DocPager Terms of Service
Last revised: March 8, 2020
PLEASE READ THESE TERMS CAREFULLY, THEY CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND HANGAR C117, LLC ("HANGAR C117") FOR THE USE OF THIS WEBSITE (THE "WEBSITE") AND SUPPORTING WEB-BASED SERVICES ("SERVICES"). YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT BY USING THE WEBSITE OR SERVICES.
HANGAR C117 RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AND CONDITIONS OF THIS EULA AT ANY TIME BY POSTING THE CHANGES ON THE WEBSITE (WWW.DOCPAGER.COM). YOU SHOULD REVIEW THE TERMS AND CONDITIONS FREQUENTLY TO REMAIN ADVISED OF ANY CHANGES OR MODIFICATIONS. YOUR USE OF THE WEBSITE AND SERVICES FOLLOWING THE DATE OF ANY CHANGES OR MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AS REVISED. IF YOU DO NOT AGREE TO THE REVISED TERMS AND CONDITIONS, THEN YOU MUST STOP USING THIS WEBSITE AND SERVICES.
1. OWNERSHIP.
This Website and Services contain the valuable proprietary content of Hangar C117 and is protected by copyright and other intellectual property laws and treaties. Hangar C117 and its licensors retain all rights, title, and interest in the copyrights, patents, trade secrets, trademarks, and other intellectual property rights pertaining to this Website and Services. Use of these Services is licensed, not sold, to You, and You agree not to use this Website and Services except in its intended manner in accordance with these terms.
2. USE AND RESTRICTIONS.
Full functionality of the Website requires a creation of an account. Currently accounts can be created free of charge, however, Hangar C117 at its discretion may change account pricing and terms at any time.
3. TERMINATION.
Hangar C117 reserves the right, without notice and in its sole discretion, to terminate Your license to use the Services, terminate accounts, and block or prevent future access to and use of the Service. Your license to use the Website and Services will automatically terminate if You fail to comply with any of these terms.
4. WARRANTY DISCLAIMER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. HANGAR C117 CANNOT AND DOES NOT WARRANT THE SERVICE FOR ACCURACY, RELIABILITY, SAFETY OR FITNESS FOR YOUR PARTICULAR PURPOSES.
HANGAR C117 DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERRORāFREE, OR THAT DEFECTS IN THIS WEBSITE OR SERVICES WILL BE CORRECTED. HANGAR C117 SHALL NOT BE LIABLE FOR ANY FAILURE OR INTERRUPTION OF THE SERVICES.
YOU FURTHER ACKNOWLEDGE THAT THIS WEBSITE AND SERVICES ARE NOT INTENDED FOR OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THIS WEBSITE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF COMMUNICATION OR WEAPONS SYSTEMS.
5. LIMITATION ON LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HANGAR C117 BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THIS APPLICATION OR SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE) AND EVEN IF HANGAR C117 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL HANGAR C117'S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THIS WEBSITE EXCEED THE COST OF THE LAST SUBSCRIPTION PAYMENT, IF ANY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If an arbitration panel or a court of competent jurisdiction determines that relevant laws in force may imply warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limit on Hangar C117's liability set forth in this Section shall apply to the fullest extent permitted by law. If Hangar C117 cannot exclude or limit a warranty or liability implied by law, this Agreement shall be read and construed subject to such provisions of law.
6. INDEMNIFICATION.
You shall defend, indemnify and hold harmless Hangar C117 and its respective members and employees from and against all claims and liabilities (including claims by third parties), and costs and expenses (including attorneys' fees), incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including Your employees, or for loss of or damage to any property arising out of or in any way relating to Your utilization of the Website or Service provided hereunder, whether or not arising in tort or occasioned by the negligence of Hangar C117. Your obligations under this indemnity will survive the termination of these terms.
7. EXPORT COMPLIANCE.
You are responsible for Your compliance with any applicable export control restrictions, laws and regulations as may be modified from time to time, imposed by the governments of the U.S., Canada, and, if applicable, other countries. Each party shall, at its sole cost and expense, obtain and maintain in effect all permits, licenses and other consents necessary to conduct its respective activities hereunder. Nothing in this clause releases You from any obligation stated elsewhere in these terms not to disclose such Application.
8. ENTIRE AGREEMENT.
These terms contain the entire understanding of the parties hereto relating to the subject matter hereof. No waiver or modification of any of the terms hereof by You shall be valid unless in writing and agreed to by both DocPager and You. No waiver of any breach shall be deemed a waiver of any subsequent breach. If any provision of these terms is held to be invalid or unenforceable, the remaining provisions shall not be affected.
9. GOVERNING LAW.
These terms will be interpreted under and governed by the laws of the State of Texas, U.S.A.
10. USE OF SERVICES.
UNDER NO CIRCUMSTANCES MAY YOU ENGAGE IN ANY ACTIVITY THAT INTERFERES WITH OR DISRUPTS THE SERVICES.
YOU SHALL NOT ACCESS (OR ATTEMPT TO ACCESS) ANY SERVICES BY ANY MEANS OTHER THAN THROUGH THE INTERFACE THAT IS PROVIDED BY HANGAR C117, UNLESS YOU HAVE BEEN SPECIFICALLY ALLOWED TO DO SO IN A SEPARATE AGREEMENT WITH HANGAR C117. YOU SPECIFICALLY AGREE NOT TO ACCESS (OR ATTEMPT TO ACCESS) ANY OF THE SERVICES THROUGH ANY AUTOMATED MEANS (INCLUDING USE OF SCRIPTS OR WEB CRAWLERS) AND SHALL ENSURE THAT YOU COMPLY WITH THE INSTRUCTIONS SET OUT IN ANY ROBOTS.TXT FILE PRESENT ON THE SERVICES.