TERMS OF USE


RE FormsNet, LLC Terms of Use
This document was last updated June 24, 2002

ACCEPTANCE OF TERMS

RE FormsNet provides the ZipForm® Online Web Application to you subject to the following Terms of Use Agreement ("AGREEMENT"). The most current version of the AGREEMENT can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of the ZipForm® Online Web Application pages. The ZipForm® Online Web Application is licensed to you (not sold) pursuant to this AGREEMENT.

 

This Agreement is a legally binding agreement between you and RE FormsNet, LLC regarding the RE FormsNet product(s) identified above as the ZipForm® Online Web Application. By installing or otherwise using the ZipForm® Online Web Application, you agree to be bound by the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, you may not install or otherwise use the ZipForm® Online Web Application.

 

RE FormsNet reserves the right to change the terms, conditions, and notices under which the ZipForm® Online Web Application is offered, including but not limited to the charges and fees associated with the use of the ZipForm® Online Web Application. You are responsible for regularly reviewing these terms and conditions. Your continued permission to use the ZipForm® Online Web Application is contingent upon your agreement to all such terms, conditions, and notices, and your continued use constitutes and evidences your agreement.

 

APPLICATION DESCRIPTION

With the ZipForm® Online Web Application, RE FormsNet provides you with access to a variety of resources, including Transaction and forms management, form libraries, subscription services, download and import features, communication services and product information (collectively the "APPLICATION"). The APPLICATION, including any updates, enhancements and new features, are subject to these Terms of Use.

 

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the APPLICATION is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the APPLICATION. Any reproduction or redistribution of the APPLICATION in whole or in part is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

 

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy and Security Statement relating to the collection and use of your personal information by clicking on the "Privacy and Security" hypertext link located at the bottom of the APPLICATION pages.

 

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Subscribing to the APPLICATION requires you to open an account. Your Broker Administrator may do this for you or you may do this yourself. The registration process will provide us with current, complete and accurate information as prompted by the applicable registration form(s). Your email address is required, and you will choose a password. Our use of your email address is an integral part of the APPLICATION. You will need it to log into the APPLICATION, and in some circumstances the APPLICATION will auto-generate email messages to you.

 

You are entirely responsible for maintaining the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify RE FormsNet immediately of any unauthorized use of your account or any other breach of security. RE FormsNet will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by RE FormsNet or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

 

GENERAL TERMS REGARDING USE AND STORAGE

You agree that RE FormsNet may establish limits concerning use of the APPLICATION, including without limitation, the maximum number of Transactions that you may keep in storage at any point in time, the maximum amount of disk space that will be allotted on RE FormsNet's servers on your behalf, and/or the maximum number of times and duration you may access the service in a given period of time.

 

You agree that RE FormsNet has no responsibility or liability whatsoever for the deletion, corruption or failure to store any Transaction, template, clause or other content maintained or transmitted by the APPLICATION .  You acknowledge that RE FormsNet reserves the right to delete accounts that are inactive for an extended period of time. RE FormsNet shall have no obligation to maintain any content or to forward any content to you or any third party.

 

RE FORMSNET MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. RE FORMSNET DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY INTERFERENCE OR SUSPENSION OF INTERNET SERVICE OR FOR ANY LOSS OR CORRUPTION OF DOCUMENTS, DATA, OR LOSS OF ANY OTHER MATERIALS YOU MAY STORE ON THE INTERNET. THE ENTIRE RISK ARISING OUT OF YOUR USE OR PERFORMANCE OF THE APPLICATION REMAINS WITH YOU.

 

RE FormsNet has no obligation to monitor the APPLICATION. However, RE FormsNet reserves the right to review materials posted to the APPLICATION. RE FormsNet reserves the right at all times to disclose any information as RE FormsNet deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

TERMINATION

RE FormsNet reserves the right to terminate your access to any or all of the APPLICATION at any time, without notice, for any reason whatsoever.

 

LIABILITY DISCLAIMER

RE FORMSNET LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY OF THE SOFTWARE, PRODUCTS, OR SERVICES CONTAINED WITHIN THE APPLICATION FOR ANY PURPOSE. ALL SUCH SOFTWARE, PRODUCTS OR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. RE FORMSNET LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE APPLICATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

 

YOU SPECIFICALLY AGREE THAT RE FORMSNET LLC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TransactionS ENTERED INTO THE APPLICATION.

 

IN NO EVENT SHALL RE FORMSNET LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE APPLICATION, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RE FORMSNET LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the APPLICATION, you agree that you will not use the APPLICATION for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the APPLICATION in any manner that could damage, disable, overburden, or impair any RE FormsNet server(s), or the network(s) connected to any RE FormsNet server(s), or interfere with any other party's use of the APPLICATION. You may not attempt to gain unauthorized access to the APPLICATION, other accounts, computer systems or networks connected to any RE FormsNet server(s), through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the APPLICATION. By way of example, and not as a complete list, you agree that when using the APPLICATION, you will not:

  • Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Create a false identity for the purpose of misleading others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Violate any code of conduct or other guidelines which may be applicable.
  • Violate any applicable laws or regulations.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Application or other user or usage information or any portion thereof.
  • Use the Application or the RE FormsNet server(s) in connection with surveys, contests, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

 

PROHIBITION ON ALTERING THE CONTENT OF THE FORMS

You may not alter, modify, add, delete or tamper with the content of the standard forms made available to you by way of the APPLICATION. Said alterations violate the terms of this Agreement. You agree to indemnify, defend and hold harmless RE FormsNet from and against any and all judgments, liabilities, claims, losses damages costs or expenses (including attorneys' fees) arising out of a violation of this section.

 

PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY

You may not reverse engineer, decompile, or disassemble the APPLICATION.

 

PROHIBITION ON EXPORT OR RE-EXPORT

You agree that you will not export or re-export the APPLICATION to any country, person, entity or end user subject to U.S.A. export restrictions.

 

TRANSFER

You may permanently transfer all of your rights under this AGREEMENT, provided the recipient agrees to the terms of this AGREEMENT.

 

COMPLIANCE WITH APPLICABLE LAWS

You must comply with all applicable laws regarding use of the APPLICATION.

 

GOVERNING LAW, JURISDICTION AND VENUE

This AGREEMENT is governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the use of the APPLICATION.

 

GENERAL

Use of the APPLICATION is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RE FormsNet as a result of this AGREEMENT or use of the APPLICATION. You agree to indemnify and hold RE FormsNet, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the APPLICATION. If any part of this AGREEMENT is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the AGREEMENT shall continue in effect. Unless otherwise specified herein, this AGREEMENT constitutes the entire agreement between the user and RE FormsNet with respect to the APPLICATION and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RE FormsNet with respect to the APPLICATION. The APPLICATION contains software which generates typeface designs. You may not separate the font software from the APPLICATION.

 

COPYRIGHTS AND TRADEMARKS

COPYRIGHT NOTICE. Copyright © 2002 RE FormsNet LLC, 18025 15 Mile Road, Clinton Township, Michigan 48035 U.S.A. All rights reserved.


The ZipForm® Online Web Application is owned by RE FormsNet and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You may not remove or alter any copyright notices on the APPLICATION. All title, including but not limited to copyrights, in and to the APPLICATION and any copies thereof are owned by RE FormsNet or its suppliers.

 

TRADEMARKS. ZipForm® Online, ZipForm® for Palm OS®, ZipForm® and/or other RE FormsNet products referenced herein are registered trademarks or trademarks of RE FormsNet LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

 

All trademarks displayed on this site are subject to the U.S. trademark rights of RE FormsNet. These trademarks include, but are not limited to, product brand names, logos and emblems. The unauthorized use of any trademark displayed on this site is strictly prohibited.

 

All rights not expressly granted are reserved by RE FormsNet.

 

Please send your questions and comments to the appropriate contact as listed below:

 
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