Last Updated: December 12, 2016
Welcome to the website and online services (the “DOCHELP”) provided by DOCHELP BASEMENT. The following Terms of Service for the DOCHELP Site is a legal contract between you, either an individual visitor or user of at least 13 years of age (“You”), and DOCHELP regarding your use of the DOCHELP Site. Visitors and users of the DOCHELP Site are referred to individually as “User” and collectively as “Users”.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM, UPLOADING TO OR USING THE DOCHELP PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”).
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, CLOSE THE PLATFORM DOWN IMMEDIATELY AND DO NOT ACCESS OR OTHERWISE USE THE PLATFORM OR ANY INFORMATION CONTAINED ON THE PLATFORM. YOUR USE OF THE SYSTEM SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE AND BE BOUND BY EACH OF THE TERMS SET FORTH BELOW.
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The Site is not available to persons under the age of 13 or to any Users previously suspended or removed from the Site by DOCHELP's Board of Administration. BY DOWNLOADING, INSTALLING, ACCESSING, OR OTHERWISE USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. The content on or from the Site may not be resold or relicensed.
DOCHELP may provide You with notices, including those regarding changes to DOCHELP's terms and conditions, by email, regular mail, or postings on the Site. Notice will be deemed given twenty-four hours after email is sent, unless DOCHELP is notified that the email address is invalid. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Site is deemed given 30 days following the initial posting.
3. DOCHELP LICENSE GRANT
DOCHELP platform provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the "Materials") that are not User Content (as defined below) are provided to You by DOCHELP and are the copyrighted and/or trademarked work of DOCHELP or DOCHELP's contributors.
DOCHELP grants You a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the services of the Site solely for Your own personal or business use. Except for the license set forth herein, You acknowledge and agree that You may have NO right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance or in any way exploit any of the Content in any manner, depending upon the terms of the license specified by the User who has made the User Content or Materials available or the Creative Commons license type selected by the User who has made the User Content or Materials available, except possibly for fair use rights (see 11 U.S.C. 107 – see, e.g., http://www.copyright.gov/fls/fl102.html.) In many instances You will have the right to modify, edit, reproduce, alter and use User Content or Materials for Your personal use or for business use. In almost all instances You will have NO right to resell or re-license User Content or Materials. This limited license terminates automatically, without notice to You, if You breach any of these Terms. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed User Content and Materials and all copies thereof, including backup or archival copies. Except as stated herein, You acknowledge that You have NO right, title or interest in or to the Site or the User Content or Materials.
3.1 DOCHELP LICENSE GRANT FOR UPLOADING
Subject to Your compliance with the terms and conditions set out in these Terms, DOCHELP hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Site for the uploading, submitting, posting, distributing or otherwise making available authorized digital content, including electronic documents, information, messages, comments or other content or material ("User Content"). Content is uploaded at Your own risk. Notwithstanding any obligations hereunder of DOCHELP to protect User Content with security measures, DOCHELP cannot guarantee that there will be no unauthorized copying or distribution of User Content nor DOCHELP will be liable for any copying or usage of the User Content not authorized by DOCHELP.
3.2 DOCHELP LICENSE GRANT FOR DOWNLOADING
Subject to Your compliance with the terms and conditions set out in these Terms, DOCHELP hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to view and download User Content solely through the Site subject to the license under which such User Content is distributed.
Content available through DOCHELP platform is “Third Party Content.”
3.3 RESERVATION OF RIGHTS
DOCHELP reserves all rights not expressly granted in these Terms of Service.
3.4 PREVENTION OF UNAUTHORIZED USE
DOCHELP reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, including, but not limited to, technological barriers: IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
4. USER CONTENT LICENSE GRANT - REPRESENTATIONS AND WARRANTIES
4.1 RETENTION OF OWNERSHIP
You retain all of Your ownership rights in User Content owned by You.
4.2 LICENSE GRANT TO DOCHELP
Unless otherwise agreed to in a separate written agreement between You and DOCHELP signed by an authorized representative of DOCHELP BASEMENT:
a) By uploading, making available for upload, distributing or disseminating User Content through the Site (except for confidential price lists), You hereby grant to DOCHELP a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise use and sell or license Your User Content, in any media formats and through any media channels, in order to make available, display, perform, reproduce, distribute, publish and promote such User Content in connection with the Site and services offered or to be offered by DOCHELP platform. DOCHELP may put restrictions on any of Your User Content and restrict access and ability to download or print to Users. You are reminded that You agree not to upload documents that violate these Terms of Service, including those documents that might infringe upon the copyrights held by others. Such license will apply to any form, media, or technology now known or hereafter developed.
b) Subject to section 4.3 below, the license granted by You in Section 4.2(a) above, terminates as to a specific piece of User Content once You remove or delete such User Content from the Site.
c) By uploading User Content, You hereby warrant that Your User Content is free of any Digital Rights Management (DRM) tools, including any software designed to limit the number of times User Content may be copied or played.
4.3 LICENSE GRANT TO OTHER DOCHELP USERS
By uploading, making available for upload, distributing or disseminating User Content through the Site, You hereby grant to each User that is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded or made available for uploading such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access Your User Content at least a limited, non-exclusive, license to view, download, print, reproduce, and store such User Content in the manner contemplated by these Terms and the Site. Further, unless you clearly state otherwise You grant a license to Users to modify, edit, reproduce, alter and use Your User Content or Materials for personal use or for business use. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the Site provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Site survive any termination or expiration of the license You have granted. In other words, once another User has downloaded or printed Your User Content no one can technologically stop that User from possessing, displaying or otherwise using Your User Content, though DOCHELP may attempt to contractually limit or terminate usage. Further, such User Content might remain available by search engines or internet services, for example, that might have cached or archived such User Content, and DOCHELP's system has no obligation to prevent, limit, or do anything about that.
4.4 USER CONTENT REPRESENTATIONS AND WARRANTIES
You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
1) You are the creator and owner of or have all the necessary licenses, rights, consents, releases and permissions to use and to authorize DOCHELP's Users to use Your User Content as necessary to exercise the licenses granted by You in this agreement and in the manner contemplated by DOCHELP and these Terms;
2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person or entity. YOU WILL NOT UPLOAD WORKS THAT YOU DO NOT HAVE THE RIGHTS TO: YOU WILL NOT INFRINGE UPON THE COPYRIGHT OF ANY OTHER PERSON OR ENTITY;
3) Your User Content does not contain any cookies, viruses, adware, spyware, worms, trojans, or other malicious code;
Violators of third-party rights may be subject to criminal and/or civil liability. DOCHELP reserves all rights and remedies against any Users who violate these Terms, including the right to remove User Content and to terminate Your account and access to the DOCHELP site and services.
4.5 USER CONTENT DISCLAIMER
You must understand that when using the Site You will be exposed to User Content from a variety of sources, and that DOCHELP 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 DOCHELP with respect thereto. DOCHELP does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and DOCHELP 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, DOCHELP 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, DOCHELP does not permit copyright infringing activities on the Site.
You may to register for a password to log in to this Site and to use certain functions and areas within this Site. As part of the registration process, You may be asked to select a username and password. DOCHELP may refuse to grant You a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by DOCHELP in its sole discretion. You are responsible for maintaining the confidentiality of Your password and account, and agree to notify DOCHELP if Your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under Your registered account and accounts of Your Users. You agree to immediately notify DOCHELP of any unauthorized use of Your account or any other breach of security in relation to this Site known to You. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your username, password, or any credit, debit or charge card number, if applicable), then You agree to immediately change Your password and notify DOCHELP. You may be liable for the claims against or losses incurred by DOCHELP's system or others due to any unauthorized use of Your account.
7. THIRD PARTY CONTENT
Certain information and other content that are not User Content may be provided by third party licensors and suppliers to DOCHELP ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You acknowledge and agree that You have no right to download, print, cache, reproduce, modify, display, distribute, (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless You have permission from the owner or licensor of the Third Party Content. DOCHELP DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. LINKS TO THIRD-PARTY SITES
This Site may be linked to other sites that are not DOCHELP sites ("Reference Sites"). DOCHELP is providing these links to You only as a convenience, and DOCHELP is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
9. USER CONTENT
You are responsible for creating and maintaining copies of any User Content or Content that You store on DOCHELP, including in the private documents storage area on the Site. DOCHELP is not responsible for creating or maintaining any such copies, and DOCHELP may remove or permanently delete any User Content or other Content at any time and for any reason or no reason at all and is not responsible for loss of User Content or other Content, including without limitation DOCHELP’s negligent or intentional deletion of any User Content or other Content.
You further agree that You will not upload to DOCHELP’s servers, post or otherwise make available on this Site any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other claims or harm resulting from Your User Content or Your other Content.
You represent and warrant that: 1) You own all User Content posted by You on or through this Site or otherwise have the right to grant the licenses to DOCHELP and its Users set forth herein, and 2) the posting of Your User Content on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, trade secrets, or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person or entity by reason of any User Content posted by You to or through this Site.
When submitting User Content to or otherwise using this Site and/or the services, You agree not to, without limitation:
Use the Site for any purposes other than to disseminate or receive original or appropriately licensed Content and/or to access the Site as such services are offered by DOCHELP;
Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use racially, ethnically, or otherwise offensive language;
Discuss or incite illegal activity;
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
Post anything that exploits children or minors or that depicts cruelty to animals;
Post any copyrighted or trademarked materials without the express permission from the owner;
Post any other party’s trade secrets;
Post matters that by their confidential or security clearance nature may threaten international, national, state or local security;
Post outdated materials such as outdated sex offender registries;
Post a third-party’s social security number, credit card number, unpublished phone number, non-public e-mail or physical mail address, medical records or information, tax records, or other confidential or personal information;
Post any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
Use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or User Content, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site or User Content;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, or DRM, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Interfere with or damage operation of the Site or any User's enjoyment of the Site, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
Relay email from a third-party’s mail servers without the permission of that third party;
Use any robot, spider, scraper or other automated means to access the Site, except for accessing RSS feeds;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
Post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that generally detracts from the DOCHELP experience;
Engage in any activity or upload commercial content that generally detracts from the DOCHELP experience;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Artificially inflate or alter the ratings available on this Site or alter any comments posted by others on this Site.
This list of prohibitions provides examples and is not complete or exclusive. DOCHELP reserves the right to 1) terminate Your access to Your account, Your ability to post to this Site (or the services) and 2) refuse, delete or remove any User Content; with or without cause and with or without notice, for any reason or no reason, or for any action that DOCHELP determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. DOCHELP may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at DOCHELP’s discretion, DOCHELP will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. Such termination may continue so long as DOCHELP suspects the violation in question, and DOCHELP will have no liability to You for such suspension, including without limitation liability to refund any fees for paid for any content, documents, features or subscriptions.
These prohibitions do not require DOCHELP's system to monitor, police or remove any User Content or other information submitted by You or any other user.
10. UNAUTHORIZED ACTIVITIES
User Content and unauthorized use of any Materials or Third Party Content contained on or available through this Site may violate certain laws and regulations. You agree to indemnify, defend and hold DOCHELP and its officers, directors, employees, affiliates, agents, attorneys, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs) DOCHELP or any other indemnified party suffers in relation to, arising from, or for the purpose of defending against or avoiding, any claim or demand from a third party that Your use of this Site or the uploading of Your User Content, or the use of this Site or the uploading of User Content by any person using Your user name and/or password (including without limitation, Your participation in the posting areas or, Your User Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
11. COPYRIGHT AND TRADEMARK INFRINGEMENTS - NOTIFICATION
DOCHELP respects the intellectual property rights of others, and we require You to do the same. DOCHELP may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe or are accused of infringing the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement please comply with the requirements of the Digital Millennium Copyright Act and notify DOCHELP. If You believe that Your work is the subject of trademark infringement and appears on our Site, please provide DOCHELP's designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit DOCHELP to locate the material.
Information reasonably sufficient to permit DOCHELP to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DOCHELP reserves the right to assert that it has no obligation under the law to take action with regard to alleged trademark infringement, and to require that You support Your claims of actionable trademark infringement.
DOCHELP’s system for notice of claims of copyright or trademark infringement on this Site can be reached on this Contact Us section or by using Report button on each document site.
12. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. NEITHER THE MATERIALS, USER CONTENT NOR THE THIRD PARTY CONTENT HAVE BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY DOCHELP, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. DOCHELP DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS, USER CONTENT OR THE THIRD PARTY CONTENT CONTAINED ON THIS SITE. DOCHELP HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, USER CONTENT AND/OR THE THIRD PARTY CONTENT, WHETHER PROVIDED BY DOCHELP OR OUR LICENSORS. THIS SITE AND DOCHELP DO NOT PROVIDE LEGAL ADVICE. THE MATERIALS, USER CONTENT AND THE THIRD PARTY CONTENT ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS, USER CONTENT AND THIRD PARTY CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY OR APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL OR FINANCIAL ISSUE.
DOCHELP DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, MATERIALS, USER CONTENT, THIRD PARTY CONTENT, OPINIONS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE.
DOCHELP, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, USER CONTENT OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE USER CONTENT OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, USER CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS **AILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DOCHELP DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY DOCHELP HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
13. LIMITATION OF LIABILITY AND DAMAGES
13.1 LIMITATION OF LIABILITY
DOCHELP SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR USER CONTENT TO OR FROM THE SITE. DOCHELP SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF THE SITE OR SERVICE TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH THE SITE, OR FOR ANY LACK OF ACCESS TO THE SITE OR SERVICE. DOCHELP MAY INTERRUPT THE SITE OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT SHALL DOCHELP BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF DOCHELP KNOWS OR HAS BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN DOCHELP AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.
13.2 LIMITATION OF DAMAGES
IN NO EVENT WILL DOCHELP OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, ATTORNEYS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT DONATED BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE WITHOUT LIMITATION LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN DOCHELP AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.
13.3 LIMITATION BY APPLICABLE LAW
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS 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 TERMS OF SERVICE 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.
13.4 BASIS OF BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT DOCHELP HAS OFFERED ITS SITE AND SERVICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DOCHELP, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DOCHELP. DOCHELP WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
DOCHELP may, in its sole discretion, for any or no reason, and without penalty, terminate and/or suspend Your access to this Site without notice. DOCHELP prefers to advise You of Your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by DOCHELP, may result in immediate termination of Your access to this Site. If DOCHELP terminates Your access to the Site, DOCHELP may delete Your user profile(s) but will not be obligated to, and may delete any User Content that You have provided in connection with the Site. DOCHELP has the right to terminate any password-restricted account for any reason. You will not create multiple user accounts, particularly so as to abuse the any of the DOCHELP policies, guidelines, or systems, or in connection with DOCHELP. If, in violation of these Terms of Service you have created multiple accounts and any single account is terminated by DOCHELP then DOCHELP may terminate all of Your accounts. Further, if DOCHELP terminates any of Your User accounts and You have multiple accounts You will notify DOCHELP of the usernames of all Your other User accounts and you will not open any new User account(s). Such termination may continue so long as DOCHELP suspects the violation in question, and DOCHELP will have no liability to You for such suspension, including without limitation liability to refund any fees for paid for any content, documents, features or subscriptions. You agree that DOCHELP will not be liable to You or any third party for any such termination.
14.2 YOUR REMEDIES
Your only remedy with respect to any dissatisfaction with 1) the Site, 2) any term of these Terms, 3) any policy or practice of DOCHELP in operating the Site, or 4) any content or information transmitted through the Site, is to terminate these Terms and Your account. You may terminate these Terms at any time by discontinuing use of any and all parts of the Site.
You agree to indemnify, defend, save, and hold harmless DOCHELP, its parent and affiliated companies, contractors, employees, agents, attorneys, and its third-party suppliers, licensors, and partners, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. DOCHELP 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 harmless DOCHELP, and You agree to cooperate with DOCHELP's defense of these claims. DOCHELP will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
This is the entire agreement between You and DOCHELP relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by DOCHELP as set forth in section 2 and 3 above.
Thank you for being here,