DocVerify | Terms of Use

The following Terms of Service Agreement ("Agreement") constitutes a binding legal contract. Please carefully read these terms as they affect your legal rights. You ("User") are invited to consult with counsel prior to accepting the terms of this Agreement. Before you use the services provided by Black Knight Technologies, LLC. (www.DocVerify.com and its related websites) you must read and accept all of the terms and conditions in, and linked to, this User Agreement.

DocVerify allows users to upload and time stamp those files and/or documents for non-repudiation. DocVerify also provides users with access to a rich collection of resources, including various tools, forums, notary services, document storage, and personalized through its network of properties, which may be accessed through any various medium or device now known or hereafter developed.

By using the services on the Black Knight Technologies, LLC. websites (www.DocVerify.com and other related websites) (the "Website(s)"), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement" or "Terms of Use" or "TOS") with Black Knight Technologies, LLC. and the general principles for the Websites. Furthermore, these terms and conditions are binding on all persons that receive documents processed by DocVerify or use DocVerify’s services under the auspices of an affiliate or third-party.

By entering and using the Websites, you agree to abide by the following terms and conditions:

AMENDMENTS: Website and Company retain the right to amend the terms of this Agreement at any time with notification. You can review the most current version of the TOS at any time at www.docverify.com. Additionally, when using particular DocVerify owned or operated services, you are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.

ELIGIBILITY: Our service is available only to persons who can form a legal binding contract. Website is not available for use by minors (under 18) without parental consent. By entering the Website and entering this agreement, you certify that you are of legal age and not restricted to using the Website by any United States or International law, or otherwise by any other law, agreement, or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DocVerify has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DocVerify has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). DocVerify is concerned about the safety and privacy of all its users.

MEMBER ACCOUNT, PASSWORD AND SECURITY: You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DocVerify of any unauthorized use of your password or account or any other breach of security, and (b) attempt to exit from your account at the end of each session, as failure to exit could allow a breach of your account. DocVerify is not responsible for any breaches of security of damages resulting from the User's failure to protect account and password information.

By signing up for DocVerify service and providing us with your information, you certify that all information is completely accurate to the best of your knowledge. You certify that your name, e-mail address, address, and any further such information is accurate. You further certify that you are signing up for DocVerify for legitimate purposes and not to commit fraud. If DocVerify discovers any fraud being perpetuated through our system, we reserve the right to refer cases to the United States Department of Justice and other governing authorities. DocVerify does not accept any liability and disclaims any and all liability to and for third-parties affected by the fraud committed by other through the DocVerify system.

NO RESALE OF SERVICES PERMITTED: You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your DocVerify ID), use of the Service, or access to the Service.

DOCVERIFY IS NOT RESPONSIBLE FOR THE CONTENT ON THE WEBSITE: User agrees and acknowledges that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not DocVerify, are entirely responsible for all Content that you upload, post, email, transmit, share, fax, mail or otherwise make available via the Service. DocVerify does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DocVerify be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

infringe the intellectual property of any person or entity, including but not limited to DocVerify or to reverse-engineer DocVerify or its related technologies;
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a DocVerify official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit, fax, mail or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email, fax, mail transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.

User further acknowledges that DocVerify may or may not pre-screen Content, but that DocVerify and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, DocVerify and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by DocVerify or submitted to DocVerify.

You acknowledge, consent and agree that DocVerify may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of DocVerify, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. These transmissions commonly occur over state and international lines. User is responsible for all US and International laws pertaining to such transmissions.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by DocVerify and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

With respect to e-mail addresses supplied to DocVerify, you acknowledge that DocVerify does not certify the correctness of any e-mail addresses or the identities of any parties whose e-mail addresses are submitted by you. By submitting an e-mail address to DocVerify, you certify that the subject documents may be submitted to the e-mail address. Further, you specifically acknowledge that e-mails are routinely lost in route or may not reach their destinations (due to spam filtering, Internet problems, technical problems, servers rejecting e-mails, and other such reasons). DocVerify is not responsible for any losses of e-mail for any reason. Furthermore, you specifically acknowledge and agree that DocVerify is not and cannot be held responsible resulting from service interruptions, connection issues, bandwidth issues, technical errors, or other communications issues. All Users and third-parties acknowledge and agree that such interruptions and errors are inevitable common occurrences for web-based services, such as DocVerify.

Unless DocVerify is named as a direct party, DocVerify's relationship to all documents and transactions completed using the Service is that of a trusted, disinterested third party. Accordingly, DocVerify 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.

You further understand and acknowledge that, in the even that a file is deleted by a User, DocVerify may or may not permanently delete the file from its systems, at its sole discretion. In the event that DocVerify does not delete such a file from its system, it may be reinstated by the User upon payment of an additional fee to DocVerify.

DocVerify will retain documents uploaded by You subject to the storage limitations associated with Your account and subject to Your account remaining in good standing. DocVerify cannot guarantee or warrant that any documents You upload will be stored for more than three (3) years unless other prior arrangements had been made with DocVerify. You are responsible for creating backups of any content You upload to the Service.

ELECTRONIC SIGNATURE SERVICE: If you use the electronic signature feature of our Service, you are agreeing to conduct business transactions with electronic documents and signatures instead of paper-based documents and signatures. You are under no obligation to transact business electronically. To withdraw your consent to conduct electronic transactions, simply stop using the Service and contact the sending party to explore other options.

You may read and sign each document on a case-by-case basis. Each decision to view or sign a document electronically does not affect the legal effect of any transactions already completed using either electronic or paper-based documents and signatures. You hereby agree to read every document before electronically signing it. You also agree to communicate all issues regarding the content of a document directly with the sending party. Finally, you agree to notify the sending parties and the Service of any change in your e-mail address in order to prevent interruptions to your communications.

You acknowledge and understand that electronic signatures are typically legally binding in the United States and other countries. You also understand that printed copies of electronic documents are not considered legal originals, but rather copies of the original documents signed on DocVerify. There may be additional fees for printing or exporting electronic documents or signatures, but additional fees may apply to paper-based transactions. By also using the system you understand that the identity of the signer may not be guaranteed, and that it is possible that the person signing is not the intended signer or not the person who may have actually signed it.

Use of the Service requires a standards-compliant web-browser which supports the HTTPS protocol, HTML, and cookies. Many documents and communications will include PDF and Word attachments requiring additional software.

Electronic signatures are void where prohibited by law. The United States Electronic Signatures in Global and National Commerce Act (the "Act") preserves the legal effect, validity, and enforceability of signatures and contracts relating to electronic transactions and electronic signatures used in the formation of certain electronic contracts. However, as further described in the Act, the Act does not apply to certain contracts and records governed by statutes and regulations such as those related to probate and domestic law matters; state commercial law; consumer law covering utility services, real property defaults and foreclosures, and insurance benefits; product recall notices; and hazardous materials papers.

STORAGE: DocVerify will store documents per the terms of the Service Plan or edition selected by the user, which by default is three years as long as the user's account is active, and in good financial standing. Longer retention periods may be available, and must be negotiated with DocVerify. For Service Plans or editions that specify the document storage amount is "Unlimited," DocVerify will store an amount of documents that is not abusive and/or unduly burdensome, in DocVerify's sole discretion, and in most cases not to exceed one year as it is the responsibility of the user to store their own documents with any "Unlimited" Service Plans or editions. User may retrieve and store copies of documents for storage outside of the System at any time during the Term of the edition when user is in good financial standing under these Terms of Use, and may delete or purge documents from the System at its own discretion. DocVerify may, at its sole discretion, delete an uncompleted document from the System immediately and without notice upon earlier of: (i) expiration of the document (where Subscriber has established an expiration for such document or Packet, not to exceed 180 days); or (ii) expiration of the Term. DocVerify assumes no liability or responsibility for a party's failure or inability to electronically sign any document within such a period of time. DocVerify may retain Transaction Data for as long as it has a business purpose to do so. User also understands that various laws and/or legal guidelines require that docments must be available to some or all parties in order for them to be legally enforceable in some instances, and that if they're no longer stored or accessible by some or all parties because they were either deleted, purged, or the user canceled their account, that DocVerify is not responsible if documents are no longer enforceable as a result. The user is responsible to assure that the document is accessible by all parties at all times.

PDF TAMPER WATERMARKS: DocVerify provides a PDF tamper watermark mechanism for users convenience and for informational purposes only. Users should note that this mechanism may not be available/compatible with certain versions of PDF viewers. Users are advised that, if scripting such as javascript is turned off on certain viewers, the system will not work. DocVerify accepts no responsibility for the availability/compatibility of the mechanism with certain viewers and systems. Users are advised that the watermark mechanism is not 100% reliable and that the only way to positively validate a document is by using the DocVerify integrity system.

ELECTRONIC RECORDING: The electronic recording service is provided through the partnership with various electronic recording providers. Users are responsible for any additional fees or costs that may associated with the usage of this service, and the user understands that these providers may have additional fees or costs on top of any fees DocVerify may charge. DocVerify is not responsible for any document that is sent to any of these providers. DocVerify also is not responsible for any lost, incomplete, or fees that may occur with the usage of this service. It is the user's responsibility to keep their accounts with the e-recording providers up to date in order to avoid any service interruptions, and to contact the provider if any issues whatsoever do occur or arise. Electronic recordings are void where prohibited by law.

ELECTRONIC NOTARY: The electronic notary system is a tool that enables commissioned notaries to do electronic notarizations using DocVerify. DocVerify is NOT responsible for the notary or the actions of the notary. DocVerify is not responsible for any persons misrepresenting themselves as a commissioned notary, and therefore cannot be held liable in any way. You agree that it is your responsibility to ensure you are following the laws of your respective state, and DocVerify is NOT responsible for any laws or guidelines that may have been violated. By using the electronic notary system you thereby hold DocVerify harmless to any liabilities. You also understand that although electronic notaries may be accepted in the state, that certain counties, cities, agencies, entities, businesses etc., may not accept the electronic notary. DocVerify cannot be held liable for the errors made by the notary. It is your responsibility to be certain that the notary in question is legitimate, and the information they are providing and/or including in the document is accurate. Electronic notaries are void where prohibited by law. You understand that DocVerify may supply a self signed digital certificate; however, some states may require the commissioned notary to either purchase a digital certificate from the state directly or to purchase one from a trusted certificate authority, and it is your responsibility to validate this requirement. DocVerify is not responsible for the cost of acquiring the certificate in order to meet the state's requirements. Notaries are also expected to be polite, well-mannered, non-toxic, respectful, calm, etc., and DocVerify reserves the right to suspend or revoke any notary at any time without notice that does not meet the criteria or if DocVerify feels that the actions of the notary may reflect negatively on DocVerify. Notaries are also responsible for recording and storing all notorial acts performed remotely where participants are not physically present. If digital certificates have been purchased through the DocVerify system or were imported into the system, DocVerify reserves the right to revoke the certificates at any time. You are responsible for meeting any digital certificate requirements, and DocVerify is not responsible for the cost of acquiring the certificate or for the effectiveness of any purchased digital certificate. You understand the video streams may experience outages, drops, latency, lost data, etc. that may affect the session and/or recording during a transaction, and that it is your responsibility to verify the recordings are valid and/or complete after each transaction as issues do occur resulting in recordings not being available. You also understand that ONLY the notarial act is recorded for remote transactions, and that the entire session is never recorded. You also understands that although DocVerify does its best to ensure signers receive all notifications that once notifications are sent that they are no longer controlled by DocVerify.

PRIVACY POLICY: Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at: https://www.docverify.com/Our-Company/Privacy-Statement. You agree that through your use of the Service 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 DocVerify.

NOTARY JOURNALS: User's expressly acknowledge that, if they are a Notary-Public, by using DocVerify's Notary System, they consent to their electronic-journal of log entries and client documents being made available to the Secretary of State or other reviewing government agency in charge of commissioning of Notary Public. DocVerify makes no representations and warranties that the DocVerify e-journal feature is sufficient to meet your legal requirements.

PHONE VERIFICATION AND VOICE RECORDING: The phone verification system allows users and/or signers to verify that the phone number entered is the phone number in question. DocVerify cannot guarantee the number entered belongs to or is in the control of the individual, and DocVerify is only able to verify the number that the user enters. If applicable, DocVerify can also not guarantee the quality of the voice recording, nor can DocVerify guarantee the person making the voice recording is in fact the actual person and not an imposter or someone pretending to be that person. If SMS is used, DocVerify cannot guarantee the delivery of any SMS message, after it has been sent. Some carriers may reject SMS messages, or delivery may be delayed due to the carriers. By using the phone verification you understand that additional fees may or will be incurred, and that there are absolutely no refunds. If you decide to cancel the requests, if the user declines not to utilize it, or if you simply change your mind after the document has been processed no refunds will be issued. If you provide your voice recording using the automated system, you understand that your recording may be embedded, attached to a document, etc., and that you release DocVerify from any liability by using the phone system. It is your responsibility to verify, validate, or to check the document in order to make sure the voice recording has been made.

TRANSACTION SYSTEM OR FRAUD PREVENTION SYSTEM: The transaction system allows individuals, merchants, payment gateways, etc., to create documents on the fly based upon templates that were created or uploaded by you in order to try to reduce friendly fraud, evidence the transaction, or to create basic electronically signed documents. It is also your responsibility to maintain your own templates and also guarantee the data being sent to DocVerify using the transaction system is accurate such as signers signature, IP address, etc., and that DocVerify shares no responsibility or liability if such inaccuracies occur. DocVerify only processes the templates and data you send us, and is never aware of the contents of the templates. DocVerify has absolutely no responsibility as to accuracy of the data or information provided to it. All accounts utilizing this service must comply with the requirement of having a signature textbox which clearly states that the user must provide their electronic signature, and failure to comply with this requirement will result in accounts being suspended or deleted. The user or signer must be aware that by typing their name in this required textbox, they are providing a legally binding electronic signature. DocVerify also reserves the right at any time to audit any sites utilizing this service in order verify compliance. DocVerify cannot guarantee the authenticity of signed documents by the information provided to it.

RESELLERS AND INVOICED ACCOUNTS: If an account has been established by a reseller or through a reseller, it is your responsibility to contact your respective reseller for information about your account or for support. If payments are made to the reseller, and reseller fails to pay DocVerify within the contracted period of time, DocVerify reserves the right to suspend any or all services to your account or accounts. If the account or accounts is an invoiced account, it is your responsibility to make timely payments within the contracted terms. Failure to make payments may result in the suspension of account or accounts. Late fees and/or reactivation fees may apply.

REMOTE SIGNING SERVICES: DocVerify provides many methods for document electronic signings. One method or system enables you to create documents on demand and to have signers sign documents from within your own applications and/or websites such as an Iframe. You understand that by using this method that there are risks involved such as security risks. It is your responsibility and NOT DocVerify's to ensure that your data and account information is protected, the signer is properly authenticated and/or identified, and the information is not exposed to the signers or your users. In the event, your account information is hijacked, stolen, and/or impersonated, your account is depleted of credits or additional account fees are incurred, you will be responsible for all of your loss of credits and/or additional fees as well as any liability from using the method or system.

WEBSITE'S RESERVATION OF RIGHTS: Website reserves the right to suspend, discontinue or terminate any user's membership or listing at any time and may be implemented immediately without notice. Some examples include but are not limited to breach of this contract, member misconduct, if we cannot verify or authenticate any or some of the information you provide us, or any other reason that Website assumes.

FEES, CREDITS, AND SERVICE PLANS: Fees are subject to change without notice. However, Website will notify existing users in advance of any fee changes that would affect their current listings. Credits are considered and issued on an individual basis, depending on circumstances. The prices, features, and options of the Services available for an Account depend on the pricing structure assigned by DocVerify to Customer and the level of service, features, and promotions selected by Customer ("Service Plan"). Customer may also purchase optional services on a periodic or per-use basis. DocVerify may add or change the prices, features or options available with a Service Plan without notice.
1. User's usage under a Service Plan is measured based on the actual number of seats, and/or users as described in the edition or the Service Plan on the Site. Standard e-signature Service Plans allow access to and use of the Services to create or send documents is restricted to one named Authorized User and the number of sent documents an edition or Service Plan allows during a calendar month (additional documents sent during the month will incur a charge of $4.00 per e-signature document excludes documents through the Transaction System). Once a per-set or per-user edition or Service Plan is established, the right of the named Authorized User to access and use the Services is not transferable; any additional or different named Authorized Users must purchase per-seat or per-user Service Plans to send documents. Extra seats, users and/or per use fees will be charged as set forth in User's edition or Service Plan. Any unused document allowances will expire and not carry over from one billing period to another under a Service Plan. All Service Plans or editions that have ("Unlimited") documents are subject to abuse limits and reasonable use policies, may not apply to any third party integrations such as Salesforce, Oracle, Wufoo, etc., and the user is allowed to send a reasonable number of documents or Packets from the number of licenses or seats purchased. In the event User exceeds reasonable use restrictions under a Service Plan or edition, which also includes Service Plans or editions with Unlimited documents, DocVerify reserves the right to transfer User into a higher-tier Service Plan without notice. Additional purchased credits such as for e-signatures, VeriVoice, transaction, notes, etc., expire twelve (12) months from time of purchase as long as the account is active, and are non-refundable. If you misrepresent your eligibility for any edition or Service Plan or edition, you agree to pay us the additional amount you would have been charged under the most favorable pricing structure for which you are eligible. All service plans, editions, or fees such as applications and/or certificates are non-refundable, and any all changes made to the service plans and/or editions are also non-refundable.

IDENTITY VERIFICATION
The identity verification or knowledge based authentication (KBA) services are provided by third party providers to DocVerify. DocVerify is not responsible for the data or information these service providers provide as the information may contain inaccurate, incorrect, errors, etc., in the results, and DocVerify is only displaying the data directly from these providers because in some cases the data is being pulled by the providers from public sources. By using the identity verification or KBA services you understand that the information may have or contain inaccuracies, incorrect data, errors, etc., and that DocVerify is not responsible in any way. Credential Analysis may also be done by processing the images of an ID. DocVerify is also not responsible for any of the information provided by this process of analyzing the images of one's identification as this process is not guaranteed, and the results should only be used for informational purposes at the highest levels, and not used to validate one's identification as it could be inaccurate as there are many variances that could affect the results. Using any method of ID Verification prevents risks in some cases, and DocVerify is not accountable or liable when using any method of ID Verification and/or Credential Analysis.

REWARDS OR GIFT CARDS: From time to time DocVerify may work with third parties or may award gift cards for various things such as usage or verifable reviews. DocVerify is not responsible for any third parties involved, and if the third party fails in any away DocVerify is not reponsible for their actions. In the event DocVerify is awarding rewards and/or gift cards such as for reviews they must be verifiable, and only available to new reviews only. Writing a review does not guarantee a gift card or reward. Users cannot hold DocVerify responsible for any reason as they relate to gift cards such as the user losing them or having them stolen in the event they are issued.

INTELLECTUAL PROPERTY: COPYRIGHTS AND PATENTS: All contents included within this site such as text, graphics, logos, design and images is the property of DocVerify and is protected by United States and international copyright and patent laws. DocVerify is a patent pending process. The internal code and graphics displayed on the Website are the copyrighted proprietary property of DocVerify. No license to use any of the foregoing is expressed or implied. Parties infringing the forgoing shall be subject to prosecution under the intellectual property laws of the United States.

In the event that any software is provided to the User, DocVerify grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by DocVerify for use in accessing the Service.

USERS ASSUME ALL RISKS: By using Website's site and services, you release Website from any and all damages that may result errors and defects contained in or resulting from your use of the system. By using this site, you understand the risks involved with online document verification such as foreign nationals, minors and false identities, non-performance by either party to the transaction and other problems, e-signature legality, which can arise. User accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions. Further, you acknowledge that documents posted to DocVerify's system may be altered or corrupted without notice. User accepts the sole responsibility for these risks. Additionally, we do not provide documentation on the systems or it's security, publicly accessible risk assessment information, compliance documentation, have a security evangelist on staff, and some or all may be be required for full compliance of regulatory requirements as user assumes all risk.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $500.

OWNERSHIP OF DATA: By using Website's services and site, you agree to provide accurate information about yourself, and also provide accurate information about the real estate, product, or service if applicable. By using Website's services and site, you grant Website the rights to access information that doesn't violate compliance. These rights include but are not limited to the right to display your information anywhere on the Website or affiliate websites or any other media Website chooses, search the information, and consistent with the privacy statement. Documents are owned by the originator, and not DocVerify.

CONTRIBUTIONS TO DOCVERIFY: By submitting ideas, suggestions, documents related to ideas or suggestions, and/or proposals ("Contributions") to DocVerify through its suggestion or feedback web-pages, you acknowledge and agree that: (a) your Contributions may or may not contain confidential or proprietary information; (b) DocVerify is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) DocVerify may or may not use or such Contributions for any purpose, in any way, in any media worldwide; (d) DocVerify may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of DocVerify without any obligation of DocVerify to you; and (f) you are not entitled to any compensation or reimbursement of any kind from DocVerify under any circumstances.

OWNERSHIP AND LICENSE: DocVerify retains all rights (including intellectual property rights), title and interest in the Website Web site technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. We will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer any Website source code or structure or sequence of Website technology or delete or alter author attributes or copyright notices. In the event DocVerify is acquired or changes ownership, DocVerify reserves the right to cease or discontinue service with reasonable notice.

GENERAL PRACTICES: You acknowledge that DocVerify may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that documents, or other uploaded Content will be retained by the Service, the maximum number of files and/or documents that may be uploaded by an account on the Service, the maximum size of files and/or documents that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on DocVerify's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that DocVerify has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that DocVerify reserves the right to log off or disable accounts that are inactive for an extended period of time. You also acknowledge that any negative or bad review placed or created by you without allowing DocVerify a sufficient amount of time to remedy the issue may result in the account being suspended or deleted. You further acknowledge that DocVerify reserves the right to modify these general practices and limits from time to time.

SYSTEM: Website will not be held responsible for any information loss or damages resulting from system failure due from any external or internal devices, acts of nature, or acts of God. User may not use any device that interferes with the proper working of Website. User agrees not to disclose password to a third party and understands that any and all actions taken under your password are your responsibility.

LIMITATION OF LIABILITY: User agrees that Website will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Website service. You agree that use of this service is at user's own risk. This service is provided as an "as is" and an "as available" basis. Website makes no guarantees or warranties on products, services, sale or trade situations whether express or implied. Website and its suppliers disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Website makes no guarantee or warranty that its service will meet user requirements, be error free, secure, uninterrupted, or timely.

INDEMNIFICATION: You agree to INDEMNIFY, DEFEND AND HOLD HARMLESS Website from and against any and all claims, loss, damage, liability, action or cause of action (including reasonable attorney's fees) brought against Website by a third party and arising from or related to your use of Website's site or your membership or your breach of this Agreement as a user. Website shall select the counsel of its choice and User shall be responsible for any and all fees associated with defending Website in litigation (including pre-litigation fees and costs).

In the event that DocVerify's personnel are required to testify in any action or proceeding or attend any deposition meeting or hearing associated with a legal proceeding or similar such proceeding, whether DocVerify is or is not a named party to the action or proceeding, DocVerify shall be compensated by User for any time and expenses associated with its attendance. Company principals shall be billed at a rate of $500 per hour and technical staff or custodian of records shall be produced at a hourly rate of $200 per hour. All travel, lodging, and related expenses shall be borne by the User. Estimated fees required by DocVerify shall be paid in advance by the User.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

DISCLAIMER OF GUARANTEE. Website makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Users acknowledge that certain software used by internet users may not be capable of supporting certain features or functionalities which may be included in the services provided by Website. Website shall have no liability whatsoever for any claim relating to any internet users' inability to access the services properly or completely or for any claim related to any errors or omissions in the services.

The services provided herein are provided "as is" and without any warranty of any kind, express or implied, including but not limited to, warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, currentness, and delays. Website does not warrant that any services provided hereunder shall be error free or uninterrupted. Website shall not be responsible for the failure of any third-party to not deliver services in a timely or error free manner.

Any material downloaded or otherwise obtained through the use of the service is accessed at your own 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.

A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

Users must individually verify that each document has been processed correctly. DocVerify, at its sole discretion, may or may not add time stamps, bar codes, logos, and digital signatures to the Uploads within the unused portions of the pages such as the left or bottom margins. DocVerify may or may not scale Uploads in order to make room within the pages contained within the Uploads. DocVerify is not responsible for documents that may become corrupt during processing.

DocVerify reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DocVerify shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

PAYMENTS AND CHARGE-BACKS: Payments are due immediately to DocVerify for non-subscription accounts upon the completion of uploads such as documents, files, media, photos, images, etc. (“Uploads”) to the DocVerify system. In the event, payments are not made immediately; you acknowledge and understand that you may have up to 21 days to make a payment before those Uploads are permanently deleted from the DocVerify system. DocVerify may or may not permanently delete Uploads after the twenty-one (21) day period; however, DocVerify may or may not charge a fee to reinstate Uploads after failure to pay within the twenty-one (21) day period. For subscription based accounts, payment is due immediately and before service is permitted. Subscription accounts may have recurring fees such as weekly, monthly, yearly, etc. charges. In the event, payment for subscription accounts does not go through due to circumstances such as inaccurate information, credit card expiration, disputes, etc.; the account will be immediately suspended until payment is made within the allotted grace period. Reinstatement fees may vary, and may change without notice. A chargeback is a payment dispute initiated by the cardholder with their credit card issuing bank. By using the DocVerify system you agree to make payments promptly, most subscription editions are recurring, and you may cancel at anytime before the next billing cycle as it is the responsibility of the user to know the dates of their renewals as DocVerify will not send any notifications before each new billing cycle or event. Renewal billing cycsle and dates are available online. In the event, a chargeback occurs, you understand that DocVerify reserves the right to disable and/or delete the member's user account. If the user account is deleted and/or removed all documents, files, media, images, photos, etc. associated with and/or part of that account will also be permanently deleted, and will no longer be accessible by you and/or member and/or user. If such documents are being shared with other users, they too will no longer be accessible by those users. You also understand that you will no longer be permitted to use the DocVerify system. You also understand that if a chargeback does occur, DocVerify reserves the right to charge a fee in order to reinstate your account and all documents associated with your account. Reinstatement fees may vary, and may change without notice. User is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith.

TERMINATION: DocVerify retains the right to terminate and or amend this Agreement at any time with or without the consent or notice to the User. You agree that DocVerify may, under certain circumstances and without prior notice, immediately terminate your DocVerify account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your DocVerify account includes (a) removal of access to all offerings within the Service, including but not limited to DocVerify Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, and Alerts, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in DocVerify's sole discretion and that DocVerify shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT: DocVerify respects the intellectual property of others, and we ask our users to do the same. DocVerify may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide DocVerify's Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
DocVerify's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Black Knight Technologies, LLC.
Attn: Copyright Agent
601 Riverside Ave
Jacksonville, FL 32204

By email:

CONTROLLING AGREEMENT: In the event of any conflict between the provisions contained in any contract or sales order form used by Website, the terms of this Agreement shall be binding.

CHOICE OF LAW/VENUE: This agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. User and user’s affiliates shall not be allowed to bring a class action lawsuit against DocVerify. User and user’s affiliates understand and expressly waive any right(s) to bring a collective action or class action against DocVerify or its affiliates. The parties hereto agree to submit any dispute or controversy arising out of or relating to this agreement to arbitration in the state of California, Orange County, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. USER AND USER'S AFFILIATES EXPRESSLY WAIVE THE RIGHT TO: TRIAL BY JURY AND THE ABILITY TO BRING A CLASS ACTION AGAINST DOCVERIFY.

LIMITATION OF LIABILITY: Website, its affiliates and its agents entire liability hereunder, if any, for any claim for damages related to this Agreement, which are made against them, whether based in contract or tort (including negligence), shall be limited to the amount of charges paid by User. In no event will Website, its affiliates or its agents be liable for any lost profits or any consequential, exemplary, incidental, indirect, or special damages, arising from or in any way related to this Agreement or relating in whole or in part to Website's rights hereunder or the use of or inability to use the website, even if advised of the possibility of such damages. NO THIRD-PARTY BENEFICIARIES: You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

FORCE MAJEURE: Website shall not be responsible for any delays, errors, failures to perform, interruptions, or disruptions in the services related to this Agreement from any act, omission or condition beyond Website's reasonable control, whether or not foreseeable or identified, including without limitation acts of God, strikes, lockouts, riots, acts of war, governmental regulations, fire, power failure, earthquakes, severe weather, floods, or other natural disaster or Website or any third-party's hardware, software, or equipment malfunctions.

ENTIRE AGREEMENT: This Agreement constitutes the entire and only agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written.

SURVIVABILITY: The ownership, non-circumvention, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

OTHER TERMS: Upon execution of THIS AGREEMENT by entering the website and accessing the Website's services, the USER agrees that any individual, firm company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, agents, heirs, assigns, designees or consultants of which the signee is an agent, officer, heir, successor, assign or designee is bound by the terms of this Agreement.