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Welcome to the website of ZUSTSIGN INC (collectively “ZUSTSIGN” “website” “site” “we” “our” or “us”). ZUSTSIGN is the owner of a certain proprietary web based software application which is an e-Signature solution that helps people and organizations to sign documents digitally (the “Services”).
The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your (“Your” “You” or “User”) access to and use of this website (the “Website”) and use of the Services.
Please read the Terms of Use carefully before you start to use the Website or Services. By using the Website or Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference "Privacy Policy" . If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or Services.
This Website and Services are offered and available to users who are 18 years old or older. By using this Website or Services you represent and warrant that you are of legal age to form a binding contract with ZUSTSIGN. If you are not 18 years old or older, you must not access or use the Website or Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS.
Be advised that ZUSTSIGN, including its employees are not offering or providing any financial or legal advice on its website or through its Services. -
CERTAIN USE LIMITATIONS
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The website is offered to you free of charge to view, while other Services, including using our SaaS application through our Services are fee based and you are required to execute Our Subscription Agreement as a condition to being granted access to Our Services.
ZUSTSIGN grants you a non-exclusive, non-transferable, limited permission to access and display the Web pages within this site as a user, customer or potential customer of the Services provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Web site as permitted by this Web site’s robots.txt protocol, and ZUSTSIGN may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Web site.) All other use of this site is prohibited. All rights not expressly granted herein are reserved.
You may not copy, modify, distribute, sell, or lease any part of our Website or Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
Except for the limited permission in the preceding paragraphs, ZUSTSIGN does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
You agree that at any time in our sole discretion, without notice to you and without liability of any kind, we may make improvements and/or changes to this Website, restrict or terminate your access to or use of any part or all of the Website, or refuse, move, or remove any material that you submitted to the Website.
You represent, warrant, and agree that any information or materials you submit to or post on the Website
(a) shall be true, accurate, and current;
(b) will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy, or Fair Housing right;
(c) will not be fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene;
(d) will not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another's use of the Website;
(e) will not promote illegal or harmful activities; and
(f) will not be illegal, unlawful or contrary to any applicable laws or regulations where created, displayed, or accessed.
You agree not to (and not to assist any third party to):
(a) engage in commercial use of the Website or Services or any content on the Website or Services;
(b) reproduce, copy, display, screen grab, takes pictures or videos of, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, reverse engineer, decompile, create derivative works, or otherwise use any portion of the content or Software offered on the Website or Services for other than your own personal, non-commercial use;
(c) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or any content or other material obtained via the Website or any services on the Website;
(d) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website, such as for purposes of constructing or populating a searchable database of business or property reviews;
(e) collect or harvest any information about other users for any purpose;
(f) reformat or frame any portion of the web pages that are part of the Website;
(g) create user accounts by automated means or under false, misleading or fraudulent pretenses;
(h) create or transmit unwanted electronic communications such as “spam” to other users or otherwise interfere with other users’ enjoyment of the Website;
(i) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
(j) use the Website to violate the security of any computer network, crack passwords or security encryption codes, or transfer or store illegal material, including any material that may be deemed threatening or obscene;
(k) copy or modify the HTML code used to generate web pages on the Website;
(l) use any device, software or procedure that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
(m) take any action that imposes an unreasonable or disproportionately large load on our IT infrastructure;
(n) modify, adapt, translate, or reverse engineer any portion of the Website;
(o) use the Website to violate any law or regulation, including but not limited to Fair Housing laws and regulations, or
(p) use the Website for any purpose that is unlawful or prohibited or unauthorized by these Terms of Use. -
PAYMENT
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For Services offered on a payment or subscription basis, the following terms apply, unless ZUSTSIGN or its third party affiliates notify you otherwise in writing. If you are given access to the ZUSTSIGN web based SaaS application “ZUSTSIGN” through Our Services you are required to sign Our Subscription Agreement. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
1. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
2. ZUSTSIGN utilizes the services of a third party payments processor to process all credit card payments you make for Services offered by ZUSTSIGN.
3. You must pay with one of the following:
(a). A valid credit card acceptable to ZUSTSIGN;
(b). A valid debit card acceptable to ZUSTSIGN;
(c). Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
(d). By another payment option ZUSTSIGN provides to you in writing.
4. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
5. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
6. ZUSTSIGN will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
7. Additional cancellation or renewal terms may be provided to you on the website for the Services. -
USE WITH YOUR MOBILE DEVICE
- Use of the Website and Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
- 1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
- 2. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
- 3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
ZUSTSIGN MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: -
THIRD PARTY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES
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This Website may feature information, materials, products, and services provided by third parties, which may include content providers, payment processors, advertisers, and other users (collectively, the “Third Party Information”). All such information, materials, products, and services made available by a third party are those of the third party and not us. We make no representation or warranty with respect to, nor do we guarantee or endorse, and we disclaim any express or implied warranty relating to, the accuracy, completeness, quality, timeliness, non-infringing nature, legality, condition, or reliability of any third party information, materials, products, or services.
You agree that we have no responsibility or duty to review, pre-screen, or approve, and that we shall not be responsible or liable for, any third party information, materials, products, or services or any loss or damage of any kind suffered by you or any third party arising out of or relating to any of them.
If you choose to communicate or contract with any third party, or use any information, materials, services or products of any third party, you agree that you will address any issues or disputes regarding such matters directly with the third party, and not us. You acknowledge that your participation in any services provided by a third party or purchase of any product from a third party will constitute your consent to such third party's terms of service or terms of use with respect to such service or product. -
LINKS TO THIRD PARTY SITES
- This Website may contain links, inline frames, feeds, embedded content to or from websites (collectively, “Third Party Links” or "Links") operated by parties other thanZUSTSIGN. Such links are provided for your convenience only, and do not indicate any endorsement of the material on such websites or any association with their operators. You agree that ZUSTSIGN is not responsible or liable for such websites, the availability or contents of such websites, any products or services they offer, or any damages any of the foregoing may cause you.
IN NO EVENT SHALL ZUSTSIGN BE LIABLE FOR ANY DAMAGES SUFFERED BY A WEBSITE USER (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY LINKED SITE OR THIRD PARTY WEBSITE OR RELATED SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ZUSTSIGN WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT SUCH DAMAGES WERE POSSIBLE.
The Website utilizes Google Maps, Google Translate and related content licensed to us by Google and its licensors. By using the Google Maps and Google Translate features available on the Website, you are agreeing to be bound by the applicable policies, Terms of Use of Google. -
Linking to this site
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ZUSTSIGN consents only to links to this website in which the link and the pages that are activated by the link do not:
(a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site;
(b) misrepresent your relationship with ZUSTSIGN;
(c) imply that ZUSTSIGN approves or endorses you, your Web site, or your service or product offerings; and
(d) present false or misleading impressions about ZUSTSIGN or otherwise damage the goodwill associated with ZUSTSIGN’s name or trademarks. As a further condition to being permitted to link to this site, you agree that ZUSTSIGN may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease any related use of ZUSTSIGN’s trademarks. -
The Content of Others
- Content (“content”) on our website may be produced by other users and other third parties (“third party content”) and may contain content or materials (“materials”) from publishers or other Users. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although ZUSTSIGN reserves the right to review all content that appears on the website or Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the website or Services.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Users and third parties, including information providers or any other users of the Website or Services, are those of the respective author(s) or distributor(s) and not of ZUSTSIGN.
You are responsible for your use of the website and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. As such, you should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the website or Services or obtained by you through the website or Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the website or Services or endorse any opinions expressed via the website or Services. You understand that by using the website or Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the website or Services and, we cannot take responsibility for such Content.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
Through these Terms, we make clear that we do not want the website or Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the website or Services will always conform to our Terms.
You may be able to post User Content. You must not post any User Content that is threatening, abusive, unlawful, misleading, fraudulent, discriminatory, libelous, defamatory, obscene or otherwise objectionable, or that contains ethnic, sexual, racial or other discriminating slurs. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, solicitations, advertisements, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing state, government or federal identification information or numbers (whether your own or of another person), such as national identification number, social security number, passport number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information could possibly cause identity theft. ZUSTSIGN may remove any such identification information, but we are under no obligation to do so and have no responsibility and disclaim all liability or damages for any user posting of such identification information.
ZUSTSIGN reserves the right to disclose all User Content and other relevant or related information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site and Services; to protect itself, its affiliates, its partners and its users or visitors; and to comply with legal obligations or governmental requests. What this means is that we may honor law enforcement or court-mandated requests such as subpoenas or search warrants to reveal a user’s electronic address and identity, or other properly requested information.
Although we have no obligation to do so, we may monitor User Content, and reserve the right to delete any User Content or portion thereof that, in ZUSTSIGN’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific area of the Site or Services on which it is posted, or that is an advertisement, or other commercial message, or that ZUSTSIGN determines in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, we encourage you to report the content or conduct to us so that we may have the opportunity to consider whether to remove the content or not. Just so there is no ambiguity in these Terms of Use, ZUSTSIGN does not have any obligation to remove any User Content, and whether User Content is deemed to be inappropriate or violates any ZUSTSIGN policy will always remain within the sole discretion of ZUSTSIGN.
Please take note of the following: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious,filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1). -
License to User Content and Feedback
- You retain your rights to any Content you submit, post or display on or through the website. What’s yours is yours — you own your Content (and your photos and videos are part of the Content).
By submitting, posting or displaying Content on or through the website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for ZUSTSIGN to provide, promote, and improve the website or Services and to make Content submitted to or through the website or Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our Terms of Use for such Content use. Such additional uses byZUSTSIGN, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the website.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Only to the extent as permitted by law, if you post content or submit material to ZUSTSIGN, including photographs or material you grant Us a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable right and license to use, sell, make, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Services, ZUSTSIGN’s website or its publisher partners, maintaining ZUSTSIGN website and promoting ZUSTSIGN without restriction. You further grant to ZUSTSIGN, its affiliates, and sublicensees the right to use your user name, user name, and/or trademarks and logos in connection with any such User Content or ZUSTSIGN marketing materials or content that we might publish or display on the site or Services.
As a user of the site or Services, you represent, warrant and acknowledge that:
(i) you own the User Content that you submit, display, post or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section,
(ii) that all such User Content, and its submission, display, posting or availability on or through the Site does not violate any applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and
(iii) such submission, posting, display or availability on or through the Site does not result in or cause any breach of contract between you and any third party. You further agree to pay for all royalties, fees, damages, and any other monies of any kind owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless ZUSTSIGN and its affiliates and sublicensees from all claims of any kind resulting from any such User Content. If you desire to request to revoke the license granted by you in this Section for any such User Content, you must email Us at: vdasari@zustsign.com with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request to remove such User Content must include
(a) your name, address, telephone number, and email address;
(b) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder;
(c) identification of the User Content for which the license is to be revoked, and please provide all necessary information reasonably sufficient to allow ZUSTSIGN to locate and remove such User Content on the Site;
(d) a written statement certifying that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and
(e) a statement that the information in the request to remove the user content is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content that you desire to be removed from the site.
Only if you desire to do so voluntarily, you may offer feedback to ZUSTSIGN about the functionality and performance of the Site, including, without limitation, identifying ways to modify the site, potential errors, making improvements, fixing bugs, or enhancements (“Feedback”). By providing Feedback, you hereby grant to ZUSTSIGN a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, sell, make sublicense, reproduce, perform, distribute, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that ZUSTSIGN may disclose any or all Feedback to any third party in any manner, and you agree that ZUSTSIGN may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is unsolicited, gratuitous and without restriction, and will not put ZUSTSIGN under any confidentiality, fiduciary, or other any obligation, and that ZUSTSIGN is free to use such Feedback without any additional compensation to you, and that we are free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, we do not waive any rights to use similar or related ideas previously known to ZUSTSIGN, or developed or created by its employees, or derived from sources other than you. -
Confidential information
- ZUSTSIGN does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to ZUSTSIGN will be deemed NOT to be confidential. By sending ZUSTSIGN any information or material, you grant ZUSTSIGN an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that ZUSTSIGN is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:
(a) we obtain your permission to use your name; or
(b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or
(c) we are required to do so by law. Personally-identifiable information that you submit to ZUSTSIGN for the purpose of receiving products or services will be handled in accordance with our privacy policies. -
Global availability
- Information ZUSTSIGN publishes on the Internet may contain references or cross references to ZUSTSIGN’s products, programs and services that are not announced or available in your country. Such references do not imply that ZUSTSIGN intends to announce or make available such products, programs, or services in your country.
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PRIVACY
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You agree that we may collect, use, and share information about you in any manner permitted by the Privacy Policy posted on this Website.
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YOUR ACCOUNT
- You agree that you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your password or your account. You agree:
(a) that you will not disclose your Site password to anyone,
(b) that you will not allow others to utilize your account,
(c) to ensure that you fully exit from your account at the end of each session,
(d) to immediately change your password if you become aware that your account has been compromised,
(e) to immediately notify us of any unauthorized use of your password or account, or any other breach of security, and
(f) that you will be solely responsible for safeguarding your password and for any actions taken under your password or account, whether authorized by you or not. -
Respecting Copyright
- We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Website or Services any infringing material that we become aware of. And if ZUSTSIGN becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the the website infringes a copyright that you own or control, please contact Us: -
Contact Us
- ZUSTSIGN
Attn: Administrator
Email- vdasari@zustsign.com
If you file a notice by mail with Us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
1. contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2. identify the copyrighted work claimed to have been infringed;