Terms of Use
Document Tracking Service, LLC
1. Introduction. Thank you for using the web-based services and related technologies provided by Document Tracking Service, Inc. (DTS). Please read these Terms of Use (Terms) carefully and, if you wish, print or save a copy for your records before using DTS software or service. These Terms govern and apply to all persons who access and use (You, Your and/or Users) the DTS domain, related service domains, website, databases, software, technology and tools (collectively, "Services") delivered by DTS.
DTS is willing to provide the Services to You only on the condition that You first accept these Terms. By accessing, registering for, attempting to interact with, or using any Service, or accepting these Terms through an I Accept checkbox, You agree to these Terms. If You do not agree to be bound by these Terms, do not access or use any part of this Service.
By accessing or using the Services, You acknowledge that You have read these Terms, understand them, and agree to be bound by the terms and conditions described herein. If You do not accept these Terms, you may not access or use the Service.
2. Use of Software. Any software or related materials that are made available from DTS or otherwise provided to You ("Software") is the copyrighted work of DTS and/or its licensors (if any). You may be required to register as a DTS Account (“Account”) in order to use the Software. Furthermore, Your right to use the Software will be subject to these Terms. Any use, reproduction or redistribution of the Software not in accordance with these Terms is prohibited.
3. Confidentiality. You may obtain direct access via the Services to certain confidential information of DTS’ Software, including without limitation technical, contractual, product, program, pricing, marketing, and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with DTS.
Your obligations regarding Confidential Information expire five (5) years after the date of disclosure of Confidential Information. Upon termination of the Terms or DTS' written request, You must cease use of Confidential Information and return or destroy it.
This Confidentiality provision will not apply with respect to Confidential Information to the extent that You can establish by legally sufficient evidence: (a) You possessed such Confidential Information prior to Your receipt from DTS, without an obligation to maintain its confidentiality; (b) such Confidential Information is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the terms; (c) You obtained such Confidential Information from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed substantially similar information without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) You are required to disclose such Confidential Information in response to a valid order by a court or other governmental body, as otherwise required by law, but only after prior notice to DTS adequate to afford DTS the opportunity to object to the disclosure.
Additionally, You have no privacy rights to any information that is publicly known in a different format, if DTS submits otherwise publicly known information in a different format or language You agree to such in using this Software. Any questions or concerns should be submitted to info@doc-tracking.com.
4. DTS Obligations. DTS shall, during the term of the Service contract, provide the Client with the Services in accordance with the Service specifications. DTS shall conduct the implementation of the Services with due skill and care and in accordance with the Service specifications and otherwise in accordance with applicable professional standards. DTS shall provide the Services in accordance with all applicable laws and regulations. DTS shall deliver necessary access to you in due time before the implementation of the Service. DTS shall keep the Services updated and upgraded so that the Services regularly are improved and enhanced. Support and maintenance services shall be provided as part of the Services.
5. Your Obligations. You shall be responsible for having access to the internet in order to access the Services and Software. You shall be responsible for managing the access credentials You create in order to gain access to the Services and Software. You shall only use the Services in accordance with DTS’ instructions.
6. Privacy Policy. DTS respects Your privacy and permits You to control the treatment of Your personal information. A complete statement of DTS current Privacy Policy can be found by clicking here. DTS Privacy Policy is expressly incorporated into these Terms by this reference.
7. Account Registration and Security. In order to use or access the Service, a Customer Portal must be created and/or Users may be added as an additional User in an existing Customer Portal.
a. Customer Portal. You must provide complete and accurate information as requested by DTS and update Your information as needed to keep Your Customer Portal current. At DTS sole discretion, DTS may terminate the access rights of Users who may have provided inaccurate or incomplete information. You will be provided a username and password for Your Customer Portal. You will have complete rights over the Customer Portal. You are entirely responsible for maintaining the confidentiality of Your password. Your Customer Portal is for Your personal use only. You may not authorize others to use Your Customer Portal, and You may not assign or transfer Your Customer Poral. You may not use the Customer Portal, username, or password of someone else at any time. You agree to notify DTS immediately on any unauthorized use of Your Customer Portal, username, or password. DTS shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by DTS, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your Customer Portal or password.
8. Your Obligations. If you are entering into these Terms on Your own behalf, You represent that You are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. If You are under eighteen (18) years of age, You are not allowed to use the Services.
9. Licensing Agreement. You may gain access to the Services through the execution of a written Licensing Agreement with DTS (Licensing Agreement). Your Licensing Agreement will specify applicable fees, how long You are authorized to use the Service, and other terms. In the event of a conflict between these Terms and the terms of Your Licensing Agreement (excluding these Terms), Licensing Agreement Terms shall control except to the extent that the Licensing Agreement Terms identify the specific provision(s) in these Terms to be varied.
10. Institution Subscription. This Section applies only Your Licensing Agreement specifies that You are acquiring a Service as a User for an institution. If Your institution and DTS have a separate signed Licensing Agreement, then such Licensing Agreement will control if there is a conflict between the terms of such Licensing Agreement Terms and the Terms of this Section.
Subject to the institutions payment of the applicable fees, the institution may authorize faculty, and administrative staff (collectively, Authorized Users) to access and use the applicable Service for non-commercial educational or instructional use, on condition that those Authorized Users accept these Terms before or during their first use of that Service. For Service subscriptions that include a limit on the number of Authorized Users, Authorized Users includes all individuals authorized to use the Service, regardless of whether any such individual is actively using that Service at a particular time. The institution shall ensure that any Users of the Service provided access through the institution comply with these Terms. Authorized Users shall take all reasonable precautions necessary to safeguard against unauthorized access and use of the Service through the Authorized Users password and account, including ensuring that an Authorized User ceases use of the Service after that Authorized User is no longer associated with the institution.
11. General Terms of Use of Services.
a. You may not post inappropriate materials in accordance with Section 15 of these Terms.
b. You are responsible for any activity that occurs under Your Customer Portal, so it is Your responsibility to keep Your account and password secure.
c. You may not impersonate another User, person, or entity, or represent yourself as affiliated with DTS or DTS staff.
d. You must not abuse, harass, threaten, impersonate, or intimidate other Users.
e. You may not use the Services for any illegal or unauthorized purpose.
f. You are responsible for verifying the safety, suitability, and functional state of any items or services given, shared, sold, or received via the Services.
g. You may not intentionally misrepresent any items or services given, shared, or sold via the Services.
h. You are responsible for ensuring and being able to verify that You have legal standing to offer items (whether giving, sharing, or otherwise) posted on or using the Services.
i. You are responsible for Your conduct and any data, text, information, accounts, usernames, graphics, photos, profiles, audio, video clips, and links ("Content") that You submit, post, and display on the Services.
j. DTS does not control, is not responsible for and makes no representations or warranties with respect to any User Content.
k. You are responsible for Your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any User Content.
This list is an example and is not intended to be complete or exclusive. DTS does not have an obligation to monitor access or use of the Service or to review or edit any information or Content posted to DTS by the User. However, DTS has the right to do so for the purpose of operating the Service, to ensure User compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
DTS reserves the right, at any time and without prior notice, to remove or disable access to any data or Content submitted by a User, that it considers, in its sole discretion, to be in violation of these Terms, or harmful to the Service. Deleted Content may be stored by DTS in order to comply with certain legal obligations and claims.
12. General conditions associated with Service.
a. DTS reserves the right to refuse service to anyone for any reason at any time.
b. DTS reserves the right to force forfeiture of any username that becomes inactive, violates trademark, may mislead other Users, or is otherwise deemed inappropriate by DTS.
c. DTS may, but has no obligation to, remove Content and accounts containing Content that DTS determines in its sole discretion are unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable, violates any party's intellectual property, these Terms, or Privacy Policy.
d. DTS reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
e. DTS may collect personal identifiable information in accordance with the Privacy Policy.
13. Accessing the Website and Account Security. DTS reserves the right to withdraw or amend the Service and any material DTS provides, in DTS sole discretion without notice. DTS will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, DTS may restrict access to some parts of the Service, or the entire Service, to Users.
You are responsible for (i) making all arrangements necessary for You to have access to the Service and (ii) ensuring that all persons who access the service through Your internet connection are aware of these Terms and comply with them.
14. Inappropriate Content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (i) is libelous, defamatory, obscene, pornographic, abusive, or threatening, (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation, or (iii) is used for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal identifiable information, or otherwise. DTS reserves the right to terminate Your receipt, transmission, or other distribution of any such Content or material using the Service, and, if applicable, to delete any such material from its servers. DTS intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
15. Proprietary Rights in Content on Service.
a. DTS does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, works of authorship, applications, or any other Content that You post on or through the Services. By displaying or publishing ("Posting") any Content on or through the Services, You hereby grant to DTS a non-exclusive, fully paid and royalty-free, worldwide, sub-licensable and transferable license to use, modify, publicly perform, publicly display, reproduce and distribute such Content, including without limitation distributing part or all of the Content in any media formats through any media channels now known or hereafter invented.
b. You represent and warrant that: (i) You own the Content posted by You on or through the Services or otherwise have the right to grant the license set forth in this section, (ii) the Posting and use of Your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the Posting of Your Content on the Services does not result in a breach of contract between You and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content You post on or through the Services within Indemnification section of these Terms.
c. DTS owns and retains all rights in the Content and the Services. DTS grants You a limited, revocable, non-sublicensable license to reproduce and display the Content (excluding any software code) solely for Your personal use in connection with using the Services.
d. The Services contain Content of Users and other licensors. Except as provided within these Terms, You may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any Content of other Users appearing on or through the Services outside of Your Customer Portal.
e. DTS performs technical functions necessary to offer the Services, including but not limited to transcoding, translating, and/or reformatting Content to allow its use throughout the Services.
16. Storage of Your Content. You acknowledge that the Services are not designed or intended to be used as part of a disaster recovery facility or an emergency data storage facility. Although DTS takes reasonable precautions to preserve and protect Your Content, You shall not rely on the Services as Your only storage means. You should make and preserve Your own backup copies of Your Content. DTS is not liable for damage to, deletion of, or failure to store, Your Content.
17. Reliance on Information Posted. The information presented on or through the Service is made available sole for general information purposes. DTS does not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. DTS disclaims all liability and responsibility arising from any reliance placed on such materials by You or any other User of the Service, or by anyone informed of its contents
18. Changes to the Terms of Service. DTS may revise and update these Terms from time to time at DTS sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted. Your continued use of the Service following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.
19. Communications. You shall not post, transmit or otherwise distribute any surveys, contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages; use of information provided by DTS, upload of viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; use of metatag searches of the website or the service; or creating a false identity for the purpose of misleading others. You further understand that DTS will retain information in e-mail and other accounts, and the maximum number or size of messages that may be sent from a single account, and providing for termination of an account for inactivity.
20. Electronic Signature of Documents by Users. The Service includes a mechanism for electronic signatures by Users. DTS does not undertake any liability regarding validity or confidentiality of documents exchanged between Users. By agreeing to the Terms, You acknowledge that You are responsible to ensure validity of all documents and signatures.
21. User Reviews. The Service may evolve to allow for reviews and input on Users. At such time, DTS reserves the right to modify the availability of reviews and monitor the reviews posted by Users.
22. Prohibited Uses of the Service. DTS imposes certain restrictions on Your permissible use of the Service. You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, (a) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with Service to any User, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by DTS in providing the Service. Any violation of system or network security may subject You to civil and/or criminal liability.
23. Fees. Some Services and associated Content may be available only if an associated fee has been paid. Unless otherwise specified in the applicable Agreement, all fees are payable in U.S. dollars. All fees paid are nonrefundable and non-creditable.
Unless another form of payment is specified in the Agreement, DTS will send an invoice or purchase order for all applicable fees in advance of Service delivery. DTS will accept payment for services by check or credit card. Users shall provide DTS with accurate and complete billing information, including your name, address, telephone number, as requested by DTS, and shall promptly notify DTS of any changes in that information.
If you believe that a billing discrepancy has occurred, unless you notify DTS in writing within sixty (60) days after the date on which that discrepancy first appeared on Your invoice or purchase order, as applicable, You waive Your right to claim that discrepancy.
Service purchases and subscriptions are nonreturnable and cannot be exchanged. Until Your Service is terminated, You will continue to accrue charges for which You remain liable, even if You do not use the Service.
If You fail to pay according to these Terms, DTS may, without prejudice to its other rights and remedies: (1) charge interest on any unpaid amounts on a daily basis from the original due date at the rate of the lesser of one point five percent (1.5%) per month or the maximum amount permissible by law, (2) suspend or terminate Your use and/or access to Services, or both (1) and (2). You shall reimburse DTS for all reasonable expenses DTS incurs in collecting past due amounts, including wire transfer fees, collection agency fees, reasonable attorneys fees, and court costs. DTS may charge a fee for reinstatement of suspended or terminated accounts.
In addition, if You fail to pay according to these Terms, unless otherwise prohibited by applicable law, You consent and agree that DTS or its designated third party collection agency may contact You by: (1) phone at one or more of Your telephone numbers, including Your wireless telephone numbers (in which case You might incur wireless telephone charges under Your wireless device plan), (2) text messages (in which case You might incur message and data charges under Your wireless device plan) or emails, and/or (3) any other method of contact, including pre-recorded and/or artificial voice messages or an automatic dialing device. DTS may from time to time offer Service promotions and discounts for which You may be eligible, including promotions available for a limited time. Unless otherwise specifically noted, Service promotional offers and discounts apply to first-time purchasers only. Separate terms and conditions may apply to promotional offers and discounts.
24. Refund Statement. For a description of the refund/return policy that may apply to Your purchase of the Service and/or Software, please review the specific terms and conditions contained in the agreement You consented to be bound to in connection with the use of Services and/or Software.
25. Indemnification. You agree to indemnify and hold DTS harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) DTS incurs in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to (i) Your use or misuse of, or access to the Service, or the use of the Service, (ii) a violation of these Terms, any applicable law or regulation, or the rights of any third party, by any person using Your account; (iii) Your Content; or (iv) (a) Your interaction with any users, (b) Your transfer of any item or service, or (c) Your creation of an item or service post. Liability for any given item or service offered by You includes, but is not limited to, any injuries, losses, or damages of any kind arising in connection with or as a result of a request for or use of an item or service.
DTS retains the right to employ DTS own counsel. You remain solely responsible for DTS defense and must obtain DTS written consent to a settlement. You agree to notify DTS of a pending suit claiming You have violated a third partys intellectual property or other rights. DTS requires that You confirm Your indemnification in case of a lawsuit; failure to do so may be considered a breach of Your Terms of Use.
26. Integration with Third Party Services. If You are using the Service combined, integrated, or used with third party products, software applications, or website (Third Party Service[s]), You agree that: (i) You may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Services (ii) the functionality of the Service, may be diminished when operating through a Third Party Service; and (iii) DTS cannot guarantee that the Service shall always be available on or in connection with such Third Party Services.
27. Ownership. DTS and the Service are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, DTS (or its licensors) exclusively own all right, title and interest in the Service, including all associated intellectual property rights.
28. Feedback. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information submitted to DTS relating to modifying or improving the Services (Feedback), whether solicited or unsolicited, are non-confidential. DTS may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to You. You grant to DTS a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use Feedback, and in the event perpetual license terms are not allowed by law, the term shall be for the longest period as allowed by applicable law.
29. Updates and/or Changes to the Site. The Services and/or Software may contain technical inaccuracies or typographical errors. Unless otherwise specified in the Terms, the Services and Software may be updated, modified, or deleted at any time without notice.
30. Intellectual Property Rights. The Service and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and design, selection, and arrangement thereof are owned by the DTS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secrets, and other intellectual property or proprietary rights laws.
These Terms permit You to use this Service for Your personal, non-commercial useonly. You must not reproduce, distribute, modify, create derivative work of, publicly display, publicly perform, republish, download, store, or transmit any of the material provided by this Service, except as follows:
a. Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing the materials.
b. You may store files that are automatically cached by Your web browser for display enhancement purposes.
c. You may print or download one copy of a reasonable number of pages within the Service for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
31. Trademarks. DTS name, DTS logo, and all related names, logos, products and service names, designs, and slogans are common law or otherwise trademarks of the DTS or its affiliates or licensors. You must not use such marks without the prior written permission of the DTS. All other names, logos, product and service names, designs, and slogans used within the Service are the trademarks of their respective owners.
32. Termination. DTS may terminate, change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) or Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your use of the Service and related Content.
33. Disclaimer. You understand and agree that the Services are provided to You "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, DTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DTS make no warranty that the Service will meet Your requirements or be available on an uninterrupted, secure, or error-free basis.
34. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL DTS, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE LICENSORS (IF ANY), OR ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES AND/OR SOFTWARE CONTAINED AT DTS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SERVICES AND/OR SOFTWARE FROM DTS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Services and Software are controlled and operated by DTS from its offices in the United States of America. DTS makes no representation that Services or Software at DTS site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited.
35. Disclaimers/Warranty. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS OF THIS DTS TERMS OF USE. EXCEPT AS SPECIFICALLY WARRANTED ON THIS DTS TERMS OF USE, ALL SERVICES AND SOFTWARE OFFERED BY DTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DTS, FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE LICENSORS (IF ANY) AND SUPPLIERS, DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Neither DTS, nor its subsidiaries and affiliates and their respective licensors (if any) and suppliers, warrant the accuracy, completeness or quality of any of the Services or Software.
36. Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to You. In these cases, DTS liability will be limited to the fullest extent permitted by applicable law.
37. Arbitration. For any dispute You have with DTS, You agree to first contact DTS and attempt to resolve the dispute with us informally. In the unlikely event that DTS has not been able to resolve a dispute within thirty (30) days, Users agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, Claims), by binding arbitration. Unless You and DTS decide otherwise, arbitration will be conducted in California. If Your claim is for $10,000 USD or less, DTS agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS DTS AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSONS CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DTS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
38. Jurisdiction and Venue. These Terms are to be governed and construed by the state laws of the California. In the event of a dispute arising out of or relating to these Terms, or Your use of or access to this Software, litigation must be brought in state or federal court in the State of California.
39. Waiver. The failure of DTS to exercise or enforce any right or provision of these terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services and/or Software or the terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
40. Modification. DTS reserves the right, at its sole discretion, to modify or replace any of these Terms on the DTS website by sending You notice through the Service via e-mail and through the application message. DTS may also impose limits on certain features and/or restrict access to parts or all of the Service without notice or liability. You may not opt out of these notifications, and Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.DTS may update these terms at any time without notice by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on You. If You have comments or questions about our Terms, please contact DTS. DTS will address any issue to the best of our ability. These Terms constitute the entire agreement between DTS and Users regarding the Service and supersede and replace any prior agreements DTS might have with Users regarding the Service.
41. Severability. No part of these Terms shall cease to be in effect if any other part is deemed unenforceable, or otherwise non-applicable.
42. Questions and Contact Information. Please contact us You have any questions about the Terms. Alternatively, DTS can be contacted at:
Document Tracking Service, Inc.
10606 Camino Ruiz, 8-132
San Diego, CA 92126 Phone: (858) 784-0967
Email: info@doc-tracking.com
Effective: 01/01/2020
