SUBMISSION TO THE WCAB EAMS SYSTEM REQUIRE EXACTING SPECIFICATIONS AND THAT ANY FAILURE TO MEET THESE EXACTING SPECIFICATIONS MAY RESULT IN DOCUMENT REJECTION OR FILING DELAY. USER ASSUMES ALL RESPONSIBILITY AND LIABILITY FOR PRINTING, FILING AND SERVING DOCUMENTS ON THEIR OWN.
IF USER IS USING THE SERVICE’S AUTOMATED BULK UPLOAD SYSTEM IT IS THE USER’S RESPONSIBILITY TO ENSURE THAT ALL DATA PASSES VALIDATION REQUIREMENTS. USER ASSUMES ALL RESPONSIBILITY AND LIABILITY IF USER FAILS TO ENSURE THAT ALL DATA MEETS ALL VALIDATION REQUIREMENTS. DocuCents™.com CAN NOT NOR WILL NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR USER BULK UPLOAD OF DATA.
FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO USER.
19. MONITORING
DocuCents™.com shall have the right, but not the obligation, to monitor the content of www.DocuCents™.com to determine compliance with this Agreement and any operating rules established by DocuCents™.com and to satisfy any law, regulation or authorized government request. DocuCents™.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on www.DocuCents™.com. Without limiting the foregoing, DocuCents™.com shall have the right to remove any material that DocuCents™.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable
20. COPYRIGHT NOTICE
DocuCents™.com and its logos are trademarks of DWC Direct, LLC. All rights reserved. All other trademarks appearing on DocuCents™.com are the property of their respective owners.
21. APPLICABLE LAW AND VENUE FOR DISPUTES
The construction, interpretation, and enforcement of this Contract shall be governed by the laws of the State of California. User expressly consents that the Courts of the State of California shall have jurisdiction over this Contract, the parties and any disputes arising there from, and that the sole venue for any legal recourse shall be the Superior Court for the County of Ventura, California.
