DocCafe.com provides online services through which employers, recruitment firms, and staffing companies seeking employees and independent contractors can efficiently and effectively review and interview candidates and through which individual candidates can seek an engagement. Use of the DocCafe.com Services will subject any such Client or Candidate as a “User” as defined below to these terms of service ("Terms of Service") and the agreements incorporated herein.
You acknowledge that you have read, understood, and agreed to all terms contained herein. Further, you represent that you have consulted, or have had the opportunity to consult with, your legal, tax, and financial advisors in connection with the execution and performance of these Terms of Service. If you are accessing the DocCafe.com Services on behalf of a legal entity, you agree to these Terms of Service on behalf of yourself and the entity that you represent.
“Account” means a Client or Candidate User account with DocCafe.com to access the Services as made available by DocCafe.com.
“Candidate” means an individual who is seeking to be employed as an employee or independent contractor.
“Client” means, for purposes of this Terms of Service, an entity acting as an employer, recruitment firm, or staffing agency seeking employees or independent contractors.
“User Content” consists of any Content uploaded to and/or created through the DocCafe.com Services by a User, which may include job postings, resumes, video interviews, video resumes and profiles, reviews, and other materials that may be permitted by the Services from time to time.
"Content" consists of all material, whether publicly posted or privately transmitted, available on or through any of the DocCafe.com Services.
“Website” means the website made available on behalf of DocCafe.com to provide access to the DocCafe.com Services.
“DocCafe.com Content” consists of any content produced and provided by DocCafe.com excluding User Content.
"DocCafe.com Services" consist of the job board services made available through this Website, that allow for the application, review and interview of Candidates by Clients, if and as such features may be implemented by DocCafe.comfrom time to time.
"DocCafe.com Trademarks" means any trademarks, tradenames, logos, and other commercial designs of DocCafe.com or licensed to DocCafe.com, whether formal registration exists or not, including but not limited to “DocCafe.com.”
"User" is any individual that uses any of the DocCafe.com Services in their capacity as an individual or a representative of a Client.
2. Modifications to Terms of Service
DocCafe.com may alter, amend, change, waive, terminate, or modify any term contained within these Terms of Service at any time. In the event that DocCafe.com alters, amends, changes, waives, terminates, or modifies any term contained within these Terms of Service, it shall provide notice to its Users by:
Posting a notice on the Website.
Sending an email to the email address provided.
Posting a Banner on the Website to alert you to the change.
Once a Modification to the Terms of Service becomes effective the User can terminate their account if the change to the Terms of Service is not acceptable.
The continued use of the DocCafe.com Website or Services after the Terms of Service have been modified shall demonstrate acceptance of the modified Terms of Service.
3. DocCafe.com Services
If you are a Client, you may only post Content for legitimate job postings for positions for which you are seeking applicants (on behalf of yourself or a third party customer) and related materials to the potential employer (such as career fair material, company descriptions, etc.).
You are solely responsible for any User Content posted in connection with your Account. If you elect to submit User Content, you understand and agree that your User Content will be made available to other Users of the Services. If you elect to submit your User Content you are expressly consenting to the use and dissemination of your User Content to other Users.
You may not modify any User Content posted by another User. Content may only be used for the purpose of receiving the Services to find employment (as a Candidate) or to fill an engagement (as a Client) and engage in authorized conduct and communications to facilitate the same.
All Clients and Users agree to comply with all current employment and anti-discrimination laws. Any use of these Services to further an unlawful or discriminatory purpose will result in account termination.
Individual Users may not make any recordings or downloads from the Services, including without limitation recording any videos or interactions with any other User or Client.
DocCafe.com does not review any User statements or representations in any User Content for accuracy. The User is responsible for all diligence and reference follow up. Your use of, reliance on, and access to any User Content at your own risk.
DocCafe.com has the right to delete all User Content in the event an Account is terminated, regardless of the reason for termination and without notice to the User.
Users are solely responsible for all use of their Accounts, whether or not such use is authorized. Furthermore, Clients may elect to provide certain of their personnel with access to the Client’s Account. Any such personnel must have a unique User login and password and Client is solely responsibility for the compliance and acceptance of our Terms of Service as well as the protection of Personal Information of any User.
DocCafe.com reserves the right at any time to modify or discontinue, whether temporarily or permanently, any aspect of the DocCafe.com Service. Any modifications to any of the DocCafe.com Services, including the releases of new features or upgrades, shall be subject to these Terms of Services as well as any incorporated policies.
4. Pricing, Payments, and Billing
DocCafe.com reserves the right to change the plans and therefore pricing at any time. In the event that DocCafe.com changes its pricing we shall provide 30 days written notice of such price change.
DocCafe.com bills monthly, every three months, semi-annual or annual. By entering your payment information into the subscription system you authorize DocCafe.com to use the form of payment specified.
DocCafe.com does not refund purchased services.
Payments for DocCafe.com Services do not include taxes, levies, withholdings, or duties imposed by taxing authorities or other applicable third parties. You are responsible for the payment of all such taxes, levies, withholdings, or duties.
DocCafe.com Services shall be used for lawful purposes only.
If you are a Client, you hereby affirm that your organization is an equal opportunity employer, offering employment without regard to race, color, religion, sex, national origin, age, sexual orientation, disability, citizenship, or any other protected class of individuals unless legally required. You shall be responsible for complying with all applicable regulations, statutes, laws, and guidelines relating to hiring, interviewing, and recruiting employees.
As a User, you agree to provide DocCafe.com with true, accurate, and current information as requested when registering for DocCafe.com Services.
When you register, you must provide certain information that identifies you to other DocCafe.com Users. Any inaccurate or unprofessional information will be removed immediately.
You shall accept full responsible for any and all use of the DocCafe.com Services through your Account. By use of the Website you agree to the following:
You shall not share your account information or password with any other person for the purpose of them using your DocCafe.com Account unless they have a user seat and in that event each user must have their own log in.
You may not transfer or assign your Account or its login information to any other person or entity and may not otherwise copy, reproduce, sell, license, rent, distribute, disseminate, or publish the Services or any part thereof, including on a service bureau or time-sharing basis.
You agree that you will not use the DocCafe.com Services for any of the following:
Purposes other than as expressly permitted herein.
Purposes that are unlawful.
Applicant harvesting or otherwise obtaining information (personal, professional or otherwise) using false, fictitious, misleading, or alluring Content to manipulate a User to divulge information.
To reconfigure, reverse-engineer, disassemble, decompile, translate, manipulate, adapt, discover or attempt to discover the source code of, prepare any derivative works of, update, combine with other databases, computer code, or software or other modify the Services or any part thereof.
Obscure, remove, or alter any proprietary or intellectual property markings, designations, or notices of either DocCafe.com or any of its licensors or service providers in or on the Services.
Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations.
Violating, infringing, or misappropriating any intellectual property rights (including any patent, copyright, trademark, or trade secrets) of DocCafe.com or any of its licensors or service providers or any other third party.
Developing, assisting in developing, or having developed any software, technology, or services that compete with or are substantially similar to the Services.
Inputting, uploading, transmitting, disseminating or posting harmful content including, without limitation, viruses, Trojan horses, logic bombs, cancelbots, malware, ransomware, adware, worms, spyware, or any harmful code or other computer programming routines that may damage, interfere with, secretly intercept, or seize any computers, hardware, software, systems, networks, program, data, or personal information.
Disseminating materials or engaging in activity that is lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by DocCafe.com in its sole discretion.
Posting or transmitting or causing to be posted or transmitted, via the DocCafe.com Services any nudity.
Posting or transmitting or causing to be posted or transmitted, via the DocCafe.com Services any spam or unsolicited marketing communications.
Posting or transmitting or causing to be posted or transmitted materials advertising any business other than DocCafe.com.
Seeking to obtain private financial information from any User.
To impersonate any other person.
To commit fraud, falsify any information, or provide any false information.
Interfering with DocCafe.com's security measures, bypassing any security device or protection, or allowing any third party to access the Services in any way other than through such third party’s valid login credentials registered with DocCafe.com.
Circumventing and/or violating any person’s privacy rights.
Purposes that are commercially disadvantageous or detrimental to DocCafe.com or its licensors or service providers
Attempting to engage in any prohibited conduct.
In the event you see any unauthorized use of your account, you must notify us at email@example.com immediately so we can assist you in removing unauthorized use.
Termination of Account
DocCafe.com or its third party licensor reserves the right to terminate an account immediately for abuse as outlined above. In addition, if DocCafe.com or its licensors believes that such use may be unlawful, we may in addition to termination of the account, report such actions to the appropriate law enforcement.
DocCafe.com or its licensors may terminate an account immediately if it believes, in its sole discretion, that a User is "flooding" the DocCafe.com Services.
DocCafe.com and its licensors also each reserves the right to immediately suspend or terminate an account in the event DocCafe.com becomes involved in any pending litigation or other similar dispute with a User.
Should DocCafe.com or its licensors become aware of litigation relating to a User account, we or our third party licensors reserve the right to preserve Content associated with that account and service.
You may cancel your Account at any time. To cancel your Account, please contact us firstname.lastname@example.org. Please consider your Content prior to cancelling your account. Once you cancel, your Content may be deleted permanently. Neither DocCafe.com nor its third party licensors are responsible for the loss of any Content as a result of cancellation or termination.
Consequences of Termination
Should your Account become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your Account and/or its termination. Neither DocCafe.com nor its third party licensors shall be liable to you or any third party for your use of the Services.
Termination of an Account results in the inability to log into the Account and remove or delete any Content. DocCafe.com and its third party licensors reserve the right to deny an account to a User that has previously had an account suspended or terminated, regardless of reason.
There shall be no refunds in the event your Account is terminated for a breach of this Terms of Service.
6. Objectionable Content
DocCafe.com is not responsible for and does not condone any Content developed or uploaded by any User. DocCafe.com and its third party licensors reserve the right to delete any information it considers in its or their sole discretion to violate this Terms of Service or the spirit of the agreement.
Neither DocCafe.com nor its third party licensors are responsible for any false, defamatory, libelous, or slanderous Content posted by a User. If you believe any Content violates your rights or those of a third party, please contact us at email@example.com.
7. Intellectual Property Rights
DocCafe.com Services and any software used in connection with the DocCafe.com Services ("Software") contain proprietary and confidential information that may be protected by applicable intellectual property and other laws. Either DocCafe.com or its third party licensors hold all rights, title, and interest in all Software and all intellectual property related to the Services, including other rights related to intangible property, unless otherwise indicated. No title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software or the Services.
All DocCafe.com Content, including all intellectual property rights in the same, is the proprietary property of DocCafe.com and/or its licensors, with all rights reserved. No DocCafe.com Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without DocCafe.com's prior written permission. You may not frame any elements of DocCafe.com Services, including any DocCafe.com Content, within any other website without our express written permission.
Provided you comply with these Terms of Service, you are granted a limited personal license to access and use the DocCafe.com Services and the DocCafe.com Content, including a limited license to download or print a copy of any portion of the DocCafe.com Content to which you have properly gained access solely for your use in relation to the DocCafe.com Services. You may not upload or republish DocCafe.com Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. This limited license is subject to these Terms of Service and does not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods.
Any use of the DocCafe.com Services or DocCafe.com Content without the prior written permission of DocCafe.com, other than as specifically authorized herein, is strictly prohibited, and shall immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes, such as the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, Electronic Communications Privacy Act, 18 U.S.C. § 2510, et seq., and the Stored Communications Act, 18 U.S.C. § 2701, et seq. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
By using DocCafe.com Services, you provide DocCafe.com a license to use your User Content for purpose of providing to you the DocCafe.com Services, which expressly includes without limitation making your User Content available to other Users of the Services for viewing and downloading pursuant to these Terms of Service. DocCafe.com has no responsibility or liability for any use of your User Content once in the possession of any third party.
8. Data Ownership
DocCafe.com does not own any User personal information, as such term is defined under applicable law. All Users must comply with their interpretation of the existing data privacy and employment laws and shall indemnify DocCafe.com and any of its third party licensors for any actions that may result from their interpretations. All Users are required to act in good faith to resolve all potential disputes regarding data privacy complaints.
You agree to indemnify and hold DocCafe.com and its third party licensors harmless against and from any claim, demand, expenses, or losses, including reasonable legal fees (including but not limited to attorney's fees, paralegal fees, costs and expenses), made by any third party against DocCafe.com due to or arising out of: 1. your use of and/or connection to the Website and/or DocCafe.com Services; 2. your sharing of any Content to the Website or Services or sharing of any Content obtained through use of the Website and/or DocCafe.com Services to any third party; 3. the use of any Content downloaded from the Website and/or DocCafe.com Services; 4. your violation of these Terms of Service; 5. Any personal information (as defined by applicable laws) you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Website and/or DocCafe.com Services; 6. any misuse, intended or unintended, of any Content (and/or information conveyed therein) by you, your agents, your employees, your customers, and any other parties to whom such Content is provided; 7. your violation of any rights of any other individual or entity, whether you are a registered user or not; and 8. the use of any Content and information obtained from DocCafe.com Services. You are responsible for your actions when using the Website and/or DocCafe.com Services, including, but not limited to, costs incurred for Internet access. In all cases, DocCafe.com shall have the right to choose its own counsel.
10. Disclaimer of Warranties
THE WEBSITE, AND/OR DocCafe.com SERVICES ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW. DocCafe.com, ON BEHALF OF ITSELF AND ANY OF ITS THIRD PARTY LICENSORS, SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF THE WEBSITE AND/OR DocCafe.com SERVICES;
THE ABILITY OF THE WEBSITE AND/OR DocCafe.com SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD-PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;
ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
ANY WARRANTIES OF NON-INFRINGEMENT; AND
ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF DocCafe.com IN THE WEBSITE AND/OR DocCafe.com SERVICES, OR ANY WARRANTY THAT THE WEBSITE AND/OR DocCafe.com SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
NEITHER DocCafe.com NOR ITS THIRD PARTY LICENSORS ARE LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE WEBSITE AND/OR DocCafe.com SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS SUCH, DocCafe.com IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE WEBSITE AND/OR DocCafe.com SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE WEBSITE AND/OR DocCafe.com SERVICES. HOWEVER, NEITHER DocCafe.com NOR ITS THIRD PARTY LICENSORS ARE RESPONSIBLE FOR ANY DAMAGE; LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA; LOSS OF REVENUE; OR, OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE DocCafe.com SERVICES, OR OTHER INTERACTION WITH THE DocCafe.com SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE DocCafe.com SERVICES. NEITHER DocCafe.com NOR ITS THIRD PARTY LICENSORS WARRANT THAT (i) THE DocCafe.com SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE DocCafe.com SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DocCafe.com SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE DocCafe.com SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE WEBSITE AND/OR DocCafe.com SERVICES.
DocCafe.com MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT ANY USER WILL FIND EMPLOYMENT OR A QUALIFIED CANDIDATE OR THAT ANY RESULTING ENGAGEMENT WILL BE SUCCESSFUL. DocCafe.com DOES NOT DO BACKGROUND CHECKS OR VERIFICATION SCANS TO ENSURE ANY CLIENT OR CANDIDATE IS LAWFUL OR QUALIFIED.
11. Third Party Links and Products
IN CONNECTION WITH THE DocCafe.com SERVICES, DocCafe.com MAY PROVIDE YOU WITH LINKS TO THIRD PARTY WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES. DocCafe.com NEITHER MONITORS NOR HAS ANY CONTROL OVER SUCH THIRD-PARTY WEBSITES, PRODUCTS, AND SERVICES. DocCafe.com IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE 1. THE AVAILABILITY OR CONTENT OF SUCH THIRD PARTY WEBSITES; 2. THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES; 3. THE USE OF OR RELIANCE UPON SUCH CONTENT, PRODUCTS, OR SERVICES; 4. ANY LOSS OR DAMAGE ARISING FROM ANY COMMUNICATIONS AND/OR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES; AND/OR 5. THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.
ANY CORRESPONDENCE OR BUSINESS TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND ANY SUCH THIRD PARTY.
THIRD-PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD-PARTY WEBSITE THROUGH THE WEBSITE AND/OR DocCafe.com SERVICES DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD-PARTY WEBSITE.
YOU ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE AFFILIATE OR OTHER SERVICES PROVIDED BY DocCafe.com, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE. DocCafe.com SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CUSTOMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES' POLICIES AND TERMS.
12. Limitation of Liability
YOU AGREE THAT NEITHER DocCafe.com NOR ANY OF ITS THIRD PARTY LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF GOODWILL, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF PROFITS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES . FURTHERMORE, IN ANY EVENT YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT DocCafe.com AND ITS THIRD PARTY LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT OF PAYMENTS YOU PAID TO DocCafe.com, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR DocCafe.com SERVICES, OR YOU HAVE ANY DISPUTE WITH DocCafe.com IN CONNECTION WITH THE SAME OR THESE TERMS OF SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE AND/OR DocCafe.com SERVICES, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT NEITHER DocCafe.com NOR ITS THIRD PARTY LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING OR OCCURRING THROUGH ANY CURRENT, FORMER, AND/OR POTENTIAL EMPLOYMENT RELATIONSHIP (WHETHER EMPLOYER-EMPLOYEE OR EMPLOYER-INDEPENDENT CONTRACTOR OR EMPLOYER-STAFFING COMPANY) DEVELOPED, MODIFIED, OR TERMINATED BY USE OF THE WEBSITE AND/OR DocCafe.com SERVICES.
YOU AGREE THAT DocCafe.com SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE WEBSITE, AND/OR DocCafe.com SERVICES. PARTICULARLY, DocCafe.com SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY CONTENT OR INFORMATION CONTAINED THEREON BY ANY USER.
YOU AGREE THAT NEITHER DocCafe.com NOR ITS THIRD PARTY LICENSORS SHALL BE LIABLE TO YOU, YOUR CLIENTS, OR ANY THIRD PARTY FOR ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION OF CONTENT; DEFECT; DELAY IN OPERATION OR TRANSMISSION; BUG; VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT, OR OTHER PROPERTY; COMMUNICATION LINE FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.
WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE WEBSITE AND/OR DocCafe.com SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, BUGS, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, (2) THAT THE FUNCTIONS PERFORMED BY THE WEBSITE, AND/OR DocCafe.com SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (3) THAT DEFECTS IN THE WEBSITE AND/OR THE DocCafe.com SERVICES WILL BE CORRECTED.
IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE WEBSITE AND DocCafe.com SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
13. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. General Provisions
These Terms of Service shall be construed and enforced in accordance with the laws of Wisconsin without regard to its conflicts of laws provisions. Similarly, the laws of Wisconsin shall also govern any dispute arising between you and DocCafe.com. You agree to submit to the personal and subject matter jurisdiction of the courts located within Wisconsin. You also agree the venue for any action, dispute or proceeding with respect to this Agreement or any dispute between you and DocCafe.com shall be in Wisconsin. You further waive all defenses to the contrary including, but not limited to, lack of personal jurisdiction or forum non conveniens.
Any dispute, claim, or controversy arising out of these Terms of Service, the Website, and/or DocCafe.com Services shall be settled by arbitration in Wisconsin. Such arbitration shall be conducted in accordance with the Wisconsin’s acceptable arbitration practices. The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to be arbitrated.
A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed. The arbitrator may award legal fees (including, but not limited to, attorneys' fees, paralegal fees, etc.), expenses, and costs as part of the award.
Any award issued as a result of the arbitration shall be binding and may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. All costs and expenses of the arbitration, including reasonable legal fees (including, but not limited to, attorney's fees, paralegal fees, etc.), shall be allocated among the parties as determined by the arbitrator.
Notwithstanding the foregoing, either Party may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief) and, additionally, the provisions of this Section may be enforced by any court of competent jurisdiction.
Class Actions Waived
You expressly waive any right to participate in any class action against DocCafe.com for any claims related to the Extension, Website, and/or DocCafe.com Services. In fact, by using the Website, and/or DocCafe.com Services and agreeing to these Terms of Service, you expressly agree that you shall not be permitted to resolve any claims through class actions against DocCafe.com.
These Terms of Service, as they shall be modified from time to time, constitute the full and complete understanding among them with respect to the subject matter hereof and supersede and preempt any prior understandings, agreements, or representations by or among the Parties, written or oral, which may have related to the subject matter hereof in any way. You may not rely on any other statements, promises, or agreements by any party, whether written or oral, that alters or contradicts the terms of these Terms of Service. You affirm that you are not relying upon any verbal or written representations whatsoever, except as expressly set forth in these Terms of Service.
You and DocCafe.com are independent parties and nothing contained in these Terms of Service shall be construed or implied to create any agency or partnership between you and DocCafe.com. At no time shall you or DocCafe.com act as an agent for or make commitments in the name of the other party.
Jury Trial Waived
As provided in the Arbitration Clause above, you acknowledge that all disputes with DocCafe.com shall be resolved through arbitration. Should any arbitration or court find such restriction unenforceable and/or should any dispute appear before a court, you expressly waive any right to a jury trial in any action against DocCafe.com for any claims related to the Website, and/or DocCafe.com Services. In fact, by using the Website, and/or DocCafe.com Services and agreeing to these Terms of Service, you expressly agree that you shall not be permitted to obtain a jury trial in any action against DocCafe.com.
Legal Advice Not Provided
You acknowledge and agree that DocCafe.com has not and will not provide you with any legal advice on any subject, but particularly with respect to compliance with employment, data privacy, or other relevant laws, rules, or regulations. You agree not to construe any DocCafe.com communications as legal advice.
Paragraph and Section Headings
Paragraph and Section headings are for convenience only and shall not be used to construe these Terms of Service or otherwise be given any legal effect.
The Parties have read each of the terms in these Terms of Service and consider each of them, including all subparts, to be reasonable.
In the event that any provision of these Terms of Service is held to be void or unenforceable by a Court of competent jurisdiction, the remaining provisions of these Terms of Service shall nevertheless be binding with the same effect as though the void or unenforceable part had been deleted. Further, any provision held to be void or unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give effect to the Parties' intent. The Parties agree that any such provision, in its forms modified by the court, shall then be enforceable and shall be enforced.
Statute of Limitations
To the extent permitted by law, any claim or cause of action arising out of or related to use of the Website and/or DocCafe.com Services shall be filed within one (1) year after such claim or cause of action arose. To the extent permitted by law and as applicable, any claim arising from the publication of any content on or through the Website and/or DocCafe.com Services shall accrue on the first date of publication.
You agree that certain of these Terms of Service shall survive termination or expiration of your use of the DocCafe.com Services to achieve the fundamental purposes of these Terms of Service.
No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
The failure of DocCafe.com to insist, in any one or more instances, upon the performance of any of the terms of these Terms of Service or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.
No employee, agent or representative, including without limitation a customer service representative, of DocCafe.com shall be entitled to waive any term of these Terms of Service or any other DocCafe.com's agreement or policy.
Notices by DocCafe.com to you for any reason (including changes to these Terms of Service, the Website and/or DocCafe.com Services, the fees, or other similar matters) may be provided by a general posting on the Website at www.doccafe.com. Notices by you to DocCafe.com may be given through email to firstname.lastname@example.org. Without receiving a confirmation email back from DocCafe.com, you may not assume that your notice has been received.
The Website and/or DocCafe.com Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict, or custom.
Website and/or DocCafe.com Services may not be used by and is not directed at any country or region currently embargoed by the United States. By using the Website and/or DocCafe.com Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.
You agree to comply with all local rules regarding online conduct and what DocCafe.com deems, in its sole discretion, acceptable content.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.