if you are a customer and you or your organization are bound by a master services agreement with docusign (“corporate terms”), then these terms will apply, if at all, only to use of the site or any docusign services to the extent such use is not already governed by such corporate terms. if you are or become a direct competitor of docusign, you may not access or use the docusign services without docusign’s explicit, advance, written consent, and then only for the purposes authorized in writing. any violation by you of the license provisions contained in this section 3 may result in the immediate termination of your right to use the site, as well as potential liability for copyright infringement or other claims depending on the circumstances. without limiting the foregoing, docusign and its designees shall have the right to remove any user content that violates these terms or is otherwise objectionable in docusign’s sole discretion. if the authorized user is not an employee of customer, use of the docusign services will be allowed only if the user is under confidentiality and other obligations with customer at least as restrictive as those in these terms, and is accessing or using the docusign services solely to support customer’s internal business purposes. docusign may accept payment in any amount without prejudice to docusign’s right to recover the balance of the amount due or to pursue any other right or remedy. customer shall be responsible for and bear taxes associated with its purchase of, payment for, access to or use of the docusign services. you are solely responsible for determining the suitability of the docusign services for your business or organization and complying with any regulations, laws, or conventions applicable to the data you provide and your use of the docusign services and site. docusign may terminate your use of the site and deny you access to the site at our sole discretion for any reason or no reason, including for violation of these terms. the period of effectiveness of these terms, with respect to docusign services, begins on the date the customer accepts these terms and continues until the customer’s subscription plan expires or its use of the docusign services ceases (including as a result of termination in accordance with this section 8.2), whichever is later (“term”). 9.3 the docusign parties do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, and the docusign parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. you represent that you are the subscriber of the mobile service at the mobile number provided, or that you are otherwise authorized by the subscriber to receive sms messages at such mobile number as part of your use of the docusign services. at all times, you and docusign are independent contractors, and are not the agents or representatives of the other. except as otherwise permitted by these terms, any notice required or permitted to be given in connection with the docusign services will be effective only if it is in writing and sent using: (a) docusign services; (b) by certified or registered mail; or (c) insured courier, to the appropriate party at the address set forth in customer’s registration information or on the site for docusign, with a copy, in the case of docusign, to legal@docusign.com.
specifically, all claims arising out of or relating to these terms, the parties’ relationship with each other, and/or your use of the docusign services shall be finally settled by binding arbitration administered by jams in accordance with the jams streamlined arbitration procedure rules for claims that do not exceed $250,000 and the jams comprehensive arbitration rules and procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. you and docusign agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. if any part of these terms is found to be illegal, unenforceable, or invalid, the remaining portions of these terms will remain in full force and effect. however, docusign may set and enforce limits for reasonable use in order to prevent abusive or unduly burdensome use of docusign signature. docusign may delete an account and customer data, including without limitation edocuments (whether complete or not), upon the expiration of the subscription term or termination as described in section 8.2 of the terms. customer is solely responsible for registering and maintaining an account with payment applications to facilitate the payment processing via docusign payments and for complying with all agreements, terms of use, or other terms and conditions between customer and such payment applications. upon notice to you, docusign may modify the permitted use of or suspend your access to any early access service at any time and for any reason. throughout and upon expiration or termination of the early access service, you will provide material, statistics, quotes, or information related to your use of the early access service for docusign’s use in certain marketing activities and you agree that such information will not be deemed your confidential information. these service terms are limited to the scope of the docusign notary service and are not applicable to any other docusign services. “user data”, solely for purposes of these service terms for docusign notary, means any information or data that is collected or used in the performance of rons or otherwise to complete the transaction subject to the ron session, and is not limited to data included in the edocument(s) being notarized. if you are a signer or participant participating in a session, you may be asked to verify your identity and identification credential before being able to proceed with the transaction. by participating as a notary, signer or participant in a notarial session on docusign notary, you acknowledge and agree that you consent to the participation in the session by all participants shown in the audio-video feeds displayed on docusign notary, including the notary and other signers and participants, and you desire the notarial act to be performed by the notary conducting the session and under the notarial law of the notary’s state, jurisdiction or territory of commission. additionally, upon any termination of your employment or revocation of your access to docusign notary, you agree that your employer, as custodian, may maintain the journal and recordings on docusign notary to the extent permitted by notarial law. you expressly acknowledge and agree that notaries perform rons using docusign notary pursuant to the applicable notarial law of their jurisdiction of commission, and solely under the authority of such notarial laws, regardless of the geographical location of the customer or any signer or participant.
you agree that we shall not be liable to you or to any third party for any modification of the terms. purchase of a subscription plan grants subscriber the right to access and use docusign signature for a specified period, subject to this agreement and in exchange for subscriber’s payment of scheduled fee. the right to use docusign signature is limited to the subscriber and its authorized users, and subscriber may not resell or otherwise provide or assist with the provision of docusign signature for the benefit of another party or as part of a service subscriber offers to any third party or as a sublicensed arrangement. subscriber’s rights with respect to the foregoing are limited to the rights to use docusign signature that are granted under this agreement for the purposes contemplated by this agreement, and no other. monthly or yearly) basis (“authorization”) for (a) the applicable subscription plan charges; (b) any and all applicable taxes; and (c) any other charges incurred in connection with your use of docusign signature. any and all such benefits are provided to you solely as a result of the corresponding business agreement and such benefits may be modified or terminated without notice.
you will be in default of this agreement if: (a) you fail to timely pay any amount owed to us or an affiliate of ours; (b) you or an authorized user associated with your account breach any provision of this agreement or violate any policy applicable to docusign signature; (c) you are subject to any proceeding under the bankruptcy code or similar laws; or (d) if, in our sole discretion, we believe that continued use of docusign signature by you creates legal risk for docusign or presents a threat to the security of docusign signature or subscribers. nothing in this agreement grants recipient any right, title or interest in or to any of the disclosing party’s confidential information. subscriber must not represent to anyone that subscriber is an agent of docusign or is otherwise authorized to bind or commit docusign in any way without docusign’s prior authorization. except as otherwise permitted by this agreement, any notice required or permitted to be given in accordance with this agreement will be effective only if it is in writing and sent using: (a) docusign signature; (b) by certified or registered mail; or (c) insured courier, to the appropriate party at the address set forth in subscriber’s registration information for subscriber or on the site for docusign, with a copy, in the case of docusign, to legal@docusign.com. the failure of any party to insist on strict performance of any covenant or obligation in accordance with this agreement will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of this agreement. if any part of this agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this agreement will remain in full force and effect.
1 subscription plan. ;the prices, features, and options of the docusign services depend on the subscription plan selected as well as any changes subject to the terms and conditions of the agreement, docusign grants to customer a worldwide, limited, non-exclusive, non-transferable right and license current docusign agreements and terms master services agreements terms of service intellectual property privacy developer terms (including sandbox and api)., docusign envelope limit, docusign envelope limit, docusign contract template, docusign signing, docusign salesforce.
the right to use docusign signature is limited to the subscriber and its authorized users, and subscriber may not resell or otherwise provide or assist with the docusign reserves the right to correct any errors or mistakes that it identifies even if it has already issued an invoice or received payment. “subscription service” means docusign’s on-demand electronic signature 2.1 during the term and subject to these terms and conditions, docusign will, what is docusign envelope, docusign cloud storage, docusign dlp, docusign document management system.
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