What Information We Collect & Why
Certain personal information (“Personally Identifiable Information”) is collected to provide You with Our services. Personally Identifiable Information may include, but is not limited to: (i) “Contact Data” (such as Your name, address, city, state, zip code, phone number, and email address); (ii) “Financial Data” (such as Your credit card number, expiration date, and verification code); (iii) “Demographic Data” (such as Your zip code and sex); and (iv) other “Legal Data” (such as Your social security number, mortgage information, automobile information, marital information, trade secrets, inventions, and idea submissions and other sensitive information necessary to generate legal documents).Not all requested information is mandatory and We will only obtain the information required to provide Our services. Your information will be stored in a secure database.
Traffic Data. We may use internal and third-party methods to recognize visitor data like IP addresses and browser settings (“Visitor Data”). Our internal servers and software may automatically recognize Visitor Data. Our site may use Visitor Data to compile traffic data about the types of visitors who use the Site at specific intervals (“Traffic Data”).
We may use Traffic Data to analyze Site traffic, but this information is not examined for Personally Identifiable Information. We may also use Traffic Data to diagnose problems with Our server, administer Our Site, or display content according to Your preferences. Visitor Data and Traffic Data may also be shared with business partners, affiliates, or advertisers on an aggregated and anonymous basis.
How We Collect Your Information
What We Do With Your Information
We, sometimes with the assistance of a third party or DocuVital subsidiary, may use Your Personally Identifiable Information to process Your payment through merchant account services, to generate the products and services You order, and to analyze Our customer demographics. Your Contact Data may be used to follow up with You on transactions You initiate through Our Services, respond to inquiries made through Our Services, inform You of changes to Our Services, and send You additional information and promotional materials about Us and Our products and services. Unless specifically authorized by You, We do not provide Personally Identifiable Information to third parties for marketing purposes. Notwithstanding, if We are required to disclose personal information by any legal or regulatory authority, We will furnish the information that We, in good faith, believe is consistent with the scope of such demand or subpoena.
Contact Data and Traffic Data are used to gather general statistics about Our customers and visitors. We may use Demographic Data to generate collective information about Our users, but not in a way that identifies any user specifically. For example, We may inform third parties about the number of registered users and unique visitors, and the pages most frequently browsed.
We may share Your Personally Identifiable Information with companies that provide support services to Us or that help Us market Our Services. These companies may need information about You in order to perform their functions. These companies are not authorized to use the information We share with them for any other purpose.
If You do not wish to receive promotional materials from Us, You may unsubscribe from Our mailing list on any materials We send. Generally, You may not opt-out of service-related communications, which are not promotional. If You do not wish to receive service-related communications, You may terminate Your account.
Our Site may include interactive forums, such as social media, message boards and chat rooms. Any Personally Identifiable Information disclosed in these areas is public and becomes public information. You should use caution when deciding whether to disclose Your personal information in these forums.
We may share Personally Identifiable Information and other data with businesses controlling, controlled by, or under common control with DocuVital. If DocuVital is merged, acquired, or sold, or if some or all of Our assets or equity are transferred, We may disclose or transfer Personally Identifiable Information and other data in connection with the associated transactions.
Terms and Conditions
Welcome to DocuVital, LLC. We (“We” “Us” “Our”) provide Our services to you (“You,” “Your”) through various websites (“Site”, includingwww.docuvital.com) and its related applications and services (collectively, the “Service(s)” which terms includes any new features, services and applications offered by Us from time to time), subject to the following Terms & Conditions (as amended from time to time, the “Agreement”).
DocuVital does NOT provide any legal advice and users of this service should consult with their own attorney for legal advice. DocuVital is not a law firm, and the employees of DocuVital are not acting as Your attorney. The information and tools provided through DocuVital are general in nature and should not be construed as legal advice.
We reserve the right, at Our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. You should periodically visit this page to review the current Agreement so You are aware of any revision to which You are bound. If We make any changes, We will post the changes to this Agreement on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services after any such changes constitutes Your acceptance of the new Agreement. It is Your responsibility to regularly check the Service to determine if there have been changes to this Agreement and to review such changes.
USE OF THE SERVICE. By registering for the Service You certify that You are at least 18 years of age. You agree that the information You provide during the registration process, and the information You provide from time to time while using the Service, will be true, accurate, and current. You agree not to: use the Service in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service; harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; interfere with or disrupt the Service or servers or networks connected to the Service; violate any terms which may be applicable for any particular area of the Service; violate any applicable local, state, national or international law, or any regulations having the force of law; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service. We will provide You with a browser interface, data encryption, access and storage, and any services that are included now or in the future.
USER ACCOUNT and PROCESS. Our Service provides You and those persons You have identified access Your information contained in Your account. This information will only be released to another person upon receipt of a valid copy of the account holder’s death certificate. We will then provide access to Your account to those persons that You identified should have access. If You choose to share Your login information with any person before Your death You do so at Your own risk.
SERVICE FEES. The Service may be subject to fees (as designated by Us at Our website – www.docuvital.com). In such event, You shall pay all applicable fees, as described on the website. All fees are in U.S. dollars unless stated otherwise on the website. All fees are payable upon demand on a Visa, MasterCard, or American Express credit card (or by such other method as authorized by Us in writing). We reserve the right to change Our fees (and to institute new charges) for the Service at any time.
In the event We offer You a free trial of the Service, such free trial shall only be available if You are a first time customer of the Service. You must have internet access and a valid credit card or debit card to take advantage of a free trial offer. We will begin billing You for monthly or annual subscription fees corresponding to Your subscription plan plus any applicable tax at the end of Your free trial membership period unless You cancel prior to the end of Your free trial. You hereby authorize Us (or Our third-party provider) to verify Your credit/debit card by running pre-authorization hold transactions against such credit/debit card.
MEMBERSHIP TERM. Unless terminated earlier pursuant to the terms and conditions of this Agreement, Your Service membership will continue for the period of time specified on Our website. As specified on the website, Your membership subscription may be subject to automatic renewal. We may, in Our sole discretion, terminate this Agreement (or suspend, terminate, or otherwise restrict Your use of, and access to, the Service) at any time, without notice.
TRADEMARK RIGHTS AND INTELLECTUAL PROPERTY. Our product and service names referenced in this website, including, without limitation, DocuVital and the DocuVital Logo are trademarks or registered trademarks of DocuVital, LLC Inc. (“Marks”) in the United States and/or in other countries or are pending. Your use of Our Marks is governed by the DocuVital, LLC’s trademark usage requirements. Other products and company names mentioned on the website may be the trademarks of their respective owners.
COPYRIGHT NOTICE. Copyright Notice: Copyright (c) 2011 DocuVital, LLC. All Rights Reserved. Except as otherwise provided, We own all content contained in this website, including, without limitation, the information, materials, text, graphics, website design, and the selection, assembly, and arrangement thereof (“Content ”). The Content is protected by copyright and other laws of the U.S. and other countries and may not be used for any commercial purpose or copied, distributed, displayed, modified, reproduced, performed, published, posted, or reverse engineered in whole or in part without the prior written permission of DocuVital, LLC. For more information regarding Our copyright policies please email email@example.com.
DISCLAIMER OF WARRANTY. DOCUVITAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. WE EXPRESSLY DO NOT WARRANTY THAT THE SERVICE WILL NOT BE INTERRUPTED OR ERROR FREE OR SECURE. THE SERVICE IS PROVIDED “AS-IS”. THIS ‘WARRANTY DISCLAIMER’ SECTION INCLUDES, WITHOUT LIMITATION, ALL THIRD PARTY SOFTWARE PROVIDERS) AND HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL WE OR OUR REPRESENTATIVES, SUPPLIERS, LICENSORS (WHICH FOR PURPOSES OF THIS ‘WARRANTY DISCLAIMER’ SECTION INCLUDES, WITHOUT LIMITATION, ALL THIRD PARTY SOFTWARE PROVIDERS), OR ANY THIRD-PARTY LINKED THROUGH THIS AGREEMENT OR THE SITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM USE OF THE SERVICE. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN OUR LIMITED WARRANTY, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL WE OR OUR REPRESENTATIVES, SUPPLIERS, LICENSORS, OR ANY THIRD-PARTY LINKED THROUGH THIS AGREEMENT OR THE SITE BE LIABLE FOR ANY AMOUNT IN EXCESS, IN THE AGGREGATE OF THE MEMBERSHIP FEES PAID BY FOR USE OF THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY. You shall indemnify and hold harmless DocuVital and its officers, directors, employees, agents, licensors, suppliers, representatives, and any other third-party provider of information or services available through the Service or otherwise available from Us from and against all claims, liabilities, damages, and expenses, including, without limitation, reasonable attorneys’ fees and expenses, resulting from Your use of the Service, any other products or services available from or through Us or any violation of this Agreement by You.
TRANSFERABILITY and ASSIGNMENT. This Agreement is personal to You, and is applicable to Your account with Us, and may not be assigned or transferred and any action or conduct in violation of the foregoing shall be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder without Your consent.
INAPPROPRIATE CONTENT. When accessing the Site or using Our Services, You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate or delete such material from its servers. We will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.
GOVERNING LAW; ARBITRATION. This Agreement shall be governed by and construed under Florida law, without regard to its choice of law principles. Client agrees that any dispute between or among the parties to this agreement shall first be submitted to mediation before a certified mediator with venue exclusively in Broward County, Florida. If not resolved then the dispute shall be submitted to binding arbitration in Broward County, Florida, and conducted in accordance with the rules of the American Arbitration Association. Judgment upon any award may be entered in any court having jurisdiction. The laws of the State of Florida will govern this agreement without regard to conflict of laws and any litigation that may ensue will be exclusively in the venue of Broward County, Florida, irrespective of place of residence or domicile.
Both You and We agree that any dispute, controversy, or claim arising out of, or relating to, any interpretation, construction, performance, or breach of this Agreement or the Service shall be settled by confidential arbitration to be held in Ft. Lauderdale, Florida, in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. The decision of the arbitrator will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any state or federal court in Florida. Although the cost of the arbitrator will be borne by Us, all other expenses of arbitration will be paid by the party who incurred them. In addition to, and separate and apart from, the above agreement to arbitrate any dispute, controversy, or claim arising out of, or relating to, any interpretation, construction, performance, or breach of this Agreement or the Service, You also agree that You will not participate in any way in any class action in connection with any such dispute, controversy, or claim, either as a class representative plaintiff or as a member of a putative class.