Terms and Conditions of Service

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (THE "TERMS") BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF AND AGREEMENT TO THE TERMS. From time to time, the owner of this Web site, Desert Document Services^®, Inc. (hereinafter referred to as the “Owner”), may modify the TERMS. Accordingly, please continue to review the TERMS whenever accessing or using this site.

Your use of this site, or any service on this site, after the posting of modifications to the TERMS will constitute YOUR ACCEPTANCE OF AND AGREEMENT TO THE TERMS, as modified. If, at any time, you do not wish to accept the TERMS, you may not use the site. Any terms and conditions proposed by you that are in addition to or that conflict with the TERMS are expressly rejected by the Owner and shall be of no force or effect.

1. User Assent to TERMS. You represent that you have read and agree to be bound by the TERMS for www.desertdocs.com. You further agree: (a) to comply with United States law regarding the transmission of any data obtained from the Service (as defined below) in accordance with the TERMS, (b) not to use the Service for illegal purposes, and (c) not to interfere or disrupt networks connected to the Service.

2. Intellectual Property. This Web site, including but not limited to text, content, photographs, video, audio and graphics (collectively, the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the United States and other countries. The Service is also protected as a collective work or compilation under United States copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.

3. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the TERMS. You agree to use the Service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity (except as may be expressly permitted by the Owner). You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of the Owner. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by the Owner and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and that the Service constitutes valuable intellectual property and trade secrets of the Owner and such others. You agree to protect the proprietary rights of the Owner and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by the Owner or its suppliers of content, equipment or otherwise (collectively, "Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify the Owner in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.

4. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF THE OWNER’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF THE OWNER. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND, NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF THE OWNER’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH THE OWNER’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF THE OWNER’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE, INCLUDING THE LINKING AND FRAMING POLICY.

5. License. You acquire absolutely no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with the TERMS and/or in accordance with any license agreement entered into by you and the Owner, as set forth on this website (any such license agreement is hereafter individually and collectively called the "License"). Should you choose to download content from the Service, you must do so in accordance with the TERMS and any License. Such content is licensed to you by the Owner ONLY in accordance with the TERMS and any such License, and does not transfer any other rights to you. In the event of any conflict between the TERMS and the provisions of any current License, the provisions of such License shall control; provided, however, that whenever possible, the TERMS and the provisions of any License shall be interpreted to be consistent.

6. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (collectively, the "Intellectual Property Rights") shall, as between you and the Owner, at all times be and remain the sole and exclusive property of the Owner. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to the Owner for its exclusive use. Except as specifically permitted by the TERMS and/or any License, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein and/or in any License, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of the Owner or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without the Owner’s prior written approval.

7. Fees and Payments. The Owner reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time the Owner requires a fee for portions of the Service or the Service as a whole, the Owner will require you to register and create an account. In no event will you be charged for access to portions of the Service or to the Service as a whole unless the Owner obtains your prior agreement to pay such charges (which agreement may be made by your indicating your consent by "clicking" on the appropriate box on this website, or as may be otherwise provided in any license agreement). You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by the Owner or by any other vendor or service provider. All fees and charges shall be billed to you and you solely shall be responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and/or to the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"). You shall therefore pay any Prepaid Fee, and all taxes and other fees related thereto, in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless the Owner receives all fees and charges payable by you, including the Prepaid Fee.

8. Registration and Account Creation. As part of the registration and account creation process necessary to obtain access to portions of the Service that require a fee or payment, you will select a subscriber identification ID and a password. You will provide the Owner with certain registration information, all of which must be accurate and updated. You shall not (a) select a subscriber ID already used by another person; (b) use a subscriber ID in which another person has rights without such person's authorization; or (c) use a subscriber ID or password that the Owner, in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify the Owner at support@desertdocs.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are solely responsible for all usage or activity on your DesertDocs^® software account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in the Owner’s sole discretion, and the Owner may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to support@desertdocs.com. You are responsible for all charges incurred up to the time the account is terminated.

9. Disclaimer and Limitation of Liability. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods and/or advertisements (collectively, the "Items") are provided "AS IS" and that the Owner makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use, except as may be expressly set forth in a license agreement. The Owner does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses," and the Owner is not liable for any damage you may suffer as a result of such destructive features. You agree that the Owner, its Suppliers and its third-party agents shall have no responsibility or liability (except as may be otherwise expressly set forth in a License) for: (a) any injury or damages, whether caused by the negligence of the Owner, its employees, subcontractors, agents, or Suppliers, or otherwise arising in connection with the Service, (b) any lost profits, losses, punitive, incidental or consequential damages or any claim against the Owner by any other party, or (c) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other websites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by the Owner. Therefore you understand and agree that the Owner is not responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, the Service. The Owner does not (i) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (ii) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the Service or (iii) make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to the Service. The Owner is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that the Owner and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TERMS.

10. Further Disclaimer and Limitation of Liability. You acknowledge that (a) the Service is provided for information purposes only, (b) the Owner does not guarantee the sequence, accuracy, completeness or timeliness of the Service and (c) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which the Owner is a party. Accordingly, anything to the contrary herein set forth notwithstanding (but subject to the terms of any current license agreement), the Owner, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for (i) any inaccuracies or errors in or omissions from the Service (including, without limitation, any delays, errors or interruptions in the transmission or delivery of the Service) or (ii) any loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE OWNER, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OWNER HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall the Owner’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this website and/or for using the Service.

11. Representations and Warranties. You represent, warrant and covenant (as applicable) that: (a) you have the power and authority to enter into this agreement, (b) you are at least eighteen (18) years old, (c) you shall not use any rights granted hereunder for any unlawful purpose, and (d) you shall use the Service as set forth in these TERMS.

12. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless the Owner and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against the Owner, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against the Owner, its employees, representatives, Suppliers and agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to (a) your use of the Service (and/or the use of the Service by anyone else using your computer), (b) your use of your account (and/or the use of your account by anyone else), (c) a violation of the TERMS by you or anyone using your computer (or account, where applicable), (d) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party, (e) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable), (f) any misrepresentation or breach of representation or warranty made by you contained herein or (g) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

13. Termination. Either you or the Owner may terminate the TERMS with or without cause at any time and effective immediately. You may terminate the TERMS by discontinuing use of the Service and destroying all materials obtained from the Service. These TERMS will terminate immediately without notice from the Owner if you, in the Owner’s sole discretion, fail to comply with any provision of these TERMS. Upon termination by you or upon notice of termination by the Owner, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections two through twelve (2-12) and fourteen through twenty (14-20) hereof shall survive any termination of the TERMS.

14. Governing Law. These TERMS shall be governed by and construed in accordance with the laws of the United States and the State of Arizona, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Maricopa County in the State of Arizona with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TERMS.

15. Access Outside the United States. The Owner does not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with all applicable foreign and local laws. Software from the Service is further subject to United States export controls and may not be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, controlled by or a national or resident of any such country or on any such list.

16. Miscellaneous. You accept that the Owner has the sole discretionary right to change the content or technical specifications of any aspect of the Service and that the Owner may exercise this right at any time. You further accept that such changes may result in your being unable to access the Service.

17. Headings. The section titles in the TERMS are used solely for the convenience of you and the Owner and have no legal or contractual significance.

18. Severability. If any provision of the TERMS is found invalid or unenforceable, then that provision will be enforced to the maximum extent permissible, and the other provisions of these TERMS will remain in force.

19. Entire Agreement. The TERMS and any other terms and conditions of service (including, without limitation, the terms of any current license agreement), and its successor, are the entire agreement between you and the Owner. You may or may not have other contractual agreements with the Owner.

20. Correspondence. All correspondence intended for the Owner shall be in writing and must be provided either personally, by fax and telephonically confirmed, by electronic mail and telephonically confirmed, or sent by either U.S. Mail as registered or certified mail (return receipt requested) or by commercial overnight courier to: 2175 West 14th Street, Suite 108, Tempe, AZ 85281.