The DocSafe Service Agreement
By clicking on the I Agree button and/or accessing any part of The DocSafe and its website www.thedocsafe.com (the “Service”), you consent to and are agreeing to be bound by the terms and conditions of this Service Agreement (this “Agreement”). If you do not agree to these terms and conditions, or cannot comply with them, then you should not register for the Service.
Terms and Conditions
1. The Service. SEMA Storage, LLC, a Florida limited liability company (doing business as The DocSafe) provides online document storage and access services through its website www.thedocsafe.com. The Services consist of user interfaces, data encryption (as available), data transmission, data access (as available) and data storage. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment and services needed to access the Service. The DocSafe makes no guarantees as to the continuous availability of the Service or of any specific features of the Service. The DocSafe reserves the right to change the Service or the terms and conditions of this Agreement at any time without notice.
2. Restrictions and Policies. You agree to use the Service for lawful purposes, in compliance with all applicable laws including, without limitation, copyright, trademark, obscenity and defamation laws. Unlawful uses of the Service include (without limitation) storing, distributing or transmitting any unlawful material, or attempting to compromise the security of any networked account or site. You agree to defend and indemnify The DocSafe against any claim or action that arises from your use of the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies stated herein. The DocSafe reserves the right to access and disclose any information, data, files and other content created, provided or accessed by you (“Data”) in order to comply with applicable laws and lawful government requests, to operate its business properly. This may include disclosing your name and identification information. The DocSafe reserves the right in its sole discretion to remove any Data from its system. The DocSafe will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to such authorities any suspect activity of which it becomes aware.
3. Support. The DocSafe provides support via email which is available twenty-four (24) hours per day, seven days a week.
4. Payment of Fees. The Service is offered for monthly or annual fees (the “Fees”). You agree to provide The DocSafe with accurate and complete billing information, including your legal name, address and telephone number, and to update this information within thirty (30) days of any change thereto. Payment for the Service by fraudulent means will result in immediate and permanent termination of the account and possible criminal penalties. Upon establishing an account for the Service and throughout this Agreement, you will pay the DocSafe, by authorized credit card, the then applicable Fees for the Service. The DocSafe reserves the right to change the Fees or applicable charges and institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). The Fees will automatically be charged, in advance, either monthly or annually according to the payment plan you choose. Your account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed and that amount remains unpaid for a period thirty (30) days. Penalties may be applied in the event of canceled or expired credit card. Accounts that are delinquent for more than thirty (30) days may be suspended, archived or purged from the system. Suspended accounts continue to accrue charges until reinstated or canceled. The DocSafe may impose a charge to restore archived Data for delinquent accounts. If you believe The DocSafe has billed you incorrectly, you must contact The DocSafe within thirty (30) days following the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or credit. Failure to do so will result in no adjustment or credit given by The DocSafe.
6. Termination. The DocSafe may terminate your password, account or use of the Service, and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your account upon notice to The DocSafe at any time; however, you will not receive a refund of any portion of your fees paid to The DocSafe. Upon termination of an account, your right to use such account and the Service will immediately cease. The DocSafe has no obligation to maintain any Data stored in your account or to forward any Data to you or any third party. The DocSafe may, but is not required to, delete archived Data. Cancellation of the service can be done through the website at www.thedocsafe.com through the Contact Us link. The DocSafe will remove the Data of an account shortly after cancellation. Upon expiration or termination, you will immediately cease use of the Service. Except as otherwise expressly provided herein, all sections of this Agreement, which by their nature should survive termination, will survive termination including, without limitation, accrued rights to payment, warranty disclaimers, and limitations of liability.
7. Warranty Disclaimer. The Service is provided “as is” without warranty of any kind. The DocSafe disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
8. Limitation of Liability. The DocSafe’s total liability, if any, with respect to the subject matter of this Agreement (including, but not limited to, liability arising out of contract, tort, strict liability, breach of warranty or otherwise) will be limited to the Fees paid by you to the DocSafe for the Service in the twelve (12) months preceding the act of injury that gave rise to the liability. In no event will The DocSafe be liable for loss or inaccuracy of data, loss of profits or revenue, or indirect, special, incidental or consequential damages (including, but not limited to the cost of any substitute procurement), whether or not foreseeable, and even if The DocSafe has been advised of the possibility of such damages.
9. Miscellaneous. Whenever used herein, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. The captions and headings herein are for convenience and reference only and in no way define or limit the scope or content of this Agreement or in any way affect its provisions. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Florida without regard to the conflict of laws principles thereof. This Agreement may not be orally amended or changed, but may be amended or changed only by an instrument in writing, executed by the parties hereto. All prior understandings and agreements among the parties hereto are merged herein. The failure of either party to exercise any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement may not be assigned or transferred by you except with the prior written consent of The DocSafe. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.