Doxo User Terms of Service

Version 1.6
Effective October 20, 2014

Please read these User Terms of Service ("Terms") carefully. If you use or access Doxo, Inc. or our affiliates ("Doxo" or "we" or "us") services, products, or websites ("Doxo Services"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Doxo Services. We may update or modify these Terms from time to time and will post them and update the date. By accessing or using the Doxo Services thereafter, you agree to be bound by such updated Terms. If you do not agree, you should not continue to use the Doxo Services.

User Obligations

When using the Doxo Services, you agree to: (1) provide accurate information to us at all times and promptly update any information provided, including your profile or any other Doxo account information; (2) keep your access credentials confidential and secure and to promptly notify us if they are compromised; and (3) promptly update any compromised credentials to new credentials and take other steps that you or we may deem necessary to protect your account.

You are responsible for any inaccurate information you provide in connection with the Doxo Services and any actions taken under your Doxo account credentials, regardless of whether such actions are taken by you or a third party. We are not liable for any loss or damage arising from any unauthorized use of your account.

Qualifications

You represent and warrant that you meet the following qualifications: (1) if you are an individual person, that you are at least 18 years of age and a resident of the US; (2) if you are an organization, that you are validly organized under applicable US law, and the person completing this registration is authorized to enter into contracts on the entity's behalf; and (3) you are able to form legally binding contracts under applicable law.

Content

As between you and us, all User Content is your sole and exclusive property and you are responsible for it. "User Content" consists of any information, content, or material that you upload, post, or transmit to the Doxo Services. We may use the User Content to provide the Doxo Services to you. We may also aggregate User Content with other user content in such a way that it will not identify you and we may use that aggregated User Content to develop and improve Doxo's products and services. Except as otherwise provided in these Terms, we will not use the User Content.

In addition, we may use or disclose any information that we reasonably believe is necessary to: (1) satisfy legal requirements or governmental requests; (2) enforce or investigate violations of these Terms; (3) detect, prevent, or otherwise address fraud, security, or technical issues; (4) respond to your user support requests; (5) protect the rights, property, or safety of Doxo, our users, and the public.

User Prohibitions

With regard to your use of the Doxo Services, you agree not to engage in any of the following activities and that doing so is a breach of these Terms:

  • Violating local, state, or other applicable laws or regulations;
  • Posting User Content that infringes the intellectual property rights, privacy, publicity, or other rights of any third party;
  • Posting User Content that is unlawful, obscene, defamatory, threatening, harassing, hateful, or embarrassing to any party as determined in our sole discretion;
  • Posting any materials to solicit business for yourself or any third party;
  • Impersonating a third party or implying you are someone other than who you are;
  • Distributing viruses or other harmful or malicious computer code;
  • Collecting information about others without their explicit written consent;
  • Providing your access credentials or otherwise allowing a third party or third party system to use your identification, to pretend they are you, or to access your Doxo account; or
  • Engaging in any conduct that disrupts or impedes a third party's use and enjoyment of the Doxo Services, or which, in our judgment, exposes us or any customers, partners or related entities to liability or detriment of any type.

Privacy

We use and protect your information and maintain the security of the Doxo Services in accordance with the Doxo Privacy Policy, which is incorporated by reference and located at www.doxo.com.

Use of Doxo Services; Limited License

Doxo grants you limited, revocable, non-sublicensable license to access and use the Doxo Services and all content, data, information, and materials included in the Doxo Services (the "Doxo Services Materials") solely for your own personal use, or if you are a commercial customer of Doxo, solely for your internal business use, subject to the terms and conditions set forth in these Terms or provided in connection with the Doxo Service. All other rights are reserved by Doxo. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, or use the Doxo Service or Doxo Service Materials except as explicitly authorized in these Terms. You will not use the Doxo Services or any of the Doxo Services Materials other than for their intended purpose or in any way that is unlawful or harms us or our suppliers.

Without limiting the foregoing, you may not engage or attempt to engage in the practices of "screen scraping," "database scraping," "data mining" or any other activity with the purpose of obtaining lists of users or other information from the Doxo Services or that uses web "bots" or similar data gathering or extraction methods, or knowingly permit use of your access credentials by another party to do so. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Doxo Services.

Connecting with Providers on the Doxo Service

You and a Doxo service provider ("Provider") may "Connect" on the Doxo Service. When you agree to Connect with a Provider, you are agreeing: (1) that the Provider may deliver all documents, notices, and other account information and materials ("Documents") to you electronically through the Doxo Service; (2) that the information delivered may include private, sensitive, or confidential information; (3) that your Doxo address (your doxo ID) may be used as your address of record for that Provider; (4) this electronic delivery satisfies all other requirements, whether contractual or legal, regarding the manner of delivery or notification the Provider may use, including requirements relating to privacy or security, or that communications be in writing; and (5) you release Provider from any obligation or requirement to send Documents or notifications to you in any other manner (including, without limitation, in paper form, through the mail or any other means, or otherwise). In order to access Documents through the Doxo Services, you will need a working connection to the Internet and must be logged into your Doxo account. You may print a paper copy or download an electronic copy of any document stored in your Doxo account by utilizing the print function or download function within your browser or your Doxo account. You may opt out of receiving information electronically by terminating a Connection with the Provider through the interface of your Doxo account, which you may do at any time, and you have an obligation to terminate a Connection with any Provider from whom you do not want to receive Documents through the Doxo Services. Terminating a Connection with a Provider will not remove Documents in your Doxo account. Documents will remain in your Doxo account until you remove them or terminate your Doxo account.

Your business dealings, communications and relationships with Providers, and any terms, conditions, warranties, representations, terms of use and privacy and data practices established by Providers are not the responsibility of us, but are solely between you and the Provider.

When you use the Doxo Services, you may also be using the services of one or more third parties, such as a wireless carrier or mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties

Account Usage Limitations

You may receive an unlimited number of Documents from Providers to which you are Connected. You may upload no more than 500 MB of Documents and data per calendar month to your Doxo account.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding us or the Doxo Services that you provide to us, whether in email, feedback forms, or other submission format, shall belong exclusively to us, without acknowledgement or compensation to you.

Disclaimer

THE DOXO SERVICES, THE DOXO SERVICES MATERIALS, AND OTHER SERVICES, PRODUCTS, OR MATERIALS PROVIDED IN CONNECTION THEREWITH BY DOXO, PROVIDERS, OR ANY OTHER THIRD PARTY (THE "MATERIALS") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DOXO, PROVIDERS AND ALL OTHER THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DOXO, PROVIDERS AND ALL OTHER THIRD PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR COVENANTS THAT THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS TO AND USE OF THE MATERIALS IS SAFE, DOXO DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE MATERIALS OR THE DOXO OR THIRD PARTY SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL DOXO, PROVIDERS, OR OTHER THIRD PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE DOXO SERVICES, THE USE OF THE DOXO SERVICES MATERIALS, OR THE MANNER OR MEANS BY WHICH THE DOCUMENTS ARE DELIVERED TO YOU. IN ANY EVENT, THE MAXIMUM LIABILITY OF DOXO, ITS PROVIDERS AND OTHER THIRD PARTIES ARISING WITH RESPECT TO THE MATERIALS OR OTHERWISE, WHETHER UNDER CONTRACT, TORT OR ANY OTHER BASIS SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL PAYMENT MADE BY YOU TO DOXO FOR THE AFFECTED MATERIALS.

Suspension of Access to Your Account

We can suspend access to your account on the Doxo Services if, in our sole discretion, we believe: (1) there is risk to the security or privacy of your account; (2) there is a threat to the security or integrity of Doxo's network or the Doxo Services; (3) suspension is needed to protect the rights, property or safety of Doxo, our users or the public; (4) there is a basis for termination of your account; or (5) you have violated these Terms; or (6) we are required to by law.

We will provide you notice in the event of any suspension. During such suspension, you will not have the ability to use or access the Doxo Services and other information contained or stored by you in, or as part of, the Doxo Services will no longer be accessible to you. Any suspension of your access to the Doxo Services will not limit or waive our rights to terminate your access to the Doxo Services. At the point we determine, in our sole discretion, that the reason for suspension of access to your account has been resolved, we will restore access to your account.

Termination of Your Account

You may cancel your Doxo account at any time by cancelling you account within the settings menu of the Doxo Service. We may cancel your access to the Doxo Services: (1)immediately if you breach these Terms; (2) upon 30 days notice if your Doxo account has been inactive for at least 1 year; or (3) if required by law. We will provide you notice if we cancel your account.

These Terms terminate upon cancellation of your account. From the effective date of termination of these Terms, you will not have the ability to use or access the Doxo Services and other information contained or stored by you in, or as part of, the Doxo Services will no longer be accessible to you. Upon termination, Doxo has no obligation to store your data, but may do so to comply with legal or business requirements for a reasonable time after termination. The following sections shall survive termination of this these Terms: Content, User Prohibitions, Submissions, Disclaimer, Limitation of Liability, Termination of Your Account, Indemnification, Applicable Law and Venue, General Terms, and Copyright, Trademark and Patent Notices.

Indemnification

You agree to indemnify and hold Doxo, each Provider and all other third parties harmless from and against any and all claims, liabilities and damages (including, but not limited to reasonable attorneys' fees and legal costs) of any nature whatsoever related to your breach of these Terms or your use of the Doxo Services. You further agree that neither Doxo nor any Provider will be liable for any loss, liability, cost, expense, or claim for acting upon your authorization to Connect with Providers pursuant to these Terms.

Applicable Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms can be filed only in state or federal court located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, or agents, arising out of or relating to your use of the Doxo Services or the Terms: (1) you are giving up your right to have a trial by jury; and (2) you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute.

General Terms

If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect. You may not assign these Terms, or assign, transfer or sublicense your rights, if any, in the Doxo Services. Except as expressly stated in another written agreement between you and us, the Terms constitute the entire agreement between you and us with respect to the Doxo Services. You agree and consent to receive communications from us via each of the following methods: by posting or making available such communication within the Doxo Services or by sending such communication to the email address you provided as part of your account. You agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright, Trademark and Patent Notices

Portions of the Doxo Services are protected by Doxo intellectual property rights and unless otherwise explicitly indicated in the Doxo Services, the Doxo Services Materials and the selection and arrangement thereof are the proprietary property of Doxo and its suppliers and are protected by U.S. and international copyright laws. The Doxo name, and any Doxo products and services slogans or logos referenced herein are either trademarks or registered trademarks of Doxo in the United States or other countries. The names of Providers and other third party companies and products may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

If you are a copyright owner and believe your copyrighted material has been used on the Doxo Services in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice to Doxo, Inc. Notice: Infringement, 2025 First Avenue, Suite 270, Seattle, WA 98121.

Please include the following information: (1) a detailed description of the allegedly infringed copyrighted material; (2) a description of the location of such material on the Doxo Services; (3) your contact information, including address, telephone number, and email address (if any); (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert copyright infringement and to submit the statement.

For additional information regarding the enforcement of copyrights, you may review the U.S. Digital Millennium Copyright Act codified at 17 U.S.C. § 512. Doxo is a "service provider" as that term is defined in 17 U.S.C. §§ 512(k)(1)(A) and 512(k)(1)B), providing transmission, routing, or connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received.