IntegriSign/ePadLink welcomes you. IntegriSign/ePadLink provides
its services as described herein to you subject to the following terms
and conditions, which may be updated from time to time without notice.
Description of Services
IntegriSign/ePadLink provides a set of services to enable you to electronically sign documents online with a safe and simple approach that reduces the time and costs associated with obtaining a physical signature. IntegriSign/ePadLink’s full set of services are more fully described on IntegriSign/ePadLink’s website http://www.integrisignexpress.com (the “Services”).
Privacy
IntegriSign/ePadLink is dedicated to safeguarding your information. For more information, see our full Privacy Policy. You understand and agree that through your use of IntegriSign/ePadLink Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by IntegriSign/ePadLink and its affiliates.
Security
IntegriSign/ePadLink employs commercially reasonable precautions to maintain the security of the Services, including the use of industry standard encryption methods to prevent unauthorized access to customer documents and account information stored on our servers. The Services also protect information with HTTPS security protocol during transmission to your web browser. Of course, the Services cannot protect any information after it has left the servers hosting the Services. IntegriSign/ePadLink's servers are end-to-end secure providing selectable levels of authentication and mode of signature, including the association with digital certificate information.
Account Registration and Service Use
The Services allow you to either (1) send signature requests without an account for a 30-day trial period ("Paid Services"), or (2) register for a password-protected account to send signature request ("Paid Account"). In both cases, you represent and warrant that all of the information you provide to IntegriSign/ePadLink is true, accurate, and complete, and that you have legal right to use the e-mail address(es) you provide. For registered accounts, you agree to keep your information current by updating your account information. You agree to maintain the confidentiality of your password and account. You are responsible for all activities that occur under your account. If your account remains inactive for more than three months, IntegriSign/ePadLink reserves the right to close your account.
Non-Payment
If payment is not made within thirty (30) days after the payment due date, IntegriSign/ePadLink may impose interest up to the rate equal of one and one-half percent (1 and 1/2%) per month. IntegriSign/ePadLink may change the service fees associated with the Paid Services or Paid Account by written notice to Customer not less than ten (10) days prior to the date the change is to take effect. Further, in the event any sum of money due from Customer to IntegriSign/ePadLink is not paid in a timely manner, IntegriSign/ePadLink shall have the right, in addition to its other rights and remedies, to discontinue providing Services to Customer or terminate this Agreement and all of the obligations of IntegriSign/ePadLink to Customer.
Account Termination
IntegriSign/ePadLink reserves the right to terminate any account that violates the terms of this Agreement, without prior notice. Termination of your IntegriSign/ePadLink account includes (a) removal of access to all service offerings, (b) deletion of your password and all related information, files, and content associated with your account and (c) barring of further use of the Service. Further, you agree that all service terminations for cause shall be made in IntegriSign/ePadLink’s sole discretion and that IntegriSign/ePadLink shall not be liable to you or any third party for any termination of your account, any associated email address, or access to our services.
Communication
You agree that the official time for all transactions using the Service will be the timestamps recorded by the Services’ servers. You also agree that all electronic communications or notices sent to the e-mail address you provide to IntegriSign/ePadLink, placed in your account, or posted on the Web Site will be considered “in writing” and received within five (5) business days of its dissemination. IntegriSign/ePadLink disclaims all responsibility for all failures in communication caused by failures of third parties to properly process or deliver IntegriSign/ePadLink’s electronic communications.
Relationship to Documents
Unless IntegriSign/ePadLink is named as a direct party, IntegriSign/ePadLink’s relationship to all documents and transactions completed using the Service is that of a trusted, disinterested third party. Accordingly, IntegriSign/ePadLink disclaims any representations of any kind regarding the documents or transactions that pass through the Service. You are responsible for recognizing the parties of interest in all transactions you complete using the Service and assessing all associated risks.
Proper Service Use
You agree to comply with the terms and conditions of this Agreement and with all applicable local, state, national, and international laws and regulations and all Internet regulations, policies, and procedures, including all export and other laws regarding the transmission of technical data exported from any country through the Services. You agree that you will not use the Services for illegal purposes, to disrupt to the Services, or to distribute content that violates the privacy, intellectual property or other proprietary rights of any third party, or for purposes that IntegriSign/ePadLink reasonably determines to be unlawful, obscene, defamatory, harassing, fraudulent, abusive, threatening, harmful, vulgar, or otherwise objectionable. You are wholly responsible for the contents of your transactions through the Services.
Maintenance
The Service will occasionally be unavailable during system maintenance and upgrades. IntegriSign/ePadLink will make commercially reasonable efforts to ensure that the Service will be available. However, IntegriSign/ePadLink disclaims all responsibility for any interruptions or problems with the Service caused by external forces affecting the reliability of the Internet or computer systems. IntegriSign/ePadLink shall comply with reasonable industry standards to not disclose data to persons not a party to this Agreement; except (i) as convenient or necessary to perform the Services, (ii) as convenient or necessary for IntegriSign/ePadLink's internal record keeping, internal reporting and support purposes, (iii) to third parties bound by a confidentiality agreement to view Data only for the purpose of assessing IntegriSign/ePadLink for a possible acquisition, (iv) a transfer of substantially all of the assets of IntegriSign/ePadLink, and (v) as required by law, court order, subpoena, judicial or governmental administrative request or order, or to prosecute or defend the rights of IntegriSign/ePadLink in a legal action.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTEGRISIGN/EPADLINK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTEGRISIGN/EPADLINK HAS BEEN ADVISED OF THE POSSIBILITY THEREOF), AND INCLUDING DAMAGES RESULTING FROM: (i) ANY DOCUMENT OR TRANSACTION SENT THROUGH THE SERVICE WHERE INTEGRISIGN/EPADLINK WAS NOT A DIRECT PARTY ; ((ii) THE USE OR INABILITY TO USE THE SERVICE, INCLUDING ERRORS, INTERRUPTIONS OR DELAYS ; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DOCUMENTS OR TRANSMISSIONS ; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. INTEGRISIGN/EPADLINK ’s LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, A SUM EQUAL TO THE AMOUNT OF FEES (IF ANY) PAID FOR USING THE SERVICE UNDER THIS AGREEMENT.
Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:1.YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. INTEGRISIGN/EPADLINK PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. INTEGRISIGN/EPADLINK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2.INTEGRISIGN/EPADLINK DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, (iii) ANY ERRORS ON THE INTEGRISIGN/EPADLINK WEB SITE OR SERVICE WILL BE CORRECTED; AND (iv) THAT DOCUMENTS OR MATERIALS THAT YOU STORE VIA THE SERVICE WILL REMAIN ACCESSIBLE.
3.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTEGRISIGN/EPADLINK, OR THROUGH OR FROM THE INTEGRISIGN/EPADLINK WEB SITE OR SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
5.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Intellectual Property Rights
You acknowledge and agree that IntegriSign/ePadLink owns all right, title and interest in the Service and the web site, including, without limitation, all intellectual property rights. You acknowledge and agree that the Service and the website contain proprietary and confidential information and trade secrets including, but not limited to trademarks, trade names, text, graphics, logos, images, software, and icons, that are protected by U.S. and international intellectual property laws and applicable laws. The use of such trademarks and trade names shall inure to the sole benefit of IntegriSign/ePadLink.
Indemnification of IntegriSign/ePadLink
You agree to indemnify and hold IntegriSign/ePadLink and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services.
Amendment
You are responsible for reviewing the current version of this Agreement periodically, but not less than every three months. IntegriSign/ePadLink may amend this Agreement by (a) posting a revised Agreement on the IntegriSign/ePadLink website, or (b) sending information regarding the amendment to the email address you provide to IntegriSign/ePadLink. Continued use of the Services will be deemed acceptance of the current version of the Agreement.
Terms of Service Agreement
The Terms of Service document constitutes the entire agreement between you and IntegriSign/ePadLink and governs your use of our online services, superseding any prior agreements between you and IntegriSign/ePadLink with respect to them. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other IntegriSign/ePadLink products, services, or third-party content or software.Choice of Law and Forum. The Agreement and the relationship between you and IntegriSign/ePadLink shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and IntegriSign/ePadLink agree to subject to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.
Waiver and Severability of Terms. The failure of IntegriSign/ePadLink to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
No Right of Survivorship and Non-Transferability. You agree that your IntegriSign/ePadLink account is non-transferable.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of IntegriSign/ePadLink services or our Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred