The term “Service” refers to the website DigitalOffice.Net, whose intended use is to provide software tools for managing information.
The term “Subscriber” refers to the individual or entity that provided registration information and purchased use of Services.
The term “User” refers to individuals or entities, whose user-accounts were defined by the Subscriber, and are granted access to Subscriber’s data.
The term “You” or “Your” refers to the Subscriber and all Users.
The term “We” or “Us” refers to Digital Office, its owners, administrators, affiliates, and/or assignees.
See “Index” for the definition of other terms, including but not limited to, “Account,” “Support,” “Login,” “Password,” etc.
If You do not agree with the terms of this Agreement, exit the website immediately and do not make any other use of the Services.
The Services, software, down-loads, trademarks, graphics, documentation, and any other content contained within Digital Office is the sole property of Digital Office and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
All data entered by You via the Service, belongs to the Subscriber. We claim no intellectual property rights over the material that You enter. Although We own the programs, databases, and all rights to the Digital Office application, you retain all rights to your data.
Account and User Names
As part of the registration process, you will select an Account and/or User name. Although we will make every effort to assign you the names that you select, We reserve the right, at our sole discretion, to reject any of your choices. Reasons may include, but are not limited to, (1) a name has been previously assigned to another user, or (2) we deem a name to be offensive, or (3) you select or use a name of another person with the intent to impersonate that person, or (4) use a name which another person has rights, without such person’s authorization.
Logins and Passwords
A login and password is required for every User account. The Subscriber is responsible for creating and maintaining all User logins and passwords.
The length and format of the Login and Passwords are determined by Digital Office using generally accepted industry standards.
You are entirely responsible for maintaining the confidentially of Your logins and passwords.
Digital Office, in its sole discretion, may terminate, cancel, suspend, limit, discontinue, and/or deactivate (temporarily or permanently) all or any part of the Services.
The Subscriber may cancel at any time by going to the “Quit” option on the “Subscribe” page.
Termination of the Service, by either party, for any reason, will result in the deactivation and/or deletion of your Account and/or access to your Account, and the forfeiture and relinquishment of all Content in your Account.
All of your Content will be immediately deleted from the Service upon termination. This Content cannot be recovered once your Account is terminated.
You may use Down-Load options provided by the Service to copy your Content to other options before Termination and deletion of your Account.
Payment and Refunds
The Service is billed in advance on a monthly basis and is non-refundable.
You must have a valid credit card on-file at the time of recurring billing, or make arrangements to pay in advance via wire transfer or other payment method that is deemed acceptable by Digital Office.
If, in the sole discretion of Digital Office, your payment is not (1) received in full; (2) via an acceptable method; and (3) in a timely manner, then your Account is subject to Termination.
There will be no refunds for partial months, or downgrades.
To use the Services, You must obtain and pay any fees for access to the World Wide Web and provide all equipment necessary to make such connection.
Prices of all Services are subject to change upon thirty (30) day notice from Us. Notification of price increases will be posted on the Website, and/or mailed to the email address on-file for the Subscriber.
File Storage Limitations
Storage space is currently provided in accordance with the Price List in effect at the time, as updated from time to time. It may be impossible to store some data due to space constraints. You agree that We are not responsible or liable for any insufficient storage capacity or the deletion or failure to store data.
If your bandwidth exceeds 500MB per month, or your usage significantly exceeds that of the average User (as determined solely by Digital Office), We reserve the right to immediately disable, or throttle, your Account until you can reduce your bandwidth consumption.
SUBSCRIBER UNDERSTAND AND AGREE THAT THE SERVICES, AND ANY ASSOCIATED SOFTWARE, ARE PROVIDED “AS IS” AND “AS AVAILABLE. Digital Office EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Digital Office MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, THE SITE, OR THAT THE SERVICES WILL MEET ANY SUBSCRIBING ORGANIZATION OR MEMBER REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES AND THE SITE ARE AT THE SUBSCRIBING ORGANIZATION’S AND/OR MEMBER’S SOLE RISK. THE SUBSCRIBING ORGANIZATION AND ITS MEMBERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE SUBSCRIBING ORGANIZATION, THE MEMBER, THE SITE, AND ANY LINKED SITES RESULTING FROM THE USE OF SUCH SERVICES OR WEBSITE. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to either the Subscribing Organization or the Member. In that event, such warranties are limited to the minimum warranty scope and period allowed by applicable law.
Limitations Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Digital Office, ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, SPONSORS, PARTNERS, SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, OR ANY OTHER PECUNIARY LOSS) INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF, OR RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, THE SITE, OR ASSOCIATED SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF Digital Office HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, *Digital Office*’s MAXIMUM CUMULATIVE LIABILITY AND THE SUBSCRIBING ORGANIZATION’S AND ITS MEMBERS’ EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE SUBSCRIBING ORGANIZATION FOR THE SUBSCRIPTION SERVICES (EXCLUDING ANY PER USE OR PROFESSIONAL SERVICE FEES) IN THE PREVIOUS 12 MONTHS EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Because some states and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation may not apply to either the Subscribing Organization or its Members.
The Subscriber agrees, to the extent allowed under federal law, to indemnify and hold Digital Office, or its parents, subsidiaries, affiliates, officers, employees, sponsors and partners harmless from any claim, loss, cost, expense, demand, or damage, including reasonable attorneys’ fees, arising directly or indirectly out of (a) the Subscriber’s use of or connection to the Services, (b) information transmitted or stored by the Subscriber through the Service, (c) activities in connection therewith, or (d) the Subscriber’s breach of this Agreement or violation of the rights of any other party.
Neither party may assign or delegate their respective obligations under this Agreement either in whole or in part, without the prior written consent of the other party.
Any legal action against Digital Office or its Subscribers or Affiliates will be governed under the laws of Orange County, Florida, and are to be brought in the Courts of Orange County, Florida, and are to be construed under the laws of that jurisdiction.
The waiver of any one breach, default or right granted under this Agreement will not constitute the waiver of any subsequent breach, default or right granted. Any provision of this Agreement held to be illegal or unenforceable will be deemed amended to conform to applicable laws or regulations, or if it cannot be so amended without materially altering the intention of the parties, it will be stricken and the remainder of this Agreement will continue in full force and effect.