Terms of Service Agreement
You are here because the organization that asked you to prepare some documents strives to make it easy for you to do so. As such, they use a web-based service called draftonce. draftonce is a product of Blue Burro, Technology, LLC, a Bloomington, IN (USA) based software and consulting firm. This document provides the terms that this web-based service is offered.
This Terms of Service Agreement applies in part for End-users who only access the application as an end-user and do not have access to the administrative aspects of the application, and in total to the Account Holder/Administrators, individual(s) who creates, configures or maintains the associated draftonce instance. Sections that are applicable to Account Holders/Administrators only are marked as such.
Welcome to draftonce.com web application, owned and operated by Blue Burro Software (“Blue Burro”) a Bloomington, IN (USA) based technology and consulting firm. These Terms of Service (”Agreement”) are intended to explain our obligations to you and your obligations to us. This Agreement covers the draftonce.com application, associated help desk tools, blogs, APIs and all data, forms, texts, reports, images, sounds, video and content made available through or created by draftonce.com all of which is hereby known as the “the Service.” Any new features or enhancements to the Service are also subject to this Agreement. By accessing or using the Service in any way, you acknowledge that you have read, understand and agree to be bound to this Agreement, that you have the authority to sign for and bind the party for which you are registering, and that you are at least 18 years of age.
You understand and agree that the Service will likely change over time and so will this Agreement. You also understand and agree that this Agreement may not address every instance or circumstance of service, but you agree to apply the Terms in a manner consistent with their common intent and meaning. You agree to regularly check the Service site for any changes to this Agreement, which may be made by Blue Burro at anytime.
You understand and agree that subject only to the limited right to access and use the Service expressly granted to you under this Agreement, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Blue Burro.
Use of the Service
Subject to this Agreement, you may access and use the Service only for your lawful personal or business purposes.
You understand and agree that you are responsible for all information, data, text, messages or other materials that you post or otherwise transmit via the Service.
You agree to maintain, to the maximum reasonable extent, the security and confidentiality of the usernames and passwords used to access the Service. You agree to immediately notify Blue Burro of any unauthorized use of your usernames and passwords or any other breach of security.
You agree you will assist Blue Burro in bringing any open trouble or help tickets to a close including notifying Blue Burro when any open issue is resolved.
You agree that you shall not perform any of the following:
- license, sublicense, sell, resell, rent, lease, repurpose, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this Agreement;
- use the Service to process data on behalf of any third party;
- use the Service in any unlawful manner;
- use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components;
- use the Service in anyway that otherwise interferes with others’ use of the Service or breaches their confidential information;
- attempt in anyway to undermine, diminish, work around or compromise the security and integrity of the Service and its associated servers, systems, networks, code, and purpose, or the servers, systems, networks of third party hosting companies;
- attempt to gain unauthorized access to any materials other than those for which you have been given express permission to access;
- transmit or upload to the Service any files, programs or data that may damage or interfere with the Service or any other person’s computing devices, or any materials that may be considered offensive or by your use violate protections of copyright, patent and trade secrets; not modify, copy, or reverse engineer the Service; or
- exceed the volumes or scope of usage defined in your usage plan.
Payments – applicable to Account Holders/Administrators only
For use covered under any plan other than a free service plan, beta trial, or trial offer, you will be billed on a pay-as-you go basis on a monthly payment cycle coinciding with the day of the month that your service was started. All payments, unless otherwise mutually agreed to and addressed in a supplement to this Agreement are to be paid via credit or debit card. You agree to keep such payment information current via the account profile section of the Service. If Blue Burro is not able to process your payment successfully, you will be notified via email and service may be suspended until payment is processed successfully. For use covered under a free service plan, beta trial or trial offer, the service is at no cost to you and no invoice will be emailed.
If you were on a trial basis, and the trial ends prior to you converting to a paying plan, your account will be suspended and can only be reactivated by submitting your credit card information or selecting a free plan, if available.
There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made. For any upgrade in plan level, your credit card will automatically be charged the difference between your current monthly rate and the new monthly rate immediately upon acceptance of the new rate, and the new rate will be charged on the next billing cycle. For any downgrade in plan level, the new rate will be charged on the next billing cycle. Downgrading your account may cause the loss of content, features, or capacity of your account. Blue Burro does not accept liability for such loss. Prices are subject to change at any time. In addition, Blue Burro may offer special pricing for clients with a large number of users, specialized use needs or other reasons.
Canceling Your Account – applicable to Account Holders/Administrators only
You are responsible for canceling your account. You may cancel your account at anytime by selecting the Account menu item on the Administration Site and selecting “Cancel My Account” and following the instructions to cancel. ONCE CANCELLED, YOUR DATA WILL BE MAINTAINED FOR 60 DAYS, AFTER WHICH IT MAY BE PERMANENTLY ERASED. YOU CAN ACCESS THE DATA DURING THIS TIME BE RESUBSCRIBING. IN THE EVENT YOU WANT YOUR DATA DELETED RIGHT AWAY, YOU MUST SEND US AN EMAIL AFTER YOU CANCEL YOUR ACCOUNT REQUESTING THAT ALL DATA BE DELETED. THE EMAIL MUST COME FROM THE SAME ADDRESS USED TO CREATE THE ACCOUNT.
Export Compliance – applicable to Account Holders/Administrators only
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
You agree to indemnify Blue Burro, its affiliates, subcontractors, service providers, officers and heirs against all claims, costs, damage and loss of any kind and for any reason arising from your breach of any of these terms or any obligation you may have to Blue Burro.
You understand and acknowledge the following:
- If you are using the Service on behalf or for the benefit of an organization we are assuming that you have the right to do so and that organization will be liable for your actions, omissions, payments and any breach of these terms.
- The Service is offered on an As-Is basis. Your use of the Service is at your own risk.
- Blue Burro does not warrant the Service to be free from defect or errors
- Blue Burro does not warrant that the Service will be available on an uninterrupted and timely basis. Further, you understand that telecommunications system, hosting services, computer networks and other infrastructure not in Blue Burro’s control is necessary to access the Service and Blue Burro is is not in any way responsible for any interference or prevention by such infrastructure providers of your using the Service.
- Blue Burro does not warrant that the Service is secure or virus free.
- No advise or service provided by Blue Burro creates any warranty not expressly stated in the Terms.
DISCLAIMER OF WARRANTIES
THE SERVICE AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND Blue Burro EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL BLUE BURRO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, BLUE BURRO SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS WHICHEVER IS LESSER. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
IF YOU ARE AN ACCOUNT HOLDER/ADMINISTRATOR AND YOU ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THESE TERMS IN ACCORDANCE WITH “CANCELING YOUR ACCOUNT” CLAUSE ABOVE. IF YOU ARE AN END-USER, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SERVICE.
Interrupting or Terminating
Blue Burro reserves the following rights:
- To modify or discontinue, temporarily or permanently, the Service (or any part thereof)
- To refuse any and all current and future use by you of the Servcie
- To suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, if Blue Burro believes that you have violated this Agreement.
Blue Burro will use best efforts to notify you about any planned downtime of the Service, and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Blue Burro shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
draftonce©, and Blue Burro’s various logos used or displayed on the Service are marks of Blue Burro and you may only use these marks or logos for promotional purposes to identify yourself as a customer or user of the Blue Burro products and services, provided you do not attempt to claim ownership of the marks or logos by incorporating any of them within your names or offerings.
Blue Burro may assign or transfer this Agreement, in whole or in part, without restriction.
There Terms shall be governed by the laws of the State of Indiana, Monroe County, without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Indiana, Monroe County for the purpose of resolving any dispute relating to your access to or use of the Service.
In the event that any provision of this Agreement is found to be unenforceable under applicable law, the parties agree to replace such provision with a substitute provision that most nearly reflects the original intentions of the parties and is enforceable under applicable law, and the remainder of this Agreement shall continue in full force and effect.
The failure of Blue Burro to exercise or enforce any right or provision of this Agreement shall not be a waiver of that right.
You acknowledge that this Agreement IS a contract between you and Blue Burro, even though it is electronic and is not physically signed by you and Blue Burro, and it governs your use of the Service and takes the place of any prior agreements between you and Blue Burro.