The purpose of this website, vignature.com (the “Site”), owned and operated by Vignature Inc. (“Vignature”) is to provide electronic signature services (“Service”). Please read these terms of service (“Terms of Service”) carefully before using the Site or any Service. By using or accessing the Site or any Service, you agree to become bound by all the terms and conditions of the Terms of Service. If you do not agree to all the terms and conditions of the Terms of Service, do not visit the Site or use any Service. The Site and Services are accessed by you (“User” or “You”) under the following terms and conditions:
Your use of any Service is an unconditional acceptance of our Terms of Service; provided you have the legal capacity to enter into contracts for yourself or for your organization. You are required to provide current and accurate information as part of our account registration process.
We may, in our sole discretion, modify the Terms of Service with or without notice to You. The “Last Updated” date at the top the Terms of Service will indicate when the latest modifications were made. By continuing to access and use the Site and/or any Service after the Terms of Service are modified, you agree to such modifications. Therefore, you should review the Terms of Service prior to each use of the Site and/or the Service.
Free accounts are subject to these Terms of Service.
You acknowledge that all materials at the Site and the Service, including the Site’s and the Service’s design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Vignature and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Vignature authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Vignature or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at the Site and/or the Service are the sole property of Vignature and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Vignature and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of Vignature and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Vignature. We reserve the right to enforce its intellectual property rights to the fullest extent of the law.
For the avoidance of doubt, your use of the Site and the Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through this Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Service are either the property of Vignature or its affiliates or licensors. Vignature retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. Upon termination of the Terms of Service and/or your use of the Service, the license shall also terminate and all rights shall revert to Vignature without the taking of action on the part of either party. All rights not expressly granted herein by Vignature to you are fully reserved by Vignature, its advertisers and licensors.
Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Site and the Service may not be owned by Vignature Inc., and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, Vignature Inc., the Service, our products and services, or the Site.
THE SITE AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OR ASSISTANCE, WHETHER WRITTEN OR ORAL, PROVIDED BY US OR ANY THIRD PARTY TO YOU SHALL CREATE OR EXTEND ANY WARRANTY. WE DO NOT WARRANT THAT OUR SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS AND WE DO NOT GUARANTEE THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF ANY INFORMATION TRANSMITTED THROUGH THIS SERVICE OR THE INTERNET. WE SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, ERRORS, FAILURE TO PERFORM, INTERRUPTIONS OR DISRUPTIONS IN THE SOFTWARE OR SERVICES CAUSED BY OR RESULTING FROM FORCE MAJEURE EVENTS, ACTS OF THIRD PARTIES, OMISSIONS OR CONDITIONS BEYOND OUR REASONABLE AND FORSEEABLE CONTROL.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in the Terms of Service may not apply to you.
We shall have no liability, whether under any legal theory of warranty, contract, tort (including our negligence or the negligence of any third party), strict liability, or otherwise regarding the Service or other actions performed by us and relating in any way to this Terms of Service. In no event shall we or any third parties be liable for any special, indirect, incidental, or consequential damage or loss of any nature (such as damages for delay, damage to property, lost profits, death or injury to person, or any claims of those not a party to the Terms of Service) which may arise in connection with the Service or other acts performed under or relating to this Terms of Service. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF VIGNATURE FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM VIGNATURE ON THIS SITE OR THE SERVICE.
You agree to indemnify, defend and hold harmless Vignature against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct at the Site or Service, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site or the Service, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Site or the Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
We reserve the right to suspend or cancel your account access if in our reasonable judgment, your account is the source or target of a violation of any of these terms, or for any other situation we deem reasonably necessary. You will not receive a refund if your account is suspended or canceled.
If any provision herein shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
The failure of Vignature to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service.
Our Terms of Service are subject to the governing laws of the State of Texas. Only courts of competent jurisdiction in Texas shall have original jurisdiction over any disputes arising hereunder or relating to the Software or Services. Any disputes must be brought forth in Dallas County, Texas.
Copyright © 2011 Vignature Inc. All Rights Reserved