IF YOU ARE USING A NETDOCUMENTS SERVICE IN THE COURSE OF YOUR WORK FOR ONE OF NETDOCUMENTS' CUSTOMER ORGANIZATIONS THAT HAS EXECUTED A SERVICE AGREEMENT WITH NETDOCUMENTS THAT IS CURRENTLY IN EFFECT, THESE EXTERNAL USER TERMS OF SERVICE DO NOT APPLY TO YOU.
References to "Customer" mean an organization party to a then-current NetDocuments Service Agreement to use the Service on a fee-paying commercial basis. External User is not a third-party beneficiary of any agreement between NetDocuments and a Customer. As a condition of using the Service, You acknowledge and agree all data, documents, and information in the Service ("Customer Data") will be treated by NetDocuments as if it belongs to, and is controlled by, the Customer. The Customer is solely responsible to inform You of its policies regarding handling of Customer Data, including obtaining consent necessary for using, transferring, and processing Customer Data in accordance with applicable laws.
- User Registration Details
- Use of the Service
External User shall:
a. Maintain the confidentiality of Your password and account and monitor activity conducted through Your account.
b. Use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service.
c. Notify Customer and NetDocuments immediately of any unauthorized use of Your account or any breach of security.
e. Ensure Customer Data is lawfully uploaded to the Service and does not violate any third-party's rights, including copyright, trademark, or other. intellectual property rights.
f. Provide, configure and maintain all hardware and user-side software necessary to use and access the Service and Internet access, and ensure the foregoing provide sufficient capacity, performance and connectivity and meet the service levels recommended by NetDocuments.
g. Maintain appropriate security, and protection of the devices accessing the Service.
h. Use the Service only for the internal business purposes of the Customer that invited You to access the Service.
i. Except as permitted by applicable laws that cannot be waived, not (i) share login credentials for the Service with any other person; (ii) transfer, copy, modify, sublicense, distribute, rent, lease, sell, convey, translate, disassemble, disable, hack, reverse engineer, decompile, frame, mirror, resell, disrupt or interfere the Service, features, functions, or performance thereof, or data or information contained therein; (iii) create derivative works from, build a product using ideas, features, functions, or graphics similar to the Service, or otherwise use the Service to compete with NetDocuments in any way; (iv) use the Service in any way that breaches the rights of any third party or violates any Law, including export control and data privacy laws; or (v) use the Service to store or transmit unlawful content.
External User agrees that NetDocuments may access or disclose information about You or Your use of the Service to: (a) provide the Service, including to provide support to a Customer; (b) as required by applicable law; and (c) protect the rights, property or security of NetDocuments, its users, or a third-party.
- Termination of the Service
External User's access and use of the Service may be terminated by NetDocuments and/or by the Customer at any time and without notice. NetDocuments does not owe any obligation to You with respect to any Customer Data You may have uploaded or otherwise transmitted to the Service.
- Intellectual Property and License Rights
The Service uses proprietary and confidential information that is protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. NetDocuments or its licensors are the sole and exclusive owners of all intellectual property (including trademarks) in the Service, and You neither have nor acquire any ownership interest, license, lease, or right to the Service except as provided herein.
- No Warranty
ALL SERVICES, INCLUDING ANY PRODUCTS, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES, ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. NETDOCUMENTS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, NETDOCUMENTS MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR RESULTS OF THE USE THEREOF WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES. YOU ACKNOWLEDGE THE SERVICES MIGHT BE SUBJECT TO OCCASIONAL DELAYS, INTERRUPTIONS, AND OTHER ISSUES INHERENT TO INTERNET SERVICES, AND THAT THE SERVICES MAY CONTAIN DEFECTS AND/OR MAY NOT OPERATE UNINTERRUPTED OR ERROR FREE.
- Limitation of Liability
The limitations in this section shall apply to the maximum extent permitted by law
- Governing Law
a. Any notices sent to You pursuant to these Terms of Service will be sent to the email address associated with Your account.
- Australian Consumer Law
b. to a refund of Subscription Fees for any unused portion of the Services occurring after the termination, or to compensation for its reduced value in accordance with Exhibit B of the applicable Service Agreement.
Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage, subject to the limitations of liability in Section 6. If the failure does not amount to a major failure Customer is entitled to have problems with the Services rectified in a reasonable time and, if this is not done, to terminate the Service Agreement and obtain a refund of Subscription Fees for any unused portion of the Services occurring after the termination. This Section 9 applies only if Customer is domiciled in Australia.
NetDocuments Software, Inc.
2500 W Executive Parkway, Suite 300
Lehi, Utah 84043
For Customers and External Users in the United Kingdom, European Economic Area, Africa, or the Middle East:
8th Floor Reading Bridge House
Reading RG1 8LS
For Customers and External Users in Australia, New Zealand, or Asia:
NetDocuments Australia Pty Limited
PO Box 1261
North Sydney NSW 2059
Last updated: January 10, 2020