Thank you for visiting our web site, https://dossdocs.com/ (“Website”), of Doss Docs, LLC, a California limited liability company (“Doss Docs” or “we” or “us” or “our”). Our technology platforms include our Website, APIs, desktop and mobile applications (the “Platforms”). The Platforms are controlled and operated by Doss Docs. For purposes of these Terms, “you” or “your” means the individual who is accessing or using the Platforms, and his or her agents and permitted successors and assigns. Each of you and Doss Docs may be referred to herein as a “party,” and collectively, as the “parties.”
PLEASE READ THESE TERMS CAREFULLY! BY CLICKING “YES” EACH TIME YOU GENERATE DOCUMENS ON OUR WEBSITE, YOU AGREE THESE TERMS WILL APPLY TO YOUR USE OF OUR PLATFORMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR PLATFORMS. YOUR USE OF OUR PLATFORMS WILL BE SUBJECT AT ALL TIMES TO THESE TERMS AND ALL APPLICABLE LAWS, RULES AND REGULATIONS. IF, AT ANY TIME, YOU NO LONGER WISH TO BE BOUND BY THESE TERMS, YOU MUST IMMEDIATELY STOP USING OUR PLATFORMS.
IMPORTANT NOTICE: These Terms contain a binding arbitration provision and waiver of the right to a jury trial and the right to bring a class action. Please refer to “Governing Law and Arbitration” below.
We are proud to say that the documents generated by our Platforms are licensed from Doss Law, LLP and we believe they are the best. However, Doss Law, LLP does not prepare the actual documents users create on our Platforms. Use of our Platforms does not establish an attorney-client relationship with Doss Law, LLP. A user’s relationship is solely with Doss Docs, LLC, a non-attorney. Nothing on our Platforms should be construed as legal advice. Final documents generated on our Platforms should be carefully reviewed by each user and its legal counsel before use.
AGREEMENT TO TERMS OF SERVICE
For quality control we may review the formatting of the documents you create but we do not review the transaction for substance or compliance with the applicable laws. Doss Docs does not warrant or represent that its document templates are suitable for your specific transaction. The user and user’s legal counsel are responsible for the final content and compliance with all applicable laws, not Doss Docs and not Doss Law, LLP. Users are expected to proofread the final documents to verify that all information was entered correctly, to verify that all computations are accurate and to perform their own compliance. The use of Doss Docs does not create an attorney-client relationship.
The privacy of customer input will be respected by Doss Docs. Likewise, the templates used on our Platforms are the proprietary and copyrighted property of Doss Docs, LLC. Users shall not copy, duplicate, use, sell or publish the documents used on Doss Docs without the express written permission of Doss Docs, LLC. WE HAVE HIDDEN A TRACKER IN OUR DOCS. Within 10 days of our written request, you agree to provide a list of all publicly recorded security instruments for loans you have made or brokered to verify compliance with this paragraph. If it is discovered that all or any portion of the documents generated by our Website were used, created or modified outside of the Doss Docs application, in addition to other remedies provided by law, the user shall pay Doss Docs a fee of TEN TIMES the normal cost of a documentation set for each and every unauthorized duplication or use, plus our attorney’s fees. All disputes shall be resolved by binding arbitration in Orange County, CA under the rules of the American Arbitration Association. All rights reserved.
If you need revisions to the output documents or customization, consult one of the attorneys on our Platforms. We are not responsible for their legal services.
Users agree to pay the fees for each document set at the time of ordering.
INTRODUCTION AND SCOPE
These Terms comprise a legally binding agreement between you and Doss Docs. These Terms apply to your access to and use of any of our Platforms, including any products, services and solutions made available to you on or through the Platforms or through email transmissions to you from Doss Docs, and any related documentation, content, features and functions (collectively “Materials”). If you are using the Platforms and Materials on behalf of any other person or any legal entity (“Your Business”), (whether as an employee, business partner, contractor or agent), these Terms apply equally to any and all such use by you, Your Business or anyone accessing the Platforms under your account (“Your Users”). Each of you and the Business shall be jointly and severally liable for all use of the Platforms and Materials under your account(s).
LICENSE AND ACCESS
Subject to the provisions of these Terms, and payment by you of all applicable fees owed to Doss Docs for the use of the Platforms and Materials, Doss Docs hereby grants to you, and you hereby accept from Doss Docs, a limited, nonexclusive, nontransferable license (without a right of sublicense), to access and use, solely for your personal or internal business use, the Platforms and the Materials, as well as any new versions, modifications and enhancements as the same are made available to you by Doss Docs from time to time.
OTHER GOVERNING DOCUMENTS
UNLAWFUL OR PROHIBITED ACTIVITIES
Your use of the Platforms and Materials is conditioned upon your compliance with the following rules of conduct. By clicking “Yes” each time you generate documents on our , you agree that you will not take, directly or indirectly, any of the following actions:
Use any of the Platforms or Materials for any fraudulent or unlawful purpose.
Except as allowed by applicable laws, rules and regulations (“Applicable Law”), send unsolicited commercial email to the email addresses provided on or through the Platforms. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from Doss Docs. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited.
Impersonate any person or entity, including, but not limited to, Doss Docs or any of its employees, contractors or agents (each, a “Doss Docs Party”).
Forge any TCP/IP packet header or any part of the header information in any email.
Falsely state or otherwise misrepresent your identity or your affiliation with any person or entity, or express or imply that Doss Docs endorses any statement you make.
Transmit to or from the Platforms any unlawful, threatening, libelous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under Applicable Law.
Attempt to probe, scan or test the vulnerability of the Platforms or any Doss Docs system or network, or to breach security or authentication measures without proper authorization.
Restrict or inhibit any other person from using the Platforms or any Materials, including by means of hacking or defacing any portion of the Platforms.
Interfere or attempt to interfere with the proper functioning of the Platforms, including, without limitation, through the use of harmful devices or software code (e.g., time bombs, logic bombs, viruses/worms, back doors, trap doors, undocumented passwords, trojan horses), overloading, “flooding”, “mailbombing” or “crashing” (collectively, “Harmful Code”).
Interfere with or violate any other Platform user’s right to privacy or other rights, or harvest or collect personally identifiable information about Platform users, or about Doss Docs or any Doss Docs Party, without their express consent.
Sell, resell, transfer, license, distribute or otherwise exploit any portion of the Platforms or Materials for any commercial purpose, including any use on a timesharing or service bureau basis.
Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Platforms or Materials.
Frame or mirror all or any part of the Platforms or Materials without Doss prior express written authorization.
Copy, distribute, transmit, display, perform or create derivative works of the Platforms or Materials, including without limitation, allowing access to your account, your account number, user identification or password.
You represent, warrant and covenant to Doss Docs that: () you have the ability to enter into and be bound by these Terms (i.e. you are 18 years of age or older, have adequate mental capacity and are not a citizen, national or resident of any embargoed or sanctioned country or territory) and are not a prohibited user under Applicable Law; (ii) you have the power and authority to bind Your Business; and (iii) you, Your Business and Your Users will use the Platforms and Materials solely in compliance with these Terms and all Applicable Laws.
One or more of the Platforms may allow you to submit, post, upload, or otherwise make available (collectively, “Upload”) content such as data, documents, questions, public messages, ideas, product feedback, comments and other content (collectively, “User Content”) that may or may not be viewable by Your Users and users. If you Upload any User Content, unless otherwise agreed by Doss Docs in a separate signed writing, you hereby grant us a nonexclusive, royalty-free, and fully sublicensable right to access, view, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such User Content throughout the world in any form, media, or technology now known or hereafter developed. You also permit third party users to view, copy, access, store, or reproduce such User Content for that user’s personal use. You grant us the right to use the name and other information about you that you submit in connection with such User Content. You represent and warrant that: (a) you own or otherwise control all of the rights to the User Content that you Upload; (b) the User Content you Upload is truthful and accurate; and (c) use of the User Content you Upload does not violate these Terms or any Applicable Laws. You acknowledge and agree that neither Doss Docs nor its designees any obligation to pre-screen User Content, but Doss Docs reserves the right in its sole discretion to reject, move, edit, or remove any User Content that is Uploaded to any Platform. You further acknowledge and agree that Doss Docs does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content and your reliance on the accuracy, completeness, or usefulness of User Content.
Doss Docs represents that it will use commercially reasonable efforts to make the Platforms available for your use. The preceding limited warranty is the sole warranty provided with respect to the Platforms and any Materials. Your sole remedy in the event of any non-conformance is to stop using the Platforms and Materials.
Notwithstanding any other provisions of these Terms, Doss Docs shall have no obligations or liabilities resulting (in whole or in part) from or with respect to: (a) any use of the Platforms other than in accordance with the applicable documentation and these Terms; (b) any use, operation or combination of the Platforms or Materials with any other product, service or content; (c) any failure to promptly implement any update to the Platforms or properly maintain the infrastructure required to operate the Platforms; (d) any User Content entered by or on behalf of you or otherwise provided to Doss Docs (whether directly or indirectly); or (e) any breach of these Terms or any negligent act or omission by you.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, THE PLATFORMS AND MATERIALS ARE PROVIDED “AS IS”, “WHERE IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND. DOSS DOCS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY CONTRACT, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, DOSS DOCS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORMS OR MATERIALS (OR ANY USE THEREOF) WILL BE () PROVIDED WITH DUE CARE, SKILL OR DILIGENCE; (ii) UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS, IF ANY, WILL BE CORRECTED; (iii) FREE FROM HARMFUL CODE; OR (iv) ACCURATE, TIMELY, COMPLETE OR SECURE.
THE PLATFORMS ARE PROVIDED VIA THE INTERNET AND YOU ACKNOWLEDGE AND AGREE THAT NEITHER DOSS DOCS NOR ANY OF THE DOSS DOCS PARTIES OPERATES OR CONTROLS THE INTERNET. AS SUCH, THE PLATFORMS MAY BE SUBJECT TO INTERRUPTIONS, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NEITHER DOSS DOCS NOR ANY DOSS DOCS PARTY SHALL BE RESPONSIBLE FOR ANY INTERRUPTION OF USE, DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, DOSS DOCS DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ANY PROVIDERS (“TPPS”) OR ANY OF THEIR PRODUCTS OR SERVICES MADE AVAILABLE TO YOU ON OR THROUGH THE PLATFORMS.
NOTHING ON THE PLATFORMS OR IN ANY MATERIALS SHOULD BE CONSTRUED AS LEGAL ADVICE. YOU ARE ADVISED TO SEEK APPROPRIATE LEGAL ADVICE BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION BASED ON INFORMATION AND MATERIALS PROVIDED VIA THE PLATFORMS, INCLUDING WITHOUT LIMITATION, RELIANCE ON ANY USER CONTENT OR MATERIALS PROVIDED ON THE PLATFORMS OR ANY SIGNATURES FACILITATED THROUGH THE PLATFORMS. IN NO EVENT SHALL DOSS DOCS BE LIABLE FOR LOSSES ARISING FROM ANY USE OF OR RELIANCE ON INFORMATION ON THE PLATFORMS OR IN THE MATERIALS OR ANY DELAYS IN THE PROVISION OF INFORMATION OR ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF USING THE PLATFORMS AND MATERIALS.
TO THE EXTENT THAT THESE EXCLUSIONS ARE EXPRESSLY PROHIBITED BY APPLICABLE LAW IN YOUR STATE, THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY.
You acknowledge and agree that the Platforms and all Materials, together with all Doss Docs Confidential Information (as defined below), constitute the sole and exclusive property of Doss Docs (and/or its third party licensors as applicable), together with all modifications, updates, upgrades, enhancements and customizations to and compilations and derivative works of such items, and any and all present and future intellectual rights, including, but not limited to, patents, copyrights, trademarks, database rights, service marks and other proprietary rights of any type, whether registered or unregistered (“IP Rights”). You acknowledge and agree that you have no right in or license to any of Doss IP Rights except for the limited rights expressly granted in these Terms.
TRADE NAMES, TRADEMARKS AND SERVICE MARKS
Trade names, trademarks, and service marks of Doss Docs include, without limitation Doss Docs, LLC; Doss Docs; and . All trade names, trademarks and service marks on the Platforms or the Materials that are not owned by Doss Docs or Doss Docs Parties are the property of their respective owners. The trade names, trademarks, and service marks owned by Doss Docs or Doss Docs Parties, whether registered or unregistered, may not be used by you in connection with any product or service, or in any manner that is likely to cause confusion or dilution. Nothing in the Platforms or any Materials should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of Doss (or any Doss Docs Parties’) trade names, trademarks, or service marks.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Except for the limited license provided above, nothing in these Terms shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is Doss Docs policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via the Platforms, please notify us immediately by email to Support@DossDocs.com, or by regular mail to: Doss Docs, LLC, Attention: Legal Department, 300 Spectrum Center Drive, Suite 400, Irvine, CA 92618. DMCA notices must be in writing and must include all of the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Platforms;
Your address, telephone number, and email address and all other information reasonably sufficient to permit Doss Docs to contact you;
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; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THIRD PARTY LINKS
There may be links that make it easier for you to connect to sites that are made available by TPPS or that will let you access the Platforms from such sites. Linked third party sites are not under the control of Doss Docs, and Doss Docs is not responsible for the contents of any linked site or any link contained in the linked site. Existence of links to other sites is not an endorsement by Doss Docs in favor of such site or the products or services contained in any linked site. If you choose to access a website linked to any of the Platforms, you do so entirely AT YOUR OWN RISK. Concerns regarding services or resources or links should be directed to the applicable TPPS providing the service or resource. Doss Docs at all times reserves the irrevocable right to rescind consent for any link to any website through the Platforms and to take any legal action it deems appropriate.
From time to time in the course of using the Platforms and Materials, you may have access to certain confidential information of Doss Docs (“Doss Docs Confidential Information”). For clarity, as used in these Terms, “Doss Docs Confidential Information” means all nonpublic or proprietary information disclosed by or on behalf of Doss Docs, otherwise learned by you in the course of using the Platforms and Materials, which is () designated as confidential or proprietary; or (ii) a reasonable person would conclude is confidential or proprietary. Doss Docs Confidential Information includes, but is not limited to, the following (whether furnished before or after you start using the Platforms and Materials, whether disclosed orally, electronically, in writing or visual inspection of the Platforms and Materials): (a) graphics and content, documentation, proprietary software applications, program modules, routines and subroutines, file layouts, displays, diagrams, graphs, sketches, algorithms, design specifications, annotations, flowcharts, coding sheets, drawings, models, source code and object code, together with all new versions, releases, updates, modifications, improvements, enhancements, patches and bug fixes; (b) information relating to Doss know-how, processes, techniques, practices, methodologies, policies and procedures, manuals and handbooks, testing, research and development; (c) information regarding acquiring, protecting, enforcing and licensing Doss IP Rights; (d) information relating to Doss employees, partners and customers; and (e) any and all copies, reproductions, notes, analyses, compilations, studies, interpretations and summaries of any of the above items, regardless of who prepares them. Notwithstanding the foregoing, Doss Docs Confidential Information does not include any information that you can demonstrate by documentary evidence (1) is or has become publicly available through no wrongful act or omission attributable to you; (2) is or becomes rightfully known to you through a third party who is not subject to a restriction on disclosure; or (3) is independently developed by you without the use of or reference to Doss Docs Confidential Information.
You agree not to use Doss Docs Confidential Information for any purpose other than as required to use the Platforms and Materials in accordance with these Terms (the “Purpose”). You agree to hold all Doss Docs Confidential Information in strict confidence using at least the degree of care you would use to protect your most sensitive information and in no event less than a reasonable degree of care. You agree to not publish, disseminate, or otherwise disclose, or permit or facilitate the disclosure of, any Doss Docs Confidential Information to any third party. To the extent required for the Purpose as authorized by Doss Docs in writing, you may disclose Doss Docs Confidential Information only to your employees, directors, officers, contractors and agents (“Your Representatives”) who have a need to know such information to carry out the Purpose and are bound to obligations of confidentiality (either by written agreement or Applicable Law) which are no less restrictive than those set forth in these Terms. You agree to be responsible for all acts and omissions of your Representatives. Any copy, extract, portion, or derivative of Doss Docs Confidential Information shall be identified as belonging to Doss Docs and prominently marked “confidential.”
The Platforms are controlled and operated by Doss Docs from its corporate headquarters in Irvine, California, and are not intended to subject Doss Docs to the laws or jurisdiction of any state, country, or territory other than that of California and the U.S. Doss Docs does not represent or warrant that the Platforms or other Materials, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Platforms or the Materials do so on their own initiative and at their own risk, and are responsible for complying with local laws. Doss Docs may limit the availability of the Platforms and Materials to any person, geographic area, or jurisdiction it chooses, at any time in Doss sole discretion.
You agree to indemnify, defend and hold harmless Doss Docs and each of the Doss Docs Parties from and against any third party claim, suit, demand or action for damages arising from: (a) your access and use of the Platforms and Materials, or any or modification or alteration thereof; (b) any Harmful Code transmitted by you; (c) any violation of a third party’s IP Rights or other rights by you, Your Business, Your Representatives or Your Users (including any User Content any of them may Upload); and (d) any breach of these Terms or Applicable Law by you, Your Business, Your Representatives or Your Users. Doss Docs retains the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action that are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
LIMITATION OF DAMAGES
IN NO EVENT SHALL DOSS DOCS OR ANY DOSS DOCS PARTIES BE LIABLE TO YOU IN CONNECTION WITH YOUR USE OF THE PLATFORMS OR MATERIALS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OR LOSSES, OR FOR ANY LOSS OF PROFITS, REVENUE, INVESTMENT OR BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE, INCREASED COST OF BUSINESS, LOSS OF SALES, OR LOSS OF OR INABILITY TO ACCESS DATA OR INFORMATION, OR BREACH OF DATA SECURITY. IN NO EVENT SHALL THE TOTAL LIABILITY OF DOSS DOCS (AND THE DOSS DOCS PARTIES) TO YOU IN CONNECTION WITH YOUR USE EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO DOSS DOCS, IF ANY, FOR THE USE OF THE PLATFORMS DURING THE SIX (6) MONTH PERIOD PRECEDING THE INITIAL EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100). THIS PARAGRAPH STATES YOUR SOLE REMEDY FOR FINANCIAL HARM.
THE PURPOSE OF EACH PROVISION OF THESE TERMS THAT PROVIDES A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS RELATING TO YOUR USE OF THE PLATFORMS AND MATERIALS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DOSS DOCS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
MODIFICATION AND TERMINATION
These Terms become effective as soon as you click “Yes” each time you generate documents on our . Doss Docs may at any time: () modify or discontinue any part of the Platforms or Materials; (ii) charge, modify or waive fees required to use the Platforms and Materials; or (iii) offer opportunities to some or all users of the Platforms and Materials. Doss Docs reserves the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Doss Docs Site. Each time you use the Platforms, you should review the current Terms. You can determine when these Terms were last revised by referring to the “LAST UPDATED” date at the bottom. Your continued use of any of the Platforms or Materials will indicate your acceptance of the current Terms. Doss Docs reserves the right, without notice and at its sole discretion, to suspend or terminate your account or your use of the Platforms and to block or prevent future access to and use of the Platforms if you fail to pay for such use as otherwise agreed with Doss Docs or violate any of these Terms, and for any or no reason at all. Upon any such suspension or termination, you must immediately stop using the Platforms and erase the original and all copies, complete or partial, of any of the Materials (including all Doss Docs Confidential Information) from your devices, and, if requested, certify in writing to Doss Docs that all such items have been erased.
You agree that Doss Docs shall not be liable to you or any third party for any termination of your access to the Platform. Upon termination, all provisions of these Terms which by their nature are intended to survive termination (including, without limitation, all obligations of confidentiality, ownership, limitations of liability and indemnities) shall survive such termination.
GOVERNING LAW AND ARBITRATION
You and Doss Docs agree that in the event of any claim, dispute or controversy (whether in contract, tort or otherwise) arising out of, relating to or connected in any way with your use of any of the Platforms or Materials or the breach, enforcement, interpretation or validity of these Terms (each, a “Claim”) will be resolved exclusively by final and binding arbitration, except as otherwise provided in these Terms. Arbitration is more informal than a lawsuit and uses a neutral arbitrator to resolve the claim rather than a jury. Arbitration is subject to limited review by courts but arbitrators can award the same damages and relief that a court can award. YOU AND DOSS DOCS ARE EACH WAIVING THE RIGHT TO A JURY TRIAL. Notwithstanding the foregoing, each of the parties may bring an action in court to enjoin infringement or other misuse of a party’s intellectual property.
You and Doss Docs agree to use good faith efforts to resolve any claims within thirty (30) days following written notice by either party that a claim has arisen. If the parties cannot resolve the claim within such time period, then the claim shall be determined by a single arbitrator through American Arbitration Association (“AAA”), in the County of Orange, California. Alternatively, if it is determined or these Terms provide that a claim should not proceed through arbitration, each of you and Doss Docs agree that the claim will be resolved exclusively in federal court in the County of Orange, California (the “Venue”) and waive any objections as to personal jurisdiction in the Venue. The then-current AAA Commercial Arbitration Rules and Mediation Procedures shall apply. All fees charged by AAA shall be split equally by you and Doss Docs, but each party shall be responsible for its own attorneys’ fees. If the claim is valued at $10,000 or less, you may choose to have the arbitration conducted solely on the basis of the documents submitted to the arbitrator. You hereby acknowledge and agree that Doss Docs may service of process by email to the address provided by you to Doss Docs in connection with setting up your account. Each of the parties waives the right to personal service.
You and Doss Docs agree that all claims will be governed by the laws of the State of California, without regard to conflict of laws principles and the Federal Arbitration Act (FAA). Any claims must be raised within one (1) year after the event which gives rise to the claim and may only be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You agree that, to the extent permitted by law: (A) any and all claims will be resolved individually in the Venue designated above, without resort to any form of class action; and (B) any judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will attorneys’ fees be awarded or recoverable.
These Terms, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Doss Docs with respect to your use of any of the Platforms and Materials and supersede all prior or contemporaneous communications, agreements, and proposals with respect to such use. No provision of these Terms may be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without Doss express prior written consent. Doss Docs will not be responsible for failure to fulfill any obligation due to causes beyond our control. Nothing in these Terms is intended to confer on any third party any benefit or any right to enforce these Terms.
Communications made through the Website’s email and messaging system shall in no way be deemed to constitute legal notice to Doss Docs, nor any employees, agents, contractors nor representatives (including when notice to Doss Docs is required by contract, or any federal, state or local laws, rules or regulations).
You agree that Doss Docs may send all communications, agreements, and notices to you relating to your use of the Platforms (“Communications”), via electronic means, including by email, text, in-app notifications, or by posting on the Doss Docs Website or in the “Settings” of the applicable Platform (if available). You agree that all Communications we provide electronically will satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner. You may provide communications to Doss Docs by email (deemed delivered on the date Doss Docs sends a responsive email) to Support@DossDocs.com. In the alternative, you may send communications to Doss Docs by regular mail (deemed delivered on the third business day) to: Doss Docs, LLC, Attention: Legal Department, 300 Spectrum Center Drive, Suite 400, Irvine, CA 92618. If applicable, you agree to keep your account contact information current by updating your profile page in “Settings” of the applicable Platform or sending a communication as provided in this paragraph.
Website Informational Purposes Only
The materials on the Website have been prepared by Doss Docs and are for informational purposes only to permit you to learn about the services we offer. The information presented on this Website does not constitute legal advice and should not be used as such. Moreover, the information on this Website is not a substitute for advice from qualified counsel licensed in your state or jurisdiction and should not be relied upon as such.
The information on the Website is not intended to be advertising or solicitation. We have endeavored to comply with all applicable legal and ethical requirements in creating this Website. We do not seek to reach anyone by means of this Website in a state or jurisdiction where the Website may not comply with all legal and ethical requirements of that state or jurisdiction.
The hiring of an attorney is an important decision that should not be based solely upon advertisements.
No Attorney-Client Relationship
There is no attorney-client relationship created by the use of this Website, generating documents on this Website, receipt of the information found on this Website, nor through attempts to contact Doss Docs.
This Website is for information purposes and document generation only. Use of this Website does not establish an attorney-client relationship and the information provided is not legal advice. This Website does not provide legal advice nor establish and attorney-client relationship with any of its users.
The sending of an inquiry or email to Doss Docs, or any employees, agents, or representatives of Doss Docs does not create an attorney-client relationship. Please be aware that anything you send to anyone at Doss Docs will not be treated as or considered to be confidential, secret, privileged, or otherwise protected from disclosure.
Transmission, use, and receipt of the information on the Website and communications sent via emails or other transmissions are not intended to create and do not create an attorney-client relationship between you and us. Doss Docs does not provide legal services. Unsolicited or confidential emails or other transmissions sent to us are not subject to an attorney-client privilege and are not treated as privileged or confidential. Please do not send us any confidential or sensitive communications without first speaking with and obtaining prior authorization from your legal counsel to send such communications.
No Legal Advice Intended
This Website presents general information about Doss Docs and provides the ability for you to generate documents. Nothing contained in this Website is intended as legal advice to you or anyone else, and you should not consider it as such. The materials and information on Doss Docs are for general purposes only and should not be taken as legal advice for any individual case or situation. You should contact an attorney directly for any advice on a specific legal issue.
We follow generally accepted document generation industry standards to protect the information submitted to us, both during transmission and once we receive it. If we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or by looking for “https” at the beginning of the address of our .
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees, contractors and/or agents of Doss Docs, who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
We attempt to adopt commercially reasonable security measures consistent with the document generation industry practice to assist in protecting against the loss, misuse, and/or alteration of personally identifiable information which is under our control. However, no system of transmitting data over the internet can be guaranteed to be 100% secure. As a result, while we undertake commercially reasonable efforts to protect your personally identifiable information, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer and our servers, or any information provided to us or to any third party through or in connection with our . You provide all such information entirely at your own risk.
Links to Other Sites
Furthermore, we are not responsible for any damages, including but not limited to emotional or physical, that you receive from the other websites as a result of its content or transmission of viruses from those websites, and/or other damaging transmissions from those websites to your computer.
All content included on this Website is and shall continue to be the property of Doss Docs (and/or its content suppliers) and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content, documents, document templates, and/or any part of the Website is prohibited, except as expressly permitted by Doss Docs. Under no circumstances will you acquire any ownership rights or other interest in any content, documents, document templates, and/ or any part of the Website, by or through your use of this Website.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of this Website and the documents you generate on this Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
You agree to indemnify, defend and hold Doss Docs and our employees, agents, contractors, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of the Terms of this Website.
We may collect non-personal information, such as a domain name and IP Address. The domain name and IP address reveals nothing personal about you other than the IP address from which you have accessed our . We may also collect information about the type of internet browser you are using, operating system, what brought you to our , as well as which of our pages you have accessed.
Additionally, if you communicate with us regarding our , its document generation, and/or our services, we will collect any information that you provide to us in any such communication. We may contact you via email in the future to tell you about specials, new products or services, and/or to change to the Terms.
We use the collected information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving our document generation services and Website, fulfilling requests for information, and providing customer support. Doss Docs reserves the right, and you authorize us, to use and assign all information regarding this Website and its uses by you, including all information provided by you in any manner consistent with our Terms.
We use “cookies” on this Website. A cookie is a piece of data stored on a website visitor’s hard drive to help us improve your access to our and identify repeat visitors to our . For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving you time while on our . Cookies can also enable us to track and target the interests of our users to enhance the experience on our . Usage of a cookie is in no way linked to any personally identifiable information on our .
We will not sell or otherwise provide the information we collect to outside third parties for direct or indirect mass email marketing. We will disclose personal information and/or an IP address, when required by law or in the good-faith belief that such action is necessary to:
Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on Doss Docs.
Protect and defend the rights or property of our and related properties.
Identify persons who may be violating the law, the rights of third parties, or otherwise misusing our or its related properties.
Please keep in mind that whenever you voluntarily disclose personal information online (e.g., through email, discussion boards, elsewhere, etc.), that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
Ultimately, you are solely responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you are online.
This Website may contain links to other websites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our and to read the privacy statements of any other website that collects personally identifiable information.
Surveys & Contests
From time-to-time our may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether to participate and disclose any information. Information requested may include contact information (e.g., name, shipping address, etc.), and demographic information (e.g., age, gender, occupation, etc.). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Website.
If any provision of the Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that our Terms will otherwise remain in full force and effect.
If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity nor enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
LAST UPDATED: October 4, 2021