Last Update: March 2, 2017
Please read this Agreement carefully to ensure you understand each provision.
These Terms of Service ("Terms") govern your use of MixForms ("Company", MixForms) web site located at https://mix-forms.com (the "Site") and the services that are made available through the Site (collectively, the "MixForms Service"). Please read these Terms carefully. By using the MixForms Service, you are stating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the MixForms Service.
Arbitration Agreement. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Your Responsibilities. YOU AGREE NOT TO USE THE MixForms SERVICE TO VIOLATE ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW OR REGULATION.
- Forms and Submissions. Company does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the MixForms Service ("Forms and Submissions"). As between Company and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page or a Report "public", you grant Company a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Company does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.
- Email Delivery. When someone submits your forms, by default you’ll receive the results as an email notification. We go to great lengths to ensure successful delivery of emails. WE DO NOT GUARANTEE SUCCESSFUL DELIVERY OF YOUR EMAIL NOTIFICATIONS. We recommend installing MixForms mobile apps for iPhone, Apple Watch, or Android, and checking the MixForms site daily to make sure you did not miss any form submission notifications.
- Form Availability. MixForms makes no warranty that forms provided by MixForms Service will be available 100% of the time and will be error free. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM ANY ERRORS ON A FORM OR UNAVAILABILITY OF A FORM.
- Disclaimer of Warranties. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE MixForms SERVICE IS AT YOUR SOLE RISK. THE MixForms SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MixForms EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MixForms SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). MixForms MAKES NO WARRANTY THAT THE MixForms SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE MixForms SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MixForms SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MixForms OR THROUGH THE MixForms SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- Limitation of Liability. YOU UNDERSTAND AND EXPRESSLY AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MixForms OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE MixForms SERVICE.
- Spam. You agree that Company may terminate your MixForms Service immediately if a form created or MixForms is found to be used inside an unsolicited email.
- Scams. You agree that you will not use MixForms or any form(s) you create using MixForms for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a MixForms as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.
- Phishing. You agree that Company may terminate your MixForms Service immediately if a form's purpose is found to be deceptively obtaining: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.
- Collecting Sensitive Information. You may not use the MixForms to collect certain types of sensitive information, including but not limited to credit card information and any type of login credentials. You may collect some sensitive information such as social security numbers or driver’s license numbers, but you are required to use best security practices of MixForms including SSL and Encrypted Forms features. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.
- European Data Collection. If you collect personal data in Europe, you must use EU Safe Forms feature of MixForms Service.
- Copyright Infringement. Company respects the intellectual property rights of others. Accordingly, Company has a policy of disabling access to any Submission that violates copyright law, suspending access to the MixForms Service to any user who uses the MixForms Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the MixForms Service in violation of copyright law
- Trademarks. MixForms is a registered trademark of Company. The MixForms logo is a trademark of Company. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with Company.
- Termination. You agree that Company may terminate your MixForms Service membership or suspend your access to all or part of the MixForms Service, without notice, if Company determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that Company shall not be liable to you or any third party for removing your Submissions or suspending or terminating your access to the MixForms Service. You may discontinue your participation in and access to the MixForms Service at any time.
- Modifications To Terms. Company may, in its sole and absolute discretion, change these Terms from time to time. Company will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the MixForms Service. Continued use of the MixForms Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- Modifications To MixForms Service. Company reserves the right to modify or discontinue the MixForms Service with or without notice to you. Company shall not be liable to you or any third party should Company exercise its right to modify or discontinue the MixForms Service.
- Email Communications. By giving your email address to MixForms you agree to receive occasional administrative, announcements, newsletters, sales, and marketing emails from MixForms. You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.
- Links. Company's provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Company endorsement of such other Web site or resource or its contents. Company shall have no responsibility or liability for any information, software, or materials found at any other Web site or Internet resource.
- Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company. liability shall be the minimum permitted under such applicable law.
- Indemnification. You agree to indemnify, defend, and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the MixForms Service, (b) your (or anyone using your account's) use of the MixForms Service, (c) your (or anyone using your account's) violation of these Terms, and (d) your (or anyone using your account's) violation of any rights of any other person or entity.
- Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and Company with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and Company with respect to the subject matter hereof. These Terms and the relationship between you and Company shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the MixForms Service shall be brought in the Federal or State courts located in California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Company and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MixForms Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the MixForms Service.