The DocSTORE is a service of Docstoc, Inc. (“DOCSTOC”) that enables authorized users (“You,” or collectively, the “Users”) to buy sample and actual forms, checklists, business documents and legal documents (collectively, the “Documents”) through the websites located at www.docstoc.com/ (the “DocStoc Platform”).
By signing up for the DocSTORE, or otherwise using or benefiting from the DocStore, You acknowledge that You have read, understood and that you agree to be bound by these DocSTORE Terms of Service (the “Agreement”) and the Docstoc Terms of Service and all of the conditions therein.
In order to use the DocSTORE as a Document Publisher (a "Document Publisher" is a User who subscribes to the DocSTORE and uploads Documents to the Docstoc Platform sale or licensing (the words "sale," "purchase," and "license" or "licensing" are used and intended to be used interchangeably) through the DocSTORE),
DOCSTOC reserves the right to refuse participation to any applicant or participant at any time, for any reason or for no reason, in its sole discretion.
THIS AGREEMENT IS INCORPORATED BY REFERENCE INTO THE DOCSTOC TERMS OF SERVICE. FURTHER, THE DOCSTOC TERMS OF SERVICE ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE. YOUR PARTICIPATION IN AND USE OF THE DOCSTORE SERVICE IS SUBJECT AT ALL TIMES TO THE TERMS, CONDITIONS, AND PROVISIONS OF THIS AGREEMENT AND THE DOCSTOC TERMS OF SERVICE.
ALL USERS, BUT ESPECIALLY DOCUMENT PUBLISHERS, ARE ENCOURAGED TO REVIEW THE DOCSTOC TERMS OF SERVICE BEFORE UPLOADING DOCUMENTS, INCLUDING TO CONFIRM THAT THE DOCUMENTS DO NOT INFRINGE UPON THE RIGHTS OF ANYONE ELSE AND THAT THE DOCUMENT PUBLISHER HAS ALL LEGAL RIGHTS TO UPLOAD THE DOCUMENT, AND USERS ARE ENCOURAGED REVIEW THE Docstoc TERMS OF SERVICE BEFORE VIEWING OR DOWNLOADING DOCUMENTS SO TO CONFIRM, AMONG OTHER THINGS, DISCLAIMERS REGARDING DOCUMENTS.
When using the Docstoc Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into this Agreement.
Capitalized terms not otherwise defined herein have the same meaning as in the Docstoc Terms of Service.
In the event of any conflict between this Agreement and the Docstoc Terms of Service, the terms of this Agreement shall take precedent.
DOCSTOC MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. DOCSTOC CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF SERVICE ON THIS SITE AND/OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. ADDITIONALLY, WE MAY NOTIFY YOU THROUGH THE DOCSTOC ANNOUNCEMENTS AREA. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. EXCEPT AS STATED ELSEWHERE, ALL AMENDED TERMS SHALL AUTOMATICALLY BE EFFECTIVE 30 DAYS AFTER THEY ARE INITIALLY POSTED. THIS AGREEMENT MAY NOT BE OTHERWISE AMENDED EXCEPT IN A WRITING HAND SIGNED BY YOU AND US. FOR PURPOSES OF THIS PROVISION, A “WRITING” DOES NOT INCLUDE AN EMAIL MESSAGE AND A SIGNATURE DOES NOT INCLUDE AN ELECTRONIC SIGNATURE.
Docstoc reserves the right to share Your contact information, including but not limited to, Your email address, Your postal address and Your telephone numbers, with certain providers of Documents, whose Documents You have purchased on, or downloaded through, the DocSTORE (the “Document Providers” or “Document Publishers”). You acknowledge that the Document Providers or Document Publishers with whom Docstoc has shared Your contact information may use Your personal information to notify You about products and promotional offers that may or may not be of interest to You. If You wish to unsubscribe from the mailing list of any Document Provider of Document Publisher, please contact that Document Provider or Document Publisher directly.
Docstoc will solely control the DocSTORE and all features and functionality thereof and will have the right to modify, change, or amend the same at all times, in its sole discretion. Docstoc reserves the right to exercise whatever lawful means it deems necessary to prevent or rectify unauthorized use (including the distribution of unauthorized content) on the DocSTORE, including, but not limited to, technological barriers, IP mapping, directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use, and seeking legal action against You. Docstoc reserves the right to remove or delete any Document from the DocSTORE and/or the Docstoc Platform at any time, in its sole discretion, for any reason or for no reason, and without notice to You. If Docstoc removes or deletes a Document that You have purchased as a DocSTORE User or gained access to as a Docstoc Pro subscriber , Docstoc reserves the right to revoke Your purchase. If Docstoc revokes your purchase, Docstoc may elect, at Docstoc’s sole discretion, to provide a refund to You. Docstoc Pro subscribers who downloaded or gained access to any DocSTORE Document will not be entitled to any refund. If Docstoc removes any Document that you have purchased, Docstoc may elect, at Docstoc’s sole discretion, to provide You a limited window of time during which You may download such removed Document.
Docstoc reserves the right to decline to make any Document a Document Publisher uploads available on the Docstoc site or through DocSTORE, and retains the right to remove any Document made available for sale or to a Docsto Pro subscriber for any reason or no reason at all, in its sole discretion.
In addition to the prohibited conduct that You have agreed to as described in the Docstoc Terms of Service, Your use of the Docstoc Platform and the DocSTORE service is conditioned upon Your agreement to all of the terms of this Agreement, and You hereby agree, represent and warrant the following:
Docstoc offers the 100% guarantee on select purchasable documents. The 100% guarantee shall only apply to such documents that expressly provide notice of the guarantee on the document purchase page and/or the billing information page. If a document does not expressly provide for the 100% guarantee it will not be subject to a refund under the 100% guarantee. This offer is not applicable to Docstoc Pro subscribers who obtain the Document through their Docstoc Pro account.
If and only if the 100% guarantee is expressly stated a refund will be contingent on the following:
As a Document Publisher You agree that if a buyer requests a refund Docstoc has the right to make such a refund and deduct the amount paid or otherwise due the Document Publisher then or in the future in connection with the Document(s) upon which the buyer(s) received refund(s), and if no amount is due the Document Publisher or the amount due the Document Publisher is less than the amounts refunded to Document buyers the Document Publisher will within 15 calendar days reimburse Docstoc the amount paid the Document Publisher in connection with the Document.
The term of this Agreement will begin on the date You sign up for a DocSTORE Account, or use the DocSTORE service, on the Docstoc Platform and shall continue until terminated in accordance with the provisions set forth herein. Docstoc may, in its sole discretion, without cause, for any reason or no reason, and without liability or prior notice to You, immediately terminate this Agreement, Your DocSTORE, Docstoc Pro and/or Docstoc Accounts, and suspend or terminate Your participation in the DocSTORE and the Docstoc Platform at any time. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration. YOU ARE REMINDED THAT THERE ARE ADDITIONAL IMPORTANT GROUNDS FOR TERMINATION SET OUT IN THE DOCSTOC TERMS OF SERVICE AS WELL AS ELSEWHERE IN THIS AGREEMENT. These include:
If Docstoc suspects that You as a Document Publisher have infringed upon the rights of anyone, including copyright infringement, Docstoc may terminate Your account and remove all the Documents You have uploaded. Further, You agree that termination on the basis of violation of these Terms of Service, or the Docstoc Terms of Service, will result in Your forfeiture of or claims to any money that Docstoc might otherwise have held for You, including as a set-off against damages or claims (including for refunds that Docstoc might make to Users who have purchased Your Documents). At the option of Docstoc upon suspecting that You as a Document Publisher have infringed upon the rights of anyone, including by engaging in copyright infringement, or that You otherwise violated these Terms of Service, or the Docstoc Terms of Service, Docstoc may terminate Your account and may give You the opportunity to explain why You uploaded infringing Documents or why You believe the Documents do not infringe the rights of anyone, or why you did not otherwise violate these Terms of Service, or the Docstoc Terms of Service, and if Docstoc is satisfied with Your explanation may allow You to sign-up for another DocSTORE account. At the option of Docstoc upon suspecting that You as a Document Publisher have infringed upon the rights of anyone, including by engaging in copyright infringement, or that You otherwise violated these Terms of Service, or the Docstoc Terms of Service, Docstoc may suspend Your account for a reasonable period of time and may give You the opportunity to remove improper Documents and explain why You uploaded infringing Documents or why You believe the Documents do not infringe the rights of anyone, or why you did not otherwise violate these Terms of Service, or the Docstoc Terms of Service. Docstoc will have sole discretion as to whether Your explanation suffices, whether to terminate Your account, whether to reinstate Your account, among other things. Multiple suspensions will likely result in termination.
If Your account has been terminated You are prohibited from signing up for another DocSTORE account, under any name, and You are prohibited from uploading any Documents to the Docstoc platform.
If You terminate Your account voluntarily and without Docstoc having indicated that it might terminate or suspend Your account, and You have not otherwise violated these Terms of Service or the Docstoc Terms of Service, the Documents that You uploaded to the Docstoc platform using DocSTORE will be removed and You will thereafter be paid the balance of the amount due you, unless Docstoc has any claims against you or to any of those amounts.
Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness.
THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND DOCSTOC AND ANY DOCUMENT PROVIDER FULLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED, TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You acknowledge that Documents may be inappropriate for Your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure Your desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for Your particular transactions, as the Documents are only samples and may not be applicable to Your particular situation. Some Documents are public domain forms or may be available from public records, however, You will not upload or otherwise make available for sale any Documents that are public domain forms or may be available from public records, unless You create derivative works or make material modifications or adaptations and have the right to do so and do not otherwise infringe upon the rights of anyone else.
You understand that when using the Site You will be exposed to User Content from a variety of sources, and that Docstoc is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Docstoc with respect thereto. Docstoc does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Docstoc expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, Docstoc may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, Docstoc does not permit copyright infringing activities on the Site. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by using search engines to search for “parental control protection,” for example.
Docstoc is not responsible for the language used in the Document, e.g., if You thought the Document was written entirely in English and it contains a language You can not read Docstoc is not responsible. Docstoc may hold the Document Publisher responsible, however, and if Docstoc does issue any refunds then the provisions of Section 8 shall apply and Docstoc may deduct the amount paid or otherwise due the Document Publisher then or in the future in connection with the Document(s) upon which the buyer(s) received refund(s), and if no amount is due the Document Publisher or the amount due the Document Publisher is less than the amounts refunded to Document buyers the Document Publisher will within 15 calendar days reimburse Docstoc the amount paid the Document Publisher in connection with the Document. Further, if it is repeatedly misleading as to what languages are in the Document Docstoc may terminate Your Account.
Information or Documents contained on or made available through the DocSTORE are not intended to, and do not constitute, legal advice, recommendations, or counseling under any circumstance, and no attorney-client relationship is formed. Docstoc and all Document Providers disclaim any warranties or guarantees as to, among other things, the accurateness, completeness, adequacy or currency of the information contained in Documents available through the Docstoc Platform, including for purchase or by way of Your Docstoc Pro subscription through the DocSTORE or through any Document Provider’s web site. Your use of the Documents, the information on the Docstoc Platform, or the materials linked to the Docstoc Platform, is entirely at Your own risk. Docstoc is not a law firm and the Docstoc Platform is not a lawyer referral service.
Each Document Publisher shall have the right to establish the initial price point of each of his or her own Documents, as agreed to by Docstoc, provided Docstoc may subsequently modify Document prices in line with commercially reasonable business practices.
Docstoc has the right to display any advertising or promotions, including for Docstoc or third parties, over, near, or around any Document Publisher Document, and You (as either a Document Publisher or User) waive any claims or rights in association therewith, including claims to any remuneration, regarding moral rights, complaints about implicit endorsement or association, or the like. You are notified and agree that anything at all placed over, near, or around any Document is not an endorsement by or an association with the uploader (including any Document Publisher).
You agree to indemnify, defend and hold harmless Docstoc, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, contractors, agents, attorneys, and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debts and expenses (including attorney’s fees and costs) arising out of, related to or which may arise from (i) Your use or misuse of the DocSTORE; (ii) Your breach or other violation of this Agreement including any representations, warranties and covenants herein; or (iii) Your violation of the rights of any other person or entity. Docstoc reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend or hold us harmless, and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Docstoc. Docstoc will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR PROVIDED THROUGH THE DOCSTOC PLATFORM, INCLUDING BUT NOT LIMITED TO THE DOCSTORE, ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DOCSTOC AND DOCSTOC AFFILIATED PARTIES, INCLUDING BUT NOT LIMITED TO, THE DOCUMENT PROVIDERS, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY DOCUMENT, INFORMATION, SERVICE, OR THE DOCSTOC PLATFORM.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, DOCSTOC, DOCUMENT PROVIDERS, DOCSTOC AFFILIATED PARTIES, CONTRACTORS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, ATTORNEYS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, (2) ANY ERRORS IN OR OMISSIONS FROM OUR SITE OR FROM ANY SERVICES, PRODUCTS, OR DOCUMENTS OBTAINABLE THEREFROM, (3) THE UNAVAILABILITY OR INTERRUPTION OF OUR SITE OR ANY FEATURES THEREFROM, (4) YOUR USE OR YOUR INABILITY TO USE THE DOCUMENTS OR THE DOCSTORE SERVICE, (5) THE CONTENT CONTAINED ON OUR SITE, EVEN IF DOCSTOC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED, IF THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED APPLY AT ALL.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOCSTOC AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOCSTOC THROUGH THE DOCSTOC PLATFORM OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN OR LINKED FROM THE ELECTRONIC FILE CONTAINING A DOCUMENT IS DISCLAIMED.
THE AGGREGATE LIABILITY OF DOCSTOC AND ANY DOCSTOC AFFILIATED PARTY, CONTRACTORS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, ATTORNEYS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE DOCSTOC PLATFORM AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
Docstoc may freely assign this Agreement at any time without notice to You. You may not transfer, sell, or assign Your rights or obligations under this Agreement and any attempt to do so shall be void. Subject to the foregoing, this Agreement inures to the benefit of and shall be binding on the parties’ permitted assignees, transferees and successors.
This Agreement, including all agreements and Guidelines incorporated by reference herein, sets forth the entire agreement and understanding of the parties with respect to the subject matter hereto, and supersedes all prior and contemporaneous agreements relating thereto, written or oral, between the parties.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without reference to its choice of law doctrine. The parties agree that the federal and state courts in Los Angeles County, California will have exclusive jurisdiction and venue over this Agreement, and the parties hereby agree to submit to such jurisdiction and venue exclusively.
Section or paragraph headings used in this Agreement are for reference purposes only, and may not be used in the interpretation hereof.
In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court with jurisdiction over the parties to this Agreement, (i) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect.
A waiver of any provision of this Agreement will only be valid if provided in writing and will only be applicable to the specific incident and occurrence so waived. The failure by either party to insist upon the strict performance of this Agreement, or to exercise any term hereof, will not act as a waiver of any right, promise or term, which will continue in full force and effect.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and damages and all general provisions shall survive any termination of these Terms.
In accordance with Cal. Civ. Code §1789.3, if You are a resident of California You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
The DocSTORE is a distribution network and intermediary through which Document Providers make their Documents available to Users for purchase. Docstoc does not audit the Documents for their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. For assistance, questions or support regarding the content of any of the Documents, please contact the Document Provider for that Document.
For assistance with or questions regarding this Agreement, You can send us an email at email@example.com. Responses to emails will be provided as soon as possible.