Fillable.com Services Agreement



Definitions

For the purposes of this Agreement:

(a) "Agreement" means these terms and conditions;

(b) "Services" (or "Our Services") means, individually and collectively, those file conversion, modification, and editing services made available by us;

(c) "Submitted Content" means any information, messages, instructions, files, or other materials submitted to us by or on behalf of you for review, quotation, conversion, or editing;

(d) "Processed Content" means any information, messages, instructions, materials, or files processed by us in connection with providing our Services;

(e) "Added Content" means all fields (of all types), buttons and JavaScript added by us to the Submitted Content.

(f) "Our company" (or “we”) means www.fillable.com, its publishers, owners, affiliates, officers, directors, employees and agents, as well as the authors, creators, developers of all algorithms, JavaScript, and other software used to provide our Services, as well as the authors, creators, developers of all fill-in fields, buttons and JavaScript added by us to the Submitted Content in connection with providing our Services;

(g) "Customer" (or "you") means the individual or business entity including its branches, subsidiaries, staff and agents, that is using or intending to use our Services or Processed Content.

You must have the authority to enter into this Agreement

You represent and warrant to us that you have all necessary rights, power and authority to enter into this Agreement and to perform the acts required of you hereunder, including having the right to maintain Content and your information or the information of participants on our Services. Otherwise, you are not permitted to maintain Content or such information.

You may not use our Services, or accept the terms of the Agreement, if (a) you are not of legal age to form a binding contract with us, or (b) you are prohibited by law from receiving or using the Services.

You are bound by this Agreement

You agree that this Agreement is like any written negotiated agreement signed by you. By clicking to accept this Agreement, or by using www.fillable.com, submitting any information, messages, instructions, materials, or files to www.fillable.com, or using our Services you agree to be bound by this Agreement, any part of it, its terms and conditions.

You may not assign your rights

You may not assign any of your rights, or delegate any of your duties, under this Agreement, and any attempted assignment will be null and void.

Invalidity of any provisions does not invalidate remaining provisions

In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of these Agreement will remain in full force and affect.

Headings are for reference purposes only

Headings in the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of Agreement or its sections.

The right of provisions remains, even if not enforced

The failure of our company to enforce any right or provision of these Agreement will not be deemed a waiver of such right or provision.

You and we are not partners

You and our company are independent, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

You must keep our information confidential

You represent and warrant to us that you will keep publicly unannounced information and materials pertaining to us strictly confidential.

You cannot compete with us

You represent and warrant to us that (a) you are not our competitor and (b) you shall not use any information gained from access to our Web site or use of our Services to compete with us in our business.

This Agreement can be updated

We reserve the right to modify, change, add, revoke, or remove any part of this Agreement, at any time and for any reason. The updates to this agreement may be posted from time to time. If any parts of the future updates are unacceptable to you, you should refuse to accept the updates and you must discontinue using the services.

Description of Services

The Services provide you the ability to upload and temporally store your files on our server. The Services operate by converting the uploaded files from the original format into PDF format and/or modifying the files by adding fill-in fields and/or JavaScript and/or editing the files according to your instructions and then sending to you an email that contains a link to the converted and/or modified and/or edited files. You can then access and download the converted and/or modified files by clicking on the link.

Format and size of files can be restricted

We reserve the right in our sole discretion to establish general practices and restrictions upon the use of our Services, including, without limitation, the format and maximum size of files that you may upload through the Services.

Our Services can be modified or terminated

We reserve the right in our sole discretion to modify, change, suspend, block access to, or discontinue any of our Services, or deny services to you at any time with or without notice, temporarily or permanently for any reason. You agree that we shall not be liable to you or to any third party for such actions.

We are not liable for failure in performance resulting from causes beyond our control

Operation of our Services may be interfered with numerous factors, events or circumstances beyond our control (technical problems, acts of God, terrorism, war, etc.) and we shall not be liable to you or to any third party for any delay or failure in performance under this Agreement resulting directly or indirectly from any causes beyond our control.


We are not responsible for your Internet access fees

You acknowledge and agree that your ability to access our Services may require the payment of third party fees (such as telephone toll charges, ISP, or airtime charges) and that you are responsible for paying such fees. We are not responsible for any equipment you may need to be able to access our Services.

Notices can be posted

We reserve the right in our sole discretion to post notices, including those regarding changes to our Services.

You give us permission to modify files

By submitting Content to us, you represent and warrant that you are the owner, licensor, or authorized user of all Submitted Content and acknowledge and agree that you grant to us a non-exclusive, worldwide, perpetual, royalty-free and fully paid license under all intellectual property rights to copy, distribute, transmit, publicly display, publicly perform, transmit, reformat, modify, convert, and edit Submitted Content solely to deliver our Services to you.

Our contact information

To contact us, please use online contact form: www.Fillable.com/file-upload-form.html.

You will receive email from us

You will only receive email from us necessary to the processing of your order unless you specifically choose to subscribe to our email program.

This Agreement will be governed by the U.S. laws

This Agreement and any action related thereto will be governed by the laws of the United States without regard to its conflict of law provisions.

For the exclusive benefit of us and to the extent possible in the applicable jurisdiction, we shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.

You are prohibited from…

You agree not to:
- Submit as part of Content any data, text, graphics, link, or other material that: (i) is false or misleading; (ii) discredit a person, is defamatory, or cause any other moral harm; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) advocates, promotes, incites, instructs, assists or otherwise encourages bigotry, sexism, racism, hatred, harm or violence against any individual or group; (vi) infringes, interferes with or violates ours or any third party's rights, including but not limited to patent, copyright, trademark, service mark, trade secrets laws, end user license agreement, or any other intellectual property rights, (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (viii) spreads messages or advocates terrorism or violence, or depicts torture; (ix) harm minors in any way, including but not limited to child pornography; (x) promotes illegal activity, including but not limited to illegal gambling, illegal arms’ trade;
- Use the Processed Contests by or in connection with any violation of Adobe Reader End User License Agreement (EULA) or any other EULA; if you believe that by using certain features or parts of the Added Content, you violate some provisions of Adobe Reader EULA or any other EULA, you should not use those features or parts of the Added Content and/or instruct us to disable or remove those features or parts of the Added Content (at no additional charge);
- Access, tamper with, or use any non-public areas of our Website or the systems of our providers or any related system or network;
- Attempt to probe, scan, or test the vulnerability of our Website or the systems of our providers or any related system or network or breach any security or authentication measures;
- Attempt to decipher, decompile, disassemble, assort, decrypt, isolate, redesign, reverse engineer, deduce or in any other way intervene into the Added Content, or Processed Content, or any of our software including the software used to provide the Services;
- Attempt to intervene into our Website or influence our ability to provide our Services, including, but not limited to, abuse or misuse of the system resources, sending a virus, overloading, flooding, spamming, mail-bombing the Services, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on our servers;
- Attempt to mislead us about your identity or the origin of your message or other communication, or to impersonate or otherwise misrepresent your affiliation with any person or entity.

You acknowledge and agree that:
- We reserve the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law;
- We reserve the right to involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
- We reserve the right to decrypt the Processed Content and use any other methods to prevent you from reviewing, copying or editing any JavaScript code and other Added Content.
- We have no obligation to monitor your use of our Website, Services, materials, or products, but we have the right to do so for the purpose of operating our Website or Services, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

We retain copyright, ownership, and control over Added Content

You acknowledge and agree that:
- You retain all right, title, and interest in and to the Submitted Content.
- We retain all right, title, and interest in and to our Website and all the Added Content, including copyright, ownership, and control over all fields (of all types), buttons and JavaScript added by us to the Submitted Content.
- Our Website and Added Content are protected by international copyright law. You are obliged to receive our preliminary consent to reproduce our copyrighted Content (by contacting us via the www.fillable.com).

We have no responsibility or liability

You acknowledge and agree that:
- You access and use our Website, Services, Processed Content, and any other information, and materials at your own risk;
- You shall have sole responsibility to use the Processed Content without violating Adobe Reader EULA as well as any other EULA, and we shall have no responsibility in connection thereto;
- If you are dissatisfied with any aspect of our Website or Services or with this Agreement, or any other rules or policies, your sole remedy is not to use or stop to use our Website and/or Services.
- You are solely responsible for all Content submitted to us;
- You submit you’re your Content at your own risk;
- We are not obligated to monitor Submitted Content;
- You use the Processed Content at your own risk;
- We don't promote or endorse content provided by you or on behalf of you;
- Our rights shall in no way create an obligation for us to edit or review our Website, Added Content or Processed Content;
- We do not assume any responsibility or liability for any of your violations of any laws, statute, ordinance, or regulation;
- We do not assume any responsibility or liability for any damages claimed as a result of using our Website, Services, information, materials, or products;
- We do our best to make the Added Content and the Processed Content to be error-free; however, we do not guarantee them to be error-free;
- We do our best to make the Web Site to be error-free; however, however, we do not guarantee it to be error-free;
- We reserve the right to remove, add and modify fields and field properties inside the Submitted Content and use any other methods to improve forms according to our algorithms; however, we do not guarantee it to be error-free;
- We will not be responsible for the deletion of a Submitted Content, or for the corruption of or loss of any data, information or content contained in a Submitted Content. You have sole responsibility for all Submitted Content and for archiving your data and sole liability for any lost or irrecoverable data;
- You use any third-party Websites at your own risk;
- We are not responsible or liable for the availability, accuracy, quality, content, information, products, or services available from any third-party Websites linked from our Website, Services, materials, or products.
- Our links to such websites do not imply any endorsement by us of such websites or the content, products, or services available from such websites.
- You indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, accounting fees and costs, made by any third party arising out of or in any way connected with your access to or use of our Website or Services, including but not limited to any violation by you of this Agreement or a third party End User License Agreement, or any other Agreement, or any other right of any person or entity.
- We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use our Website or Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from our Website or Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on our Website or Services; or (v) any other matter relating to use of our Website or Services.

We make no warranty

You acknowledge and agree that:
- You use our Website or Services at your sole risk. Our Services are provided on an "as is" and "as available" basis without warranty or condition of any kind, either express or implied. We expressly disclaim all warranties including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We make no warranty that our Services will meet your requirements or will be available on an uninterrupted, secure, or error-free basis, as well as accuracy, safety and completeness, timely provision of website, services, software and information.
- We make no warranty that (i) our Website or Services will meet your requirements, (ii) the access to our Website or Services will be uninterrupted, timely, secure or error-free, (iii) the reliability or accuracy of the information or results obtained from our Website or Services, (iv) the quality of any products, services, information or other material obtained from our Website or Services will meet your expectations, and (v) any errors in the software will be corrected.
- Downloading or otherwise obtaining any materials or files through the use of our Website or Services is done at your own discretion and risk and you will be solely responsible for any damage or loss of data that results from the download of any such materials or files.
- We will not be responsible for any damages to your computer system or to the computer system of any third party that result from use of our Website or Services.
- No advice or information, whether oral or written, obtained by you from our Website or Services shall create any warranty not expressly stated in this Agreement.

You agree to compensate the damages, including reasonably necessary legal services’ fees, and not to hold us responsible for any claims and requirements based on your use of our Website or Services or any infringement by you of this Agreement or other agreements, policies, decisions and conditions.

Last Updated: August 8, 2008.


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