Terms of Use – eSignature System

TERMS OF USE – E-SIGNATURE SYSTEM

  1. Introduction
    Thank you for using the Pink Lemonade Service (defined below), if applicable, using our WordPress Plugin. Please read this Agreement carefully as using our Plugin or accessing the Service, constitutes your consent to being bound by this Agreement. Please be aware that there are ARBITRATION, CLASS ACTION, and LIMITATION OF LIABILITY PROVISIONS contained within this Agreement. If you have any questions regarding this Agreement, please contact us at venuemanager@pinklemonade.melbourne.
  2. Definitions
    Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing, and no definition should be considered binding to the point that it renders this Agreement nonsensical:

    • “Agreement” refers to these Terms of Service;
    • “Pink Lemonade” refers to our company, known as “Pink Lemonade”; our Site; our Plugin; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
    • “Plugin” refers to the plugin that we provide for WordPress sites, known as “Pink Lemonade”;
    • “Service” is defined in Section 3 of this Agreement;
    • “Site” refers to our website, https://www.pinklemonade.melbourne;
    • “User” refers to anyone who uses our Service, including users of our Plugin and general visitors to our Site;
    • “You” refers to you, the person who is entering into this Agreement with Pink Lemonade.
  3. Service
    The Pink Lemonade Service operates and provides signature tools through our plugin for our clients. Utilizing this service, Users have the ability to create electronic signatures through our Plugin. Pink Lemonade provides this Service on an “as is” and with “all faults” basis making no warranties or guarantees as to its use, function, or availability. The Service provided through the Plugin is intended for lawful, private use, no portion of the Service or access to the Plugin may be resold without express written consent from Pink Lemonade.
  4. Electronic Signature
    When using our Service, please thoroughly read and review any attached documents carefully, if necessary, please contact your attorney. Under US Federal Law, you are not required to sign any documents electronically and may abstain if you prefer. By using our Plugin or Service, you agree that you will be using electronic records, electronic communications, and electronic signatures in the place of physical documents. You agree that the Uniform Electronic Transactions Act provides for electronic signatures that are the legal equivalent to signing and executing a physical written document. If you wish to sign written documents, please contact the party with which you are contracting. Pink Lemonade has no obligation to provide you with written documents.
  5. Enforceability and Legal Advice
    Generally, under the EISGN and UETA acts, documents signed electronically on platforms that meet certain minimum requirements are legally binding. However, there are some circumstances in which e-signatures/digital signatures are not permitted. Please be aware that certain documents, contracts, and transactions ARE NOT ENFORCEABLE USING ELECTRONIC SIGNATURE, including wills and trusts. If you have any questions regarding the legality or enforceability of any electronic documents, we advise you to seek legal counsel immediately. For these reasons, you release us from any liability related to the enforceability of any electronic documents you have signed using the Plugin. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS COMMITTED BY THE COUNTER-PARTY OR COUNTER-PARTIES TO ANY DOCUMENTS OR CONTRACTS THAT YOU SIGN USING OUR SERVICE AND THAT YOU ARE ADVISED BY US TO OBTAIN QUALIFIED LEGAL COUNSEL TO DETERMINE WHETHER THE DOCUMENTS YOU ARE HAVING SIGNED WILL BE ENFORCEABLE IN THE COURT OR COURTS OF LAW. No statements in this Agreement constitute legal advice. If you have any questions regarding your use of our Service or Plugin, PLEASE CONTACT YOUR LAWYER.
  6. Disclaimer of Warranties
    OUR SERVICES AND PLUGINS ARE OFFERED “AS IS” AND WITH “ALL FAULTS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. WE SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS. NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF PINK LEMONADE PROVIDING OR NOT PROVIDING THE SERVICE. IN FURTHERANCE HEREOF AND WITHOUT LIMITATION, USE OF THE SERVICE AND THE HARDWARE AND SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICE IS AT YOUR SOLE RISK AND PINK LEMONADE SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT THERETO.
  7. Limitation of Liabilities
    IN NO EVENT SHALL PINK LEMONADE OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICE BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST INCOME, LOST PROFITS, PRESENT AND FUTURE, THE COST OF COVER OR LOSS OF USE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, EXPRESS OR IMPLIED, ACTIVE OR PASSIVE NEGLIGENCE, INTENTIONAL OR UNINTENTIONAL TORT, STRICT LIABILITY, VIOLATION OF STATUTE, ORDINANCE OR REGULATION, FAILURE OF CONSIDERATION, OR OTHER BASIS, ARISING OUT OF THE PROVISION OF THE SERVICE HEREUNDER. IN FURTHERANCE OF THE FOREGOING AND WITHOUT LIMITATION, PINK LEMONADE WILL HAVE NO LIABILITY FOR DATA STORED OR USED WITH THE SERVICE, INCLUDING COSTS OF REPAIRING, REPLACING, OR RECOVERING SUCH DATA. WITHOUT LIMITATION OF ANYTHING SET FORTH IN THIS AGREEMENT, YOU FURTHER AGREE THAT PINK LEMONADE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSION(S), ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY EXPENSES, DAMAGES, OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF DATA, AND/OR FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM ANY SUCH ACTS, OMISSIONS OR EVENTS, INCLUDING, WITHOUT LIMITATION, LOST INCOME, LOST PROFITS, PRESENT AND FUTURE, THE COST OF COVER OR LOSS OF USE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, EXPRESS OR IMPLIED, ACTIVE OR PASSIVE NEGLIGENCE, INTENTIONAL OR UNINTENTIONAL TORT, STRICT LIABILITY, VIOLATION OF STATUTE, ORDINANCE OR REGULATION, FAILURE OF CONSIDERATION, OR OTHER BASIS. YOU ALSO AGREE THAT PINK LEMONADE IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. UNDER NO CIRCUMSTANCES SHALL PINK LEMONADE AND/OR ANY SUBCONTRACTOR HIRED BY PINK LEMONADE BE LIABLE FOR ANY DATA BREACHES THROUGH ILLEGAL OR ILLICIT MEANS, INCLUDING SITUATIONS WHERE SUCH DATA IS ACCESSED THROUGH THE EXPLOITATION OF SECURITY GAPS, WEAKNESSES OR FLAWS (WHETHER KNOWN OR UNKNOWN TO PINK LEMONADE AT THE TIME). IF THE CUSTOMER IS DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

    For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees, or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

    IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

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