Dated: February 22, 2018
Scope and Acceptance of Terms
Welcome to our website. Resmark Systems, Inc., which also does business under the name WaiverSign (referred to as “Resmark,” “WaiverSign,” “we,” “us, and “our”), provides the Resmark and WaiverSign websites (both website encompassed herein by the term “Site”) to you subject to the following terms of use (“Terms”). Please read these Terms carefully before obtaining any content, products or services through our Site. By visiting our Site, you agree to follow and be bound by these Terms and the terms of our privacy policy. Any other policies on the Site will also govern your visit to the Site. You also agree to use our Site in compliance with all applicable laws, rules and regulations. Please read these Terms carefully and keep a copy for your records.
Minors
This Site is not directed to children under 18 (“Minors”), and it does not offer products or services for use by Minors. Minors are specifically prohibited from using the Site and obtaining any products or services available on the Site. By visiting the Site, you represent that you are not a Minor and that you have the legal authority to enter into contracts.
Communications
By visiting our Site, you agree that we may communicate with you electronically, including by email or through notices posted on our Site. In connection with your visit to the Site, we may send you notices about our services or other information. You may opt out of those communications. You also agree that any electronic communications that we provide to you satisfy any legal requirements that such communications be in writing.
Information You Supply
You represent and warrant that all information that you submit to us, including name and email address, is true, valid and accurate, and that you have the right to give us such information.
Changes to Terms of Use
Resmark has the right to change its policies, these Terms, and the Site at any time. You are responsible for periodically checking the Terms for updates. The latest version of the Terms is available on the Site.
Intellectual Property
All information, text, icons, logos, images, graphics, software, the “Resmark” and “WaiverSign” trademarks, and other content that make up our Site are the property of Resmark, its licensors or third-party content suppliers and are protected by copyright, trademark, patent, trade secrets, unfair competition, and other U.S. and international laws. Any unauthorized use, reproduction or modification of this Site, in whole or in part, may violate such laws. Third-party content that appears on this Site is the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Resmark.
Use of Our Site and License
Unless we grant you permission in advance and in writing, you may use our Site only for your personal and non-commercial use, and you may not resell the Site (in whole or in part) or use it to provide services to a third party. You may not download (other than page caching) or modify the Site without our express written advance consent. Use of our Site may violate our intellectual property and other proprietary rights. Journalists and search engines may cite or refer to our Site URLs without limitation. In addition to the above limitations, your license to use our Site does not include using it 1) to make derivative use of the Site or its content, 2) to attempt to gain unauthorized access to the Site and our services, account information, and computer systems or networks under the control or responsibility of Resmark through hacking, cracking, password mining or any unauthorized means, 3) to employ any automated means to access or collect any information from our services (including without limitation, robots, spiders or scripts), 4) to frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages, and 5) for purposes that Resmark reasonably determines to be obscene, harassing, threatening, defamatory, fraudulent, abusive or otherwise objectionable.
Jurisdiction
We do not represent that the information on our Site is suitable or available for use in all locations. Access to our Site from a territory where the content of our Site does not comply with all laws of that territory is prohibited. Persons who choose to access our Site do so on their own accord and are responsible for compliance with applicable local laws.
Comments on Our Site
We may permit you to post comments on specific areas of our Site. To post a comment on our Site, you must create an account or use a valid email address. You acknowledge and agree that we are not responsible for any comments or content that a user posts on our Site. You also agree that we have the right, but not the obligation, to monitor user comments and we may in our sole discretion remove content that we find objectionable for any reason. We further reserve the right, in our sole discretion, to remove your privilege to post content on our site. We may remove postings that are obscene, racist, discriminatory, threatening, fraudulent, abusive, spam or self-promotion, solicitations, political, not relevant, defamatory, disclose personal information, compromise the safety or security of this Site, violate or encourage violations of the law or third party rights, or are objectionable for any other reason. Further, you bear full responsibility for your comments. We have no responsibility for your comments and their consequences. By submitting a comment on our Site, you acknowledge that you own the comment and that you will assume all responsibility for it.
Links to Our Site
We welcome third-party links to our Site. Unless we agree in writing with you otherwise, you agree to comply with our linking policy as follows: 1) any text or image-based link to our Site must contain “WaiverSign,” “digital waiver system,” or “Resmark,” whichever is applicable and any image-based link must use an image that is approved for such use by us (you may seek written permission from us to use other text and image-based links); 2) the link’s attributes may not present Resmark, including our affiliates, in a false or negative light, or provide misleading or false information about our company, the Site or our services, 3) the link’s attributes may not create the false appearance that your organization or entity is sponsored or endorsed by, affiliated with, or associated with Resmark, including our affiliates, 4) the content of our Site may not be replicated, framed or mirrored, 5) the copyright or other notices on this Site may not be removed or obscured, 6) none of our trademarks may be used, and 7) we reserve the right to require you to remove the links to our Site at any time and in our sole discretion.
Links to Third-Party Sites
For your convenience, our Site contains links to third-party websites that are not owned by or affiliated with us. These links do not constitute an endorsement of the linked websites or the products and/or services offered on those sites. We have no control over and are not responsible for the privacy practices or the content of such websites. These websites may or may not have a privacy policy. We encourage our users to contact those sites directly about their policies and privacy practices.
Disclaimer of Warranties
ALL CONTENT AND PRODUCT (INCLUDING ANY SOFTWARE) INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT. WAIVERSIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (UNLESS SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS TO THE OPERATION OF THIS SITE OR ALL CONTENT AND PRODUCT (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. WE DO NOT WARRANT THAT ANY OF THE CONTENT MADE AVAILABLE THROUGH OUR SITE IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. ALTHOUGH WE MAKE REASONABLE ATTEMPTS TO EXCLUDE VIRUSES FROM OUR SITE, WE DO NOT WARRANT THAT THE INFORMATION, PRODUCTS, SERVICES OR MATERIAL ACCESSIBLE THROUGH OUR SITE ARE FREE FROM VIRUSES, TROJAN HORSES OR OTHER HARMFUL CONTENT OR COMPONENTS. WE ALSO DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OF DAMAGED. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE YOU SUSTAIN FROM THE USE OF THE SERVICE AND ANY DAMAGES TO THIRD PARTIES RESULTING FROM YOUR USE OF THE SERVICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WAIVERSIGN BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR OTHER DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SITE OR FROM ANY CONTENT AND PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF WAIVERSIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO RECOVER SUCH DAMAGES. THE AGGREGATE LIABILITY OF WAIVERSIGN ARISING OUT OF A CLAIM RELATED TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE AGGREGATE AMOUNT OF ANY FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE ACTION OR CLAIM. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS, DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agreed to defend, hold harmless and indemnify Resmark and its officers, affiliates, subsidiaries, directors, representatives, employees, consultants, supplier, agents and successors from and against any claim, cause of action or demand, including reasonable legal and accounting fees, in any action filed or commenced by a third party arising out of or related to 1) your breach of these Terms or the documents made part of these Terms by reference, 2) your violation of any law or rights of a third party, including intellectual property rights, or 3) your use of our Site or services.
Violations
Resmark reserves the right to seek all remedies available at law and in equity for violation of these Terms, including the right to block access from a particular Internet address to our Site.
Applicable Law and Forum
These Terms are governed by the laws of the State of Utah, USA. All matters arising out of these Terms shall be resolved exclusively by the state and federal courts located in Salt Lake City, Utah. For this purpose, each party consents to personal jurisdiction in such state or federal court and waives any right to dismiss or transfer such action or proceeding because of the inconvenience of the forum. Nothing in this section shall prevent enforcement in another forum of any judgment obtained in a court identified in this paragraph.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, the remaining portions of these Terms will remain in full force and effect. Further, if possible, such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.
Our Address
Resmark
7258 Racquet Club Dr.
Salt Lake City, UT 84121
www.resmark.com and www.waiversign.com
Copyright Notices
We will promptly take down materials from the Service if properly notified that the materials infringe a third party’s copyright pursuant to the Digital Millennium Copyright Act (“DMCA”). Further, we may, as appropriate, cancel the accounts of repeat copyright infringers.
If you have a good faith belief that your copyright or other intellectual property rights have been violated, please contact our Copyright Agent with the following information:
You may submit this information or any questions related to intellectual property to Resmark’s Copyright Agent by mail or email using the following contact information:
Copyright Agent
Resmark
7258 Racquet Club Dr.
Salt Lake City, UT 84121
Email: send an email here
Fax: 801-942-8514
Phone: 801-733-5362
