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Terms of Service

FINANCIAL ESSENTIALS TERMS OF SERVICE AGREEMENT

Welcome to Financial Essentials (the “Software”), a Coda “Pack” provided by DocPlus, a sole proprietorship of Todd G. Olson ("DocPlus," "we," or "our"). The Software is offered through the online software platform known as “Coda,” available at the web address coda.io, and operated by Coda Project, Inc. (“Coda”).
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. Electronic Agreement.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Software. It is available from a link on the Software’s listing on Coda’s website (the “Software Listing”) on the World Wide Web (the “web”). By using the Software, you agree to be bound by these Terms of Service (this "Agreement"), whether or not you paid to use the Software. If you wish to use the Software, please read this Agreement. If you object to anything in this Agreement, do not use the Software. This Agreement is subject to change by DocPlus at any time, effective upon posting of a revised version on the Software Listing. Your continued use of the Software following DocPlus’ posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement. You may print a copy of the current version of this Agreement for your records, but the version linked from the Software Listing on the web is the version that is in effect at any given time.
2. Eligibility.
By using the Software, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Commercial Use of Software.
If you are using and/or accessing the Software on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to these Terms of Service;
b. You have read and understand these Terms of Service; and
c. You agree to these Terms of Service on behalf of the Subscribing Entity.
4. Your Use of the Software
a. You must not copy or capture, or attempt to copy or capture, any content from the Software or any part of the Software (the “Content”), unless given express permission by DocPlus.
b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute, or otherwise use or exploit any Content on or from the Software, except (i) where such Content is created and uploaded by you (“Your Content”), or (ii) as permitted under these Terms of Service.
5. Term.
This Agreement will remain in full force and effect while you use the Software.
6. Charges for the Software.
If there is a charge for the Software, you will be charged through your Coda account. Payments are made to Coda, and Coda operates and controls the billing system without any involvement of or responsibility on behalf of DocPlus. Any questions, requests, or disputes with respect to billing must be addressed to Coda.
7. Modifications to Software.
DocPlus reserves the right at any time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. You agree that DocPlus shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Software.
8. Limitation of Liability.
In no event shall DocPlus be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Software or the use thereof. Nothing contained in this Software or in any written or oral communications from DocPlus or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Software and the services provided by employees of the Software are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. DocPlus makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Software’s content or that the functionality of the Software will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of this Software is at your sole risk. UNDER NO CIRCUMSTANCES SHALL DOCPLUS, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SOFTWARE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SOFTWARE, EVEN IF DOCPLUS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL DOCPLUS HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA (INCLUDING WITHOUT LIMITATION DUE TO A SECURITY BREACH OR FAILURE), LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF DOCPLUS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of DocPlus and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement or the Software shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the user to Coda for the Software during the six months prior to notice to DocPlus of the dispute for which the remedy is sought.
9. Indemnity by You.
You agree to indemnify and hold DocPlus, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
a. Your use of the Software in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
b. Any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Software, and/or your making available thereof to other users of the Software, and/or the actual use of Your Content by other users of the Software or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content.
10. Attorney Fees.
In the event that DocPlus is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for DocPlus’ attorneys' fees and costs.
11. Jurisdiction and Choice of Law; Dispute Resolution.
If there is any dispute arising out of the Software, by using the Software you expressly agree that any such dispute shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of North Carolina, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of North Carolina with the same force and effect as if such service had been made within the State of North Carolina. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
12. No Class Action.
Except where prohibited by law, as a condition of using the Software, you agree that any and all disputes, claims and causes of action arising out of or connected with the Software shall be resolved individually, without resort to any form of class action, in the courts of the State of North Carolina, County of Mecklenburg, or in the U.S. District Court for the Western District of North Carolina.
13. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
14. Availability Outside the U.S.
If you access the Software from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction
15. Entire Agreement
This Agreement contains the entire agreement between you and DocPlus regarding the use of the Software.
16. Severability; Waiver
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, DocPlus’ failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect DocPlus’ ability to enforce such term at any point in the future.
17. Headings
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement. The name DocPlus is a trademark of DocPlus.
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