PDFfiller Terms of Service
PLEASE READ CAREFULLY THIS ACCESS AND USE AGREEMENT (THIS "AGREEMENT") BEFORE ACCESSING OR OTHERWISE USING ANY OF THE SERVICES (AS DEFINED BELOW) MADE AVAILABLE THROUGH PDFfiller.COM OR ANY AFFILIATED WEBSITE (THE "SITE").
By using the PDFfiller.com web site ("Service"), service of PDFfiller, Inc. ("PDFfiller"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
By using the PDFfiller.com web site ("Service"), service of PDFfiller, Inc. ("PDFfiller"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). PDFfiller reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.pdffiller.com/terms_of_services/
Violation of any of the terms below will result in the termination of your Account. While PDFfiller prohibits such conduct and Content on the Service, you understand and agree that PDFfiller cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide a valid email address, and any other information requested in order to complete the signup process.
- We offer individual and corporate accounts. Each user of PDFfiller must have his own login ID and subscription to PDFfiller. Users are not allowed to share login IDs. A corporate account can be either a Multi user account or a Shared account. In a Multi user account, multiple users each have their own individual accounts, which they access with their individual logins. In a Shared account, multiple users are accessing a shared account using their individual logins. Each user must have his own login IDs without exception.
- You are responsible for maintaining the security of your account and password. PDFfiller cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted in your account and activity that occurs under your account. All master corporate account owners are responsible for content and activities within their account and within their subaccounts.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Service to spam or send unsolicited emails, faxes, or sms individuals or businesses.
- All LinkToFill usage will be limited to 100 filled forms per account per month (including corporate accounts). Any usage over this limit will be billed seperately on per account basis per client contract.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card or a valid paypal account is required for paying accounts.
A) If you sign up for an Individual or a Corporate account, for a monthly plan, your subscription will renew and your account will be billed again every 30 days starting on the first 30-day-anniversary of your subscription. If you cancel your subscription, you will not be billed anymore and your subscription will expire 30 days after your last payment. If you cancel and request a refund, your subscription will expire immediately upon the granting of the refund.
B) If you sign up for an Individual or a Corporate account, for a semi-annual plan, and you don't cancel that account, your subscription will renew and you will be billed Bi-Annually starting on the 182nd day after your subscription was initially created. If you cancel your subscription, you will not be billed anymore and your subscription will expire 182 days after your last payment. If you cancel and request a refund, your subscription will expire immediately upon the granting of the refund.
C) If you sign up for an Individual or a Corporate account, for an Annual plan, and you don't cancel that account, your subscription will renew and you will be billed Annually starting on the 365th day after your subscription was initially created. If you cancel your subscription, you will not be billed anymore and your subscription will expire 365 days after your last payment. If you cancel and request a refund, your subscription will expire immediately upon the granting of the refund.
- The Service is billed in advance on a monthly, semi-annual, and annual basis depending on the plan that you have signed up for. We do offer a 100% Money Back Guarantee for customers that are dissatisfied and are looking to cancel the Service and that ask for a refund 180 days or less from the date of the start of their subscription. In order to receive a refund for your subscription, please contact PDFfiller support.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in subscription plan, your credit card or PayPal account that you provided will automatically be charged the new subscription price and then credited a refund for any remaining unused plan time from the old subscription.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation unless confirmed by a PDFfiller representative. You can cancel your account at any time by logging into your account, clicking on the My Account Page at the top of the screen, and clicking on the "cancel My Account" red button on the right side of the My Account page.
- All of your Content will be deleted from the Service within 10 days upon cancellation. This information cannot be recovered once deleted. .
- If you cancel the Service before the end of your current paid up subscription period, your cancellation will take effect immediately and you will not be charged again.
- PDFfiller, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other PDFfiller service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. PDFfiller reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- PDFfiller reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly, semi-annual, and annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the PDFfiller Site (PDFfiller.com.)
- PDFfiller shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
You acknowledge that PDFfiller uses a third party provider to fulfill printing and mailing letters through United States Postal Service. While we take every effort to ensure reliability of the third party service, we cannot guarantee it. Please note that PDFfiller is not responsible for items undelivered, misplaced, lost, damaged or destroyed as a result of these 3rd parties’ actions or inactions.
Please note that no refunds can be given on this service after the order has been processed.
Copyright and Content Ownership
- All content posted on the Service is must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- PDFfiller does not pre-screen Content, but PDFfiller and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright©2006-2016 PDFfiller, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from PDFfiller.
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
- Technical support is only provided to paying account holders and is only available via email and chat during support business hours.
- You understand that PDFfiller uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You understand that PDFfiller also makes available through the Service additional services provided by third party vendors. The services and content of third party vendors is not PDFfiller’s. Any such services and content are the sole responsibility of the entity that makes it available.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, PDFfiller, or any other PDFfiller service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by PDFfiller.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any PDFfiller customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by PDFfiller) of other PDFfiller customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- PDFfiller does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that PDFfiller shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PDFfiller has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) statements or conduct of any third party in connection with content or services offered by any such entity; (v) or any other matter relating to the Service or to any third party content or services that are made available to, or accessed through, the Service.
- The failure of PDFfiller to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PDFfiller and govern your use of the Service, superseding any prior agreements between you and PDFfiller (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be directed to PDFfiller support.
IN THE EVENT OF A DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR TO PDFFILLER, THE COMPLAINING PARTY SHALL NOTIFY PDFFILLER IN WRITING THEREOF. WITHIN THIRTY (30) DAYS OF SUCH NOTICE, BOTH PARTIES SHALL MEET AT AN AGREED LOCATION IN BOSTON, MASSACHUSETTS OR VIA PHONE CONFERENCE OR OTHER PHONE OR INTERNET SERVICE TO ATTEMPT TO RESOLVE THE DISPUTE IN GOOD FAITH. SHOULD THE DISPUTE NOT BE RESOLVED WITHIN THIRTY (30) DAYS AFTER SUCH NOTICE, THE COMPLAINING PARTY SHALL SEEK REMEDIES EXCLUSIVELY THROUGH ARBITRATION, IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT TO THE EXTENT APPLICABLE. THE DEMAND FOR ARBITRATION SHALL BE MADE WITHIN A REASONABLE TIME AFTER THE CLAIM, DISPUTE OR OTHER MATTER IN QUESTION HAS ARISEN, AND IN NO EVENT SHALL IT BE MADE AFTER THE MASSACHUSETTS STATUTE OF LIMITATION FOR THE AFORMENTIONED CLAIMS HAS LAPSED. THE PLACE OF THE ARBITRATION SHALL BE BOSTON, MASSACHUSETTS OR VIA TELEPHONE OR OTHER AGREED UPON MEANS OF COMMUNICATION. EACH PARTY SHALL BEAR ITS OWN COSTS AND FEES FOR THE ARBITRATION. THE ARBITRATORS' AWARD SHALL BE THE SOLE AND EXCLUSIVE REMEDY BETWEEN THE PARTIES.
WAIVER OF A RIGHT TO JOIN A CLASS
ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED ON A COLLECTIVE OR CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS (“CLASS ACTION WAIVER”). CLAIMS MAY NOT BE JOINED OR CONSOLIDATED UNLESS AGREED TO IN WRITING BY ALL PARTIES. THIS WAIVER OF JURY TRIAL SHALL REMAIN IN EFFECT EVEN IF THE CLASS ACTION WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE.
CHOICE OF LAW AND JURISDICTION
TO THE EXTENT ARBITRATION CLAUSE IS DEEMED NOT APPLICABLE OR UNENFORCEABLE, ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF THIS AGREEMENT, OR THE NEGOTIATION, VALIDITY OR PERFORMANCE OF THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT REGARD TO ITS RULES OF CONFLICT OF LAWS.
THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS WILL NOT APPLY TO THIS LICENSE AGREEMENT. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENTS TO SUBMIT TO THE SOLE AND EXCLUSIVE JURISDICTION OF THE COURTS OF THE COMMONWEALTH OF MASSACHUSETTS AND OF THE UNITED STATES OF AMERICA LOCATED IN THE COMMONWEALTH OF MASSACHUSETTS (THE “MASSACHUSETTS COURTS”) FOR ANY LITIGATION AMONG THE PARTIES HERETO ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE NEGOTIATION, VALIDITY OR PERFORMANCE OF THIS AGREEMENT, WAIVES ANY OBJECTION TO THE LAYING OF VENUE OF ANY SUCH LITIGATION IN THE MASSACHUSETTS COURTS AND AGREES NOT TO PLEAD OR CLAIM IN ANY MASSACHUSETTS COURT THAT SUCH LITIGATION BROUGHT THEREIN HAS BEEN BROUGHT IN ANY INCONVENIENT FORUM OR THAT THERE ARE INDISPENSABLE PARTIES TO SUCH LITIGATION THAT ARE NOT SUBJECT TO THE JURISDICTION OF THE MASSACHUSETTS COURTS.
If any term or condition of this Agreement is deemed to be illegal or unenforceable under any rule of law, all other terms will remain in force. Further, such provision will be reformed only to the extent necessary to make it enforceable and the term or condition, which is held to be illegal or unenforceable will remain in effect as far as possible in accordance with the intention of the parties.
Nothing in this Agreement will be construed to place the parties hereto in an agency, employment, franchise, joint venture, or partnership relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties. Neither party will represent to the contrary, either expressly, implicitly or otherwise.
User may not assign this Agreement without the prior written consent of PDFfiller. Any purported assignment in contravention of this section is null and void. A transfer of a controlling interest in the equity of User will be deemed an assignment for purposes of this subsection. Subject to the foregoing, this Agreement will bind and inure to the benefit of any successors or assigns.
The Services provided to User hereunder are "commercial items" as that term is defined at 48 C.F.R. 2.101 (October 1995) consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept 1995) and are provided to the U.S. Government only as a commercial end item. All U.S. Government End User's rights to access and use the Services are set forth in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202 (June 1995).
This Agreement constitutes the entire agreement between the parties with respect to the access and use of the Services. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter and prevails over any conflicting terms or conditions contained on printed forms submitted with purchase orders, sales acknowledgments or quotations. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
- As Is. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE IS PROVIDED "AS IS" AND PDFFILLER MAKES NO AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF THIRD PARTIES' INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS. THIS AGREEMENT IS NOT INTENDED TO, AND DOES NOT, EXPRESS OR IMPLY ANY WARRANTY THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.ANY USE OF THE SERVICES TO ENGAGE IN TRANSACTIONS OR COMMUNICATE WITH ANY CONTACTS OR OTHER THIRD PARTY IS AT USER'S SOLE RISK. PDFFILLER MAKES NO WARRANTY THAT USER'S USE OF THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH USER'S ACCESS OR USE OF THE SERVICE WILL MEET USER'S REQUIREMENTS.
- Limitation of Liability. IN NO EVENT WILL PDFFILLER BE LIABLE FOR ANY LOST PROFITS, REVENUE OR DATA, OR OTHER INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THE SERVICES OR ANY ACCESS OR USE THEREOF. IN NO EVENT WILL PDFFILLER'S LIABILITY TO USER OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE OF THE APPLICABLE SERVICE PAID BY USER. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY, EVEN IF PDFFILLER HAS BEEN ADVISED, OR IS OTHERWISE AWARE, OF THE POSSIBILITY OF DAMAGES IN EXCESS OF SUCH LIMITATIONS AND EVEN IF THE WARRANTY REMEDY OF THIS SECTION FAILS OF ITS ESSENTIAL PURPOSE.
User and PDFfiller agree that the Disclaimers set herein and the Limitation of Liability of this Section are reasonable in light of the covenants, obligations and rights agreed to or granted under this Agreement.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER INDIRECT OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS OF THIS SECTION OF THIS AGREEMENT AND MAY NOT APPLY TO THE USER. IN SUCH STATES, THE LIABILITY OF PDFFILLER WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.