Last Updated: February 26, 2015
This website, https://formtree.co and our affliate sites https://cloud.formtree.co, https://share.formtree.co, and https://api.formtree.co, (collectively referred to as the "Site" and “Sites” in these Terms of Service) is owned and operated by Formtree, LLC ("we", "us" or "Formtree, LLC"). By using and accessing our Site, you ("you", "user" or, "end user") agree to these Terms of Service (collectively, the "Terms of Service" or "Agreement").
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND, “YOU” AND “YOUR” IN THIS AGREEMENT SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY OR IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, YOU MAY NOT SIGN ON THE “I AGREE” LINE AND MAY NOT USE THE SERVICES.
If you do not agree with the terms and conditions below, do not click the “I AGREE” option, do not create an account, or use the Services. If you do not agree with these terms and conditions in full, you are not authorized to use the Services in any fashion for any purpose whatsoever.
By agreeing with the terms set forth in this document, you also consent to the aggregation of certain personal and non personal data as set forth in our Privacy Policy. You also consent to the use and distribution of said policy. That policy can be found at http://formtree.co/privacy.
By agreeing to this document, you acknowledge that you understand any use of Formtree is conducted in a paperless manner. You agree to the use of E-Signatures and digital signatures as stated below. You acknowledge that you will use Formtree in a legal and appropriate manner with no intention of defrauding us, another client, or your respective users.
You agree that any contract entered into through the Formtree, LLC system, whether it be on the behalf of Formtree, LLC, another client, or yourself, is a legally binding document, as mandated by the UETA Digital Signature laws, the E-sign act of 2000 and any other validation of for or in conjunction with the use of digital signatures.
Formtree is responsible for protecting the security of Content in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information that is stored with Formtree from unauthorized access and accidental loss or modification. Personal information collected by Formtree and its Affiliated Entities may be stored and processed in the United States at the facilities where Formtree or its Affiliated Entities maintain facilities. By using the Software or the Services Client consents to such storage locations and represents that it has or will obtain, prior to any delivery of Content to Formtree, any and all necessary consents for such storage, transfer, and for the use, disclosure and other processing of Content by Formtree and its Affiliates in accordance with this Agreement. Formtree has implemented reasonable technical and organizational measures designed to protect personal information and Your Content against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that You provide this personal information at Your own risk. We recommend that You review our Privacy Policy, which will help You understand how we collect, use, and safeguard the information that You provide to us.
You are fully responsible for the security of data on Your site or otherwise in Your possession. You agree to comply with all applicable state and federal laws and rules in connection with Your collection, security, and dissemination of any protected content or information on Your site. You agree that at all times You shall be compliant with all legal security requirements, as applicable. The steps You will need to take to comply with all legal security requirements when using Formtree will vary based on Your implementation. It is Your responsibility to comply with these standards.
Other than as required by applicable law or legal process or as otherwise agreed, Formtree shall not be responsible for retaining any of Your Content after account termination or for archiving purposes. You acknowledge that all Client Content may be deleted by Formtree after the account is terminated, subject to the terms of this Agreement and/or any termination or transition of Services Agreement the parties may enter. At your request, we may be able to ensure a safe and secure dissemination of your content and data.
The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by Formtree, LLC.
Formtree uses Balanced as its third party service provider for payment services (e.g. card acceptance, merchant settlement, and related services). By paying an invoice from Formtree you agree to be bound by Balanced’s Privacy Policy: https://www.balancedpayments.com/privacy and hereby consent and authorize Formtree and Balanced to share any information and payments instructions you provide with Third Party Service Provider(s) to the minimum extent required to complete your transactions.
Formtree, LLC reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service from time to time. Your continued use of the Site after such modifications to this Agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
Formtree, LLC shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the Site or any of our provided services with or without notice for any reason. Should a client wish to terminate.
In no event shall Formtree, LLC or its affiliates be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the Site, the content and other information obtained therein.
Indemnification. You agree to defend, indemnify, and hold harmless Formtree from and against any and all claims and liabilities (including, but not limited to, fees, costs and other reasonable expenses of attorneys and expert witnesses, but excluding any loss, liabilities, costs, damages or other expenses attributable solely to Formtree’s negligent acts/omissions or willful misconduct) made by any third party related to or arising from: (i) Your use of the Software or Services (including without limitation, any User or person accessing the Services using Your password or access key with or without Your permission), (ii) any actual or alleged violation of this Agreement or applicable law, and/or (iii) any actual or alleged infringement or violation (by You or any User or person accessing the Services using Your password or access key with or without Your permission) of any intellectual property or privacy or other right of any person or entity. Notwithstanding the foregoing Your potential indemnification liability shall exclude, to the extent permitted by applicable state, federal or international laws, any special, incidental, punitive or consequential damages to Formtree or its Affiliates other than those arising from or related to Your negligent or willful: (x) misappropriation of Content or trade secrets; (y) actual or alleged infringement of a third party’s intellectual property rights; or (z) breach of the confidentiality obligations provided.
NO LIABILITY FOR CONTENT. YOU AGREE THAT FORMTREE AND THE AFFILIATED ENTITIES WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SOFTWARE OR SERVICES, CONTENT THAT IS UPLOADED OR DOWNLOADED BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES, INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT; FURTHER, YOU AGREE THAT FORMTREE AND THE AFFILIATED ENTITIES WILL NOT BE LIABLE FOR ANY ACCESS TO OR ALTERATION OF SUCH CONTENT OR FOR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING PRIVACY, INTELLECTUAL PROPERTY, OR DATA PROTECTION RIGHTS ARISING FROM SUCH CLIENT CONTENT OR FROM THE CONDUCT OF CLIENT OR THIRD PARTIES OTHER THAN WHICH MAY BE THE RESULT OF FORMTREE’S WILLFUL ACTIONS.
Force Majeure. Formtree and its Affiliated Entities will not be liable for non-performance or delay in performance caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, acts of terrorism, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, any act of God, or any other event of a similar nature.
Governing Law.Any disputes arising out of or related to these Terms of Service and/or any use by you of the Site shall be governed by the laws of the United States, without regard to the conflicts of laws provisions therein.