Sign This Contract, Inc. (“STC”) welcomes you to our Internet-based secure digital eSignature software application (the “STC Service”) and to this web site (the “Website”). Please review the below Terms and Conditions concerning your use of this Website. By accessing, viewing, using, uploading documents, eSigning documents or downloading documents on this Website and using the STC Service, you agree to be bound by and follow the Terms and Conditions and all policies and guidelines set forth below. If you do not agree to all of the Terms and Conditions specified here, you should not use the STC Service or browse this Website. These Terms and Conditions represent a binding legal agreement between you and Sign This Contract, Inc. (“STC”, “we”, “us”, and “our”).
Copyright / Use of STC Materials
Without limitation, all content, text, pages, graphics, files, logos, designs, processes, icons and Contract Library contracts/agreements on this Website (collectively called “Materials”) are copyrighted and STC reserves all rights associated with these copyrights. This Website is protected by copyright as a collective work or compilation under US and International copyright laws. You may electronically copy, save and/or print to hard copy portions of this Website for the sole purpose of evaluating the STC Service as long as it is used internally and for non-commercial use. Any other use of any Materials on this Website is strictly prohibited without express written permission from officers of the company STC. STC will acknowledge the names, trademarks, service marks and logos of other companies mentioned on this Website and give credit to those respective companies. Any rights not expressly granted herein are reserved by STC.
Use of STC Services
If you are accessing or using the Website to view, sign or retrieve contracts, forms or documents that were directed to you by another user of the STC Service, you are granted a limited Subscription to access the STC Service and/or Website to 1) learn about the STC Service; 2) execute, sign, or eSign the relevant contract or document; 3) and retrieve and documents and/or forms that you executed, signed, or eSigned. You may not copy, duplicate, distribute, transmit, reproduce, license, create derivative works from or use in any other way the Website content or STC Service. You also may not engage in another activities such as 1) using spiders or bots or scripts to collect information from the Website; 2) frame this Website into another web site; 3) place pop-up windows over the Website’s pages; 4) engage in “screen scraping” or “database scraping” or any other related activity of extracting any type of data from this Website or the STC Service.
Upload of User Documents
In the course of using the STC Service, you will upload forms, documents, pictures, contracts and/or agreements collectively called “User Documents”. STC does not and will not hold a copyright to any User Documents uploaded to the STC Website. STC will treat these User Documents as confidential and will not copy, reproduce, or distribute them to any other third party.
FOR ANY USER DOCUMENTS THAT YOU UPLOAD TO THE STC WEBSITE, YOU MUST HOLD A VALID COPYRIGHT LICENSE AND/OR HAVE FULL PERMISSION TO USE THAT CONTENT. BY UPLOADING ANY USER DOCUMENTS TO THE STC WEBSITE, YOU ARE ASSERTING THAT YOU HAVE A VALID COPYRIGHT OR HAVE FULL PERMISSION TO USE THE WORK. STC WILL ASSUME NO LIABILITY IF YOU VIOLATE ANOTHER PARTY’S COPYRIGHTS IN USING AND UPLOADING THEIR WORK TO THE STC WEB SITE. STC WILL COMPLY WITH ALL REQUESTS TO REMOVE USER DOCUMENTS FROM THE STC WEBSITE FROM THIRD PARTY INDIVIDUALS OR COMPANIES THAT ASSERT THEIR COPYRIGHTED MATERIAL IS BEING USED WITHOUT VALID PERMISSION.
Fees and Payment Terms
STC will charge a fee for the use of the STC Service. The fees for STC Service membership plans are billed in advance and are billable in one (1), three (3), or twelve (12) month cycles. All fees for STC Service membership plans may be paid by credit card or by a company check if desired. If you would like to pay by company check, please contact our customer support department. Before the conclusion of your STC Service membership plan, we will attempt to renew your membership plan automatically by charging your credit card. If you choose not to renew your membership plan, you may 1) call into our customer support department and notify them, or 2) log into your account and turn off the option to auto-renew your membership plan.
As part of the STC Service, STC may offer additional services or products that are billed on a one-time basis or even a transactional basis collectively called “Add-Ons”. These Add-Ons will be clearly indicated on the Website and you will be given the ability to purchase these items with your current credit card on file in your account.
For the recurring charges that will be charged to your credit card, SignThisContract.com does not store your credit card number in any way (except for the last 4 digits for your reference). When you enter your credit card number into our site, we SSL encrypt that transaction and transfer your credit card information over to our bank processor Paypal.com. Paypal.com stores your credit card number for recurring billing.
Subscription to STC Service (not a License)
Upon your successful payment to STC for a particular membership plan for the STC Service (“Subscription”), you will be given the right and ability to use the
STC Service. The STC Service is a Software-as-a-Service (SaaS) model and does not imply any license or transfer of ownership of the STC system, source code,
compiled code or any Materials within. With your Subscription to the STC Service, you will not receive any tangible property such as software downloads
or shrink-wrapped software. Your Subscription and use of the STC Service will last as long as your membership plan has not expired. If you have purchased
multiple Subscriptions for multiple people within your organization, you can transfer a Subscription from one individual to another by contacting
the customer support department or by using your Account tools within the STC web site.
Your company or organization will have the ability to purchase one or multiple Subscriptions corresponding to one or multiple people. Each physical
person that uses the STC Service must purchase a separate Subscription. MULTIPLE PEOPLE CAN NOT SHARE THE SAME SUBSCRIPTION (LOGON CREDENTIALS). SHARING
USER SUBSCRIPTIONS BETWEEN MULTIPLE PEOPLE IS A VIOLATION OF THESE TERMS AND CONDITIONS FOR THE STC SERVICE.
Use of STC Contract Library
As part of the STC Service (depending on your Subscription membership plan level), you will be given access to and permission to use a number of contract/agreement templates collectively called the “STC Contract Library”. These contracts and agreements provided for your use in the STC Contract Library are examples of common business agreements. PRIOR TO YOU USING ANY CONTRACT OR AGREEMENT IN THE STC CONTRACT LIBRARY, YOU MUST HAVE YOUR PERSONAL OR BUSINESS LAWYER REVIEW THE AGREEMENT TO INSURE THAT IT FITS YOUR SPECIFIC PURPOSE AND THAT IT TAKES INTO ACCOUNT THE PARTICULR LAWS OF THE STATE YOU ARE IN. In using any and all of these contracts or agreements in the STC Contract Library, you are releasing STC from any and all liability associated with the use of these documents.
Your continued use of the STC Contract Library is conditioned upon you having a current and active membership plan of the STC Service. If at any time you are no longer a paying subscriber to the STC Service or your membership has expired, you will no longer have a valid Subscription and permission to use any agreements or contracts of the STC Contract Library.
Access Limits / Usage Limits
STC will save and store all of your contracts and agreements for the entire period of time while you have an active service plan with the STC Service. For service plans that allow for an “Unlimited” amount of storage, STC will store a reasonable amount of contracts and agreements that is normal and not excessive or abusive in STC’s sole determination. STC will remove all documents, contracts, and agreements related to your account 180 days after the expiration of your service plan.
All STC Service plans are all based on a per-user Subscription fee. At no time shall you or your company share the same user Subscription across multiple individuals. Each different person must have a separate STC Service Subscription and logon. One particular user Subscription being used by the same single person may access and use the STC Service on any supported device (browser, smart phone or tablet). The STC Service may employ safeguards to prevent the same user login from being used simultaneously from 2 or more different devices or 2 or more separate locations.
Term and Termination
You are free to cancel your STC Service membership plan at any time. Any un-used portion of your Subscription payments will be refunded back to you on a pro-rated basis based on your cancellation request date and the date of expiration of your membership you purchased. STC will not refund any monies to you for any periods in the past prior to your cancellation request date. All cancellations must either be 1) in writing to our corporate office, 2) made by calling into our customer support department, or 3) by selecting to cancel your membership plan within your account profile.
Confidentiality
STC will make all reasonable efforts to keep your documents and information safe and confidential. STC employs high-strength encryption techniques as well as firewall filtering to insure your information is safe and secure. STC will notify you in the event of a major breach of security if you are an active customer subscribing to the STC Service.
Privacy Policy
We may collect the following information on you if you should choose to use the STC Service: Name, Email address, Password Mailing address, Phone number, Credit card information and Company Name (collectively called “Personal Information”). This Personal Information is collected from you when you register on our site, subscribe to the STC Service, subscribe to a newsletter, respond to a survey, or fill out a Contact Us form. The information collected from you is used in the following ways: to personalize user's experience, to improve the website, to improve customer service, to administer contests, promotions, or a survey or other site feature, to process transactions, and to send periodic emails. We do not sell, trade, or otherwise transfer your Personal Information. We protect visitor information by: using vulnerability scanning and/or scanning to PCI standards as well as using SSL certificates. We implement security measures when a user: places an order, enters, submits, or accesses their information. We use cookies to help remember and process the items in the Buy Now pages, to understand and save user's preferences for future visits and to compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf. If users disable cookies in their browser, it will turn off some of the features of the site and will cause signing events and transactions to not function properly.
Third party links: Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google: We use Google Analytics on our website. Google, as a third party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on their visit to our site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
We and third party vendors such as Google use: To compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
Opting out: Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act (“CalOPPA”): According to CalOPPA we agree to the following: Users can visit our site anonymously. This privacy policy is linked to from the footer of our Website on each and every page. Our Terms and Conditions link includes the section 'Privacy Policy', and can easily be found on this page.
How does our site handle do not track signals? We honor them and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. Also, our Website does not employ third party behavioral tracking.
COPPA (Children Online Privacy Protection Act). We do not specifically market to children under 13 and anybody under the age of 18 does not qualify to use the STC Service.
Fair Information Practices: In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: 1) we will notify the users via email within 7 business days, and 2) We will notify the users via in-site notification within 7 business days
CAN SPAM Act: We collect your email address to send you information, respond to inquiries, and/or other requests or questions. We may also send you additional information related to your product and/or service. To be accordance with CANSPAM we agree to the following:
We will NOT use false or misleading subjects or email addresses.
We will identify the message as an advertisement in some reasonable way.
We will include the physical address of our business or site headquarters.
We will monitor third party email marketing services for compliance, if one is used.
We will honor opt-out/unsubscribe requests quickly.
We will give an 'opt-out' or 'unsubscribe' option.
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email or you may log into your account on this Website and change your email preferences.
From this Website, you may be directed to other web sites not owned or operated by STC by following various hyperlinks. We will strive to control the quality and usefulness of any hyperlinks that will lead you away from the STC Website, but we have no control over these other web sites and we do not imply a recommendation for or guarantee the accuracy any or all of the content found on these web sites. As you get hyperlinked off the STC Website, please be aware that these different web sites have different privacy policies and terms and conditions that are beyond our control.
Limitations on Liability
IN NO EVENT SHALL STC, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS, SOFTWARE, STC SERVICE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, STC SERVICE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF STC OR ITS DULY AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE WEBSITE AND/OR THE STC SERVICE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF STC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Disclaimer of Warranties
All of the content, Materials, and forms on this Website are provided in good faith are designed to help facilitate the STC Service and to educate you about electronic signatures. WE DO NOT MAKE ANY WARRANTIES ABOUT THE RELIABILITY, COMPLETENESS, AND/OR ACCURACY OF THIS INFORMATION. ANY ACTION YOU TAKE UPON THE INFORMATION ON THIS WEBSITE IS STRICTLY AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES IN CONNECTION OR AS A RESULT OF YOUR USE OF THIS WEBSITE OR THE STC SERVICE. THE STC SERVICE AND WEBSITE ARE PROVIDED “AS IS” AND STC 1) MAKES NO WARRANTY OF ANY KIND OF TO ANY MATTER; 2) DISCLAIMS ALL IMPLIED WARRANTIES OR A PARTICULAR PURPOSE, AND 3) DOES NOT WARRANT THAT THE STC SERVICE OR WEB SITE WILL BE FREE FROM ERRORS OR PROGRAMATIC “BUGS” OR ISSUES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE STC SERVICE OR WEBSITE.
Indemnification
You agree to indemnify, defend and hold harmless STC and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third-party due to or arising out of the use of any Material or STC Service or STC Contract Library or any other content you submit, post or upload to or transmit through our Website, your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any law or the rights of another. These obligations will survive any termination of your STC Service and/or your use of our Website. STC reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with STC in asserting any available defenses.
Modifications to Terms and Conditions
Modifications will be made to these Terms and Conditions from time to time. STC reserves the right to modify these Terms and Conditions at any time and at our sole discretion. If we modify these Terms and Conditions, we will notify you by: 1) posting a revision to the Website; and/or 2) emailing you a copy of or link to these Terms and Conditions to the email address you provided to us. If you do not agree to these new revised Terms and Conditions, you should no longer use the STC Service or this Website. You are responsible for regularly reviewing this Terms and Conditions page to receive timely notice of any changes.
Submissions to STC
You will be able to change your personal account information by 1) emailing us, or 2) logging in to your account profile and performing an update. Any changes to your email address will need to be confirmed by an email that is automatically emailed out to your new email address when you initiate this change.
Destruction of Personal Data
If you would like any and all personal data associated with a document or agreement you have signed using the STC Service, you must email in a request in writing to support@SignThisContract.com with Subject line "Personal Data Desctruction Request".
Miscellaneous
STC’s failure to exercise any rights herein or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of any right or provision. If any provision of these Terms and Conditions shall be deemed unlawful or void for any reason, then that provision shall be deemed severable from the Terms and Conditions BUT it shall not affect the validity or enforceability of any and all remaining provisions.
During the course of supporting your account, SignThisContract.com support personnel will have the ability to 'log' into your account and view and help you with contracts or Signing Events. We will only do this with your express permission. And, our STC support personnel will never have even the ability to view your credit card information even if you request that we view it (it is technically not possible).
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Texas. You agree that any legal action or proceeding between STC and you for any purpose or reason shall be performed in the State of Texas.
Version: 201610