GENERAL TERMS OF SERVICE

Effective: January 7, 2022

Thank you for choosing to use the services offered by Senger Solutions, LLC and/or its affiliates (referred to herein as “Senger Solutions”, “tcDocs”, “we”, “our”, or “us”).

These General Terms of Service (“Agreement”) are an agreement between us and you (“User” or “you” or “your”), and set forth the general terms and conditions of your use of the products and services made available by Senger Solutions through its tcDocs.com website or otherwise (collectively, the “Services”). We may change any term of this Agreement at any time so you are advised to check here regularly for the latest terms that apply to you.

BY CLICKING “I AGREE,” INDICATING YOUR ACCEPTANCE ELECTRONICALLY, OR BY INSTALLING, ACCESSING, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE OR BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES.

AGREEMENT AND ADDITIONAL POLICIES
ELIGIBILITY AND RIGHTS TO USE THE SERVICES
PAYMENT; TERMINATION BY YOU
USE THROUGH A MOBILE DEVICE
RESPONSIBILITY FOR USER CONTENT AND USE OF SERVICES
DATA PROCESSING AND PRIVACY
COMPLIANCE WITH APPLICABLE LAWS
COMMUNICATIONS
THIRD-PARTY PRODUCTS AND SERVICES
PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
ACCOUNT SECURITY; SYSTEMS; UPDATES
HIPAA DISCLAIMER. WE ARE NOT “HIPAA COMPLIANT.”
COMPATIBILITY WITH THE SERVICES
OUR TERMINATION OF YOUR SERVICES
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
INDEMNIFICATION
ARBITRATION
GENERAL PROVISIONS

1. AGREEMENT AND ADDITIONAL POLICIES

This Agreement describes the terms governing your use of the Services. It includes certain referenced policies, including those from third parties, which are incorporated by reference. By using the Services, you also agree to be bound by the terms of such policies, including the following:

Our Privacy Policy.
Any other policy posted on our website.
Any terms separately to you related to the Services, including product or program terms, ordering, activation, payment terms, data processing terms, etc.

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable.

2. ELIGIBILITY AND RIGHTS TO USE THE SERVICES

Your Representations. By accessing or using our Services, you represent and warrant that:
1. You understand that the Services are intended solely for use by users who are eighteen (18) years of age or older, and that you are eighteen (18) years of age or older. Any use of or access to the Services, by anyone under eighteen (18) is not authorized and is a violation of this Agreement.
2. You can, and intend to, form a binding contract with Senger Solutions. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
3. You are not a person who is prohibited from receiving the Services under the laws of the United States, England, Wales, or any other applicable jurisdiction; and
4. You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including import and export regulations.
Reservation of Rights. The Services are protected by domestic and international intellectual property laws and treaties, including copyright and trade secret laws. You are only granted the right to use the Services and only for the purposes described by tcDocs. Senger Solutions reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable eligibility and payment obligations and comply with this Agreement, Senger Solutions grants you a personal, limited, nonexclusive, nontransferable right and license to use the Services. Whether you have paid for your licenses to use the Services or not, you may only access and use Services in accordance with this Agreement. Subject to the limited rights expressly granted hereunder, Senger Solutions reserves all of its right, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Accurate Information It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, is accurate, correct and complete at all times. We are not responsible for any lapse in the Services, including without limitation, any lapse related to outdated contact information being associated with your account. If you need to verify or change your contact information, you may do so by contacting us by email at admin@tcdocs.com or by calling (425) 770-2662. Providing false contact information of any kind may result in the termination of your account and deletion of all data associated with your account.
License by You to Host Your Content. You hereby grant us a limited term license to host your Content (as defined in Section 5), and any other program code created by or for you, as necessary in conjunction with your use of the Services. Subject to the limited licenses granted herein, we acquire no right, title or interest in or to your Content.
License by You to use You Feedback. You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications to the Services, creation of other products or services, advertising, or marketing materials. Accordingly, you grant us a worldwide, perpetual, irrevocable, fully transferable, sublicensable, fully paid-up, royalty-free license to use or incorporate into the Services or any other service or product, any suggestion, enhancement request, recommendation, or other feedback provided by you or your users, in any manner desired by us.
Third Party Software. The Services may contain software which originated with third parties, and without limiting the general applicability of the other provisions of this Agreement, you agree: (a) the right, title and interest to any third-party software incorporated in the Services remains with the third-party, which supplied the same; and (b) you will not distribute, disseminate, or otherwise provide any such third-party software available with the Services, in any manner, outside the scope set forth in this Agreement.
Responsibility for Your Account. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. You agree not to use, and will not permit any third party to use, the Services in a manner that violates any applicable law, regulation, or this Agreement. You agree to notify us immediately if you become aware of any unauthorized use of or access to the Services. Without limiting the generality of the forgoing, you agree you will not:
1. Provide access to or give any part of the Services to any third party.
2. Reproduce, modify, copy, sell, trade, lease, license, sublicense, distribute, rent, resell, or export the Services.
3. Decompile, disassemble, or reverse engineer the Services.
4. Make the Services available on any file-sharing or application hosting service.
Usage Limits. The Services are subject to usage limits based on the number and type of subscription licenses you purchase. You agree to comply with the license usage restrictions. If you exceed a contractual usage limit, we may work with you to seek to reduce your usage so that it conforms to that limit. If, notwithstanding such efforts, you are unable or unwilling to abide by a contractual usage limit, you agree to pay for the additional necessary Service license subscriptions promptly upon us providing you with an invoice(s) for excess usage in accordance with the terms of this Agreement.
Additional Use Restrictions. You agree, on behalf of yourself and anyone to whom you grant access to the Services, not to: (i) make any Service available to, or use any Service for the benefit of anyone other than yourself; (ii) sell, transfer, or export any data derived from your use of the Services except as in compliance with all applicable laws; (iii) attempt to copy, alter, or tamper with the Services; (iv) store or transmit any data not belonging to you or for which you are not authorized; (v) store or transmit infringing, libelous, or otherwise unlawful or tortious material or material in violation of third-party privacy or other rights; (vi) store or transmit malevolent code; (vii) interfere with or disrupt the integrity or performance of any of the Services; (viii) attempt to gain unauthorized access to any of the Services or its related systems or networks; and (ix) violate any applicable law, rule, or regulation related to your access to or use of the Services.
Hosted in United States. The Services and any data you provide to us is hosted in the United States unless otherwise provided, and may only be used in the United States. If you access the Service from outside of the United States: (i) you agree to comply with all applicable laws and represent that you are voluntarily transferring information (potentially including personally identifiable information) and Content to the United States, and you agree that our collection, use, storage, and sharing of such information and Content is subject to the laws of the United States, and not necessarily of the jurisdiction in which you are located.
Suspension of Your Account. You agree that Senger Solutions shall have the right to suspend your use of the Services and/or delete your account, without notice, if you violate any term of this Agreement.

3. PAYMENT; TERMINATION BY YOU

Payments. You agree to pay all fees related to your use of the Services. All fees are non-refundable when paid unless otherwise stated.
Billings. For Services offered on a payment or subscription basis, the following terms apply, unless we or our third-party affiliates notifies you otherwise. This Agreement also incorporates by reference and includes ordering and payment terms provided to you on the website for the Services:
1. Payments (including any and all applicable taxes) will be made in United States dollars, as shown in the sales receipt or invoice , and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
2. You must pay with one of the following: (a) a valid credit card acceptable to tcDocs; (b) a valid debit card acceptable to tcDocs; (c) sufficient funds in a checking or savings account to cover an electronic debit or transfer of the payment due; or (d) by another payment option tcDocs provides to you in writing.
Price Changes. We publish our pricing structure on our website. We reserve the right to change prices or any other charges at any time. It is your sole responsibility to periodically review billing information provided by us through the user billing tool or through other methods of communication, including notices sent or posted by us on our website.
Taxes. Listed fees for the Services do not include any applicable sales, use, revenue, excise, or other taxes imposed by any taxing authority. Any applicable taxes will be added to our invoices as a separate charge to be paid by you.
Late Payment. All invoices must be paid within five (5) days of the invoice due date. Any invoice that is outstanding for more than five (5) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Senger Solutions may suspend or terminate your account and pursue the collection costs incurred by Senger Solutions, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Senger Solutions will not activate new orders or activate new packages for customers who have an outstanding balance on their account. All your Content is subject to being deleted if you fail to make a timely payment. Contact Senger Solutions directly after you make a late payment to reactivate your account.
Accurate Information. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse your use of the Services.
Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. We may report any such misuse or fraudulent use, as determined in our sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Renewal. Unless otherwise provided, you agree that until and unless you notify us of your desire to cancel the Services, you will be billed on an automatically recurring basis at the then-current rates to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Payment Updates. If you do not notify us of updates to your payment method (e.g., credit card expiration date, etc.), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
Identification. When purchasing the Services, you may be required to provide government issued identification and/or a scan of the credit card used for verification purposes. Failure to provide the information requested or to provide accurate payment information may result in your order being denied.
Invoice Disputes. You have sixty (60) days to dispute any charge or payment processed by us. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
Prospective Functionality. You acknowledge that your purchase of the Services is not contingent on the delivery of any prospective functionality or features, or dependent on any oral or written comments made by us regarding future functionality or features.
Termination by You. No refunds will be provided for the Services. You may terminate your use of the Services by giving us written notice via email sent to us at admin@tcdocs.com. In such event you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. We require that you terminate your account in writing as your written request to terminate your account will to considered: (i) confirmation of your identity; (ii) confirmation that you are prepared for all of your files and emails to be removed; and (iii) documentation of your authorization to delete your account. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a termination request is processed.
Data Portability and Deletion. Your Content may be exported by you at any time while your account is active, by contacting us by email at admin@tcdocs.com. Upon termination of your account, we will continue to make your Content available to you for export or download by you for thirty (30) days after the termination date. After such 30-day period, we will have no obligation to maintain or provide access to your account or any of your Content, and, at our discretion, will delete or destroy all copies of your Content in our systems or otherwise in our possession or control, unless otherwise prohibited by applicable law.

4. USE THROUGH A MOBILE DEVICE

Internet Access. Use of the Services may be available through a compatible mobile device or Internet access and may require additional software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
No Warranties. SENGER SOLUTIONS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (a) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (b) ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (c) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

5. RESPONSIBILITY FOR USER CONTENT AND USE OF SERVICES

Content. Content includes any data, information, materials, text, graphics, images, software, audio, video, works of authorship of any kind, which is uploaded, transmitted, posted, generated, stored or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant tcDocs a worldwide, royalty-free, non-exclusive right and license to (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute your Content; and (ii) make archival or back-up copies of your Content.
Your Responsibility. You are solely responsible for any and all Content submitted, and any transactions or other activities conducted on or through, your tcDocs account. Further, you are responsible for any lost or unrecoverable Content, and are advised to archive your Content frequently. tcDocs is not responsible for any Content submitted through the Services. You must, and agree to, provide all required and appropriate warnings, information and disclosures. tcDocs is not responsible for any Content or data provided through the access or use of the Services.
Use of the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal or foreign law;
2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy, is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
3. Except as permitted by us in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
4. Virus, Trojan horse, worm or other disruptive or harmful software or data; and
5. Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
We are not Responsible. We exercise no control over, and accept no responsibility for, user Content or the content of any information passing through our systems, points of presence, or the Internet. We do not monitor user Content. However, you acknowledge and agree that we may, but are not obligated to, immediately take any corrective action in our sole discretion, including without limitation removal of all or a portion of the user Content, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement or any of our policies. You hereby agree that Senger Solutions shall have no liability due to any corrective action we may take.
Social Features. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Senger Solutions does not monitor or support, and is not responsible for, the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Senger Solutions is not responsible.
Prohibited Activities. You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to our reputation or could subject us to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in our opinion, is prohibited under this Agreement; (v) any other activity that places us in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of a tcDocs system or network or to breach our security or authentication measures, whether by passive or intrusive techniques. Senger Solutions reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products, or services that are objectionable or promote, support or engage in any of the restricted uses described above.

6. DATA PROCESSING AND PRIVACY

Personal Information. Senger Solutions is the controller of the personal information it processes about you when you use the Services. You acknowledge and agree that Senger Solutions may and will process your personal information as described in our Privacy Policy when you use our Services.
Customer Representation. You represent, warrant, and agree that: (a) you will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to process the personal information provided to us or included in any customer data in accordance with this Agreement and our Privacy Policy; (b) if you provide personal information to us that is not personal to you, you agree that you have either provided the data subject notice or received permission from the data subject and has the appropriate legal basis, as required by applicable law, for us to (i) use, and/or disclose the personal information in accordance with our Privacy Policy, (ii) move the data outside of the country of residence of such owner of the personal data, if applicable, (iii) provide the personal information to third parties in connection with providing the Services to you, and (iv) otherwise use and disclose the personal information in accordance with this Agreement; and (c) if there is any discrepancy between this Agreement and our Privacy Policy with respect the collection, use, and/or disclosure of the personal information, the Privacy Policy will control.
Telephone Numbers. You may provide your telephone numbers as part of your record or registration or via other methods. You understand and agree that we may use such telephone numbers for “multi-factor authentication” (“MFA”), to confirm a user’s identity and to help protect the security of customer accounts. Part of the MFA identity verification process may involve us sending text messages containing security codes to such telephone numbers. You agree to receive these texts from us containing security codes as part of the MFA process. In addition, you agree that we may send automated text messages and pre-recorded voice messages to the telephone numbers provided and for other limited purposes, including: (i) providing you with important critical notices regarding your use of the Services; or (b) fulfilling a request made by you. Additionally, we may use such telephone numbers to contact you about special offers or other tcDocs or third-party products or services unless you opt out of such marketing. With MFA, you also agree and consent to us obtaining and using information from your applicable mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to us (such information may include from your mobile phone service provider account record, name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).

7. COMPLIANCE WITH APPLICABLE LAWS

Compliance with Laws. You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding your Content, online activities, email, and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.
External-Facing Service Behavior. You, for yourself and your users, are solely responsible for complying with applicable law in any use of cookies or other tracking technologies, as well as the U.S. Digital Millennium Copyright Act. In addition, if users of your account engage in any of the following activities, you may be deemed in material breach of this Agreement.
1. You may not use or allow the use of the Service to display, store, process or transmit: corrupted files, hoaxes, frauds such as pyramid schemes or any other items of a destructive or deceptive nature; material that infringes or misappropriates a third party's intellectual property or proprietary rights; that violates a third-party's privacy rights; that violates applicable law; that is excessively profane; that is hateful or violent; that advocates racial or ethnic intolerance; that is intended to advocate or advance computer hacking or cracking; illegal software; malevolent code; or any other material that violates or encourages conduct that would violate any criminal laws, any other applicable laws, or any other third party rights.
2. You may not use, or allow anyone else to use the Services to generate or facilitate unsolicited commercial email (spam). Spam activity includes, but is not limited to: sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law; imitating or impersonating another person or email address, creating false accounts for the purpose of sending spam; mining or harvesting any web property (including any data not belonging to you) to find email addresses or other user account information; sending unauthorized mail via open, third-party servers; and sending email to users who have requested removal from a mailing list.
3. You may not use, or allow anyone else to use, the Services in connection with illegal peer-to-peer file sharing; to engage in or promote illegal activity; to sell, distribute or export illegal products or controlled substances; to target or corrupt minors; or to access any other service or website, directly or indirectly, in a manner that violates the terms for use of or access to such service or website.

8. COMMUNICATIONS

Customized Email Addresses. By using the Services, you may create and use customized email addresses to communicate through tcDocs. You acknowledge, agree, and represent that: (i) you will only set up customized email addresses as authorized by the users of such customized emails; (ii) you, and your authorized users, will only use customized email addresses in a manner that complies with all applicable laws; (iii) you are solely responsible for such creation and use of all such customized email addresses; and (iv) we have no responsibility related to the use of customized email address, including any request to unsubscribe or discontinue such use.
Computing Equipment. By using the Services, we allow you to access the Services and communicate through tcDocs using a computer, mobile, or other digital device (“Digital Equipment”). You acknowledge, agree, and represent that: (i) you will only access and use the Services using Digital Equipment you are authorized to use; (ii) you, and your authorized users, will only access and use the Services in a manner that complies with all applicable laws; and (iii) you are solely responsible for the access and use of the Services on any Digital Equipment.
Disclaimer. We shall not be responsible for any changes in the Services that cause any Digital Equipment to become obsolete, require modification or alteration, or otherwise affect the performance of the Services or the Digital Equipment. Any rights or remedies you may have regarding the use of the Services on any Digital Equipment are limited to those rights extended to you by the manufacturer of such Digital Equipment.

9. THIRD-PARTY PRODUCTS AND SERVICES

Third-Party Providers. We may offer certain third-party products and services. Such products and services may be subject to the terms and conditions of the third-party provider. Discounts, promotions and special third-party offers may be subject to additional restrictions and limitations by the third-party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third-party provider with whom you are dealing. We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these third-party providers at your own risk. We do not warrant or support any third-party provider products or services, including the accuracy or completeness of any information regarding third-party providers. We are not an agent, representative, trustee or fiduciary of you or the third-party provider in any transaction.
Third-Party Websites. The Services may contain links to other websites that are not owned or controlled by Senger Solutions (“Third-Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third-Party Content”). We are not responsible for any Third-Party Sites or Third-Party Content accessed through the Services. Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third-Party Sites or to access or use any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

10. PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)

Various Jurisdictions. Senger Solutions does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions and countries, and prohibits accessing content from within jurisdictions or countries where such access or content is illegal. You are responsible for compliance with all applicable laws pertaining to your use of and access to the Services in your jurisdiction.
Export Compliance. You hereby certify that you have not been designated as a person who or that is prohibited from receiving certain technical data by any foreign or U.S. governmental agency, including the U.S. Treasury Department (under its List of Specially Designated Nationals) or the U.S. Commerce Department (under its Denied Persons or Entity List). You also covenant: (a) not to export or re-export, directly or indirectly, any regulated technical data, alone or embodied in any product, in violation of any U.S. or foreign export control laws or regulations; and (b) not to use any regulated technical data, alone or embodied in a product, for purposes prohibited by any U.S. or foreign export control laws or regulations, including for nuclear, chemical, or biological weapons proliferation purposes.
Anti-Terrorism. You are not in violation of any U.S. Anti-Terrorism (including applicable Executive Orders), nor do you engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law.

11. ACCOUNT SECURITY; SYSTEMS; UPDATES

Account Security. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
Password Security. You are responsible for securely managing your password(s) for the Services and to contact Senger Solutions if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
Authorized Users. The Services, including all related networks and network devices are provided only for authorized customer use. We may, but are not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Other Network. Any account found connecting to a third-party network or system without authorization from the third-party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third-party. We may, at our sole discretion, request documentation to prove that your access to a third-party network or system is authorized.
Abuse Report. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by us of an issue, we reserve the right to leave access to services disabled.
Account Migration. We reserve the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

12. HIPAA DISCLAIMER. WE ARE NOT “HIPAA COMPLIANT.”

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Senger Solutions does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Senger Solutions is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact us at admin@tcdocs.com.

13. COMPATIBILITY WITH THE SERVICES

Cooperation. You agree to cooperate fully with us in connection with our provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, we are not responsible for any delays due to your failure to timely perform your obligations.
Compatibility. You are solely responsible for ensuring that all your Content is compatible with the hardware and software used by us to provide the Services, which may be changed by us from time to time in our sole discretion.
Content Back-ups. You are solely responsible for backing-up all your Content. We do not warrant that we back-up any user Content, and you agree to accept the risk of loss of any and all user Content.

14. OUR TERMINATION OF YOUR SERVICES

Senger Solutions may, in its sole discretion and without notice, restrict, deny, or termination this Agreement or suspend the Services, in whole or in part, including deletion or confiscation of all files and/or Content, effective immediately, in the event that: (i) you fail to pay any fees due hereunder; (ii) you violate any term or condition of this Agreement; (iii) your conduct, or conduct you allow, may harm us or others, cause us or others to incur liability, or disrupt our business operations (as determined in our sole discretion); (iv) you are, or allow anyone to be, abusive toward our staff in any manner; (v) to protect the integrity and availability of the Services or our systems, or comply with our policies; or (vi) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, we will not refund to you any fees paid in advance of such termination, and you will be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

TERMINATION DOES NOT AFFECT YOUR OBLIGATION TO MAKE PAYMENTS DUE UNDER THIS AGREEMENT. UPON TERMINATION OF THE SERVICES FOR ANY REASON, YOUR CONTENT AND OTHER DATA WILL BE DELETED.

15. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENGER SOLUTIONS AND OUR AFFILIATES, OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUPPLIERS, AND LICENSORS (COLLECTIVELY, “SUPPLIERS”), DISCLAIM ALL WARRANTIES RELATED TO THE SERVICES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA LOSS, NON-INTERFERENCE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, THE ACCURACY, RELIABILTY, OR QUALITY OF CONTENT IN OR LINKED TO THE SERVICES, OR AFFECT OF ACCESSING OR USING THE SERVICES ON ANY DIGITAL EQUIPMENT.

SENGER SOLUTIONS AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES (i) THAT THE SERVICES WILL BE FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, DESTRUCTION, OR THAT THEY ARE SECURE; (ii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; (iii) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES; (iv) AS TO THE SUCCESSFUL, ACCURATE, OR TIMELY DELIVERY OF ELECTRONIC OR OTHER COMMUNICATIONS; or (v) AS TO THE AFFECT OF ACCESS TO OR USE OF THE SERVICES ON OR WITH ANY DIGITAL EQUIPMENT. SENGER SOLUTIONS AND OUR SUPPLIERS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE INITIAL DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

SENGER SOLUTIONS AND OUR SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EVENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SENGER SOLUTIONS, ITS AFFILIATES, OWNERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, OR DAMAGES RELATED TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORREUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS, OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET OUR SYSTEM REQUIREMENTS, EVEN IF WE ARE IS AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT REQUIRED BY LAW, SENGER SOLUTIONS’ ENTIRE LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SENGER SOLUTIONS FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. THE ABOVE LIMITATIONS WILL (i) APPLY WHETHER AN ACTION IS CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY AND (ii) APPLY WHETHER OR NOT AMOUNTS MAY BE RECOVERED FROM SENGER SOLUTIONS’ INSURANCE COVERAGE.

THE PARTIES AGREE THAT THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF SENGER SOLUTIONS AND ITS AFFILIATES, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE. THE TERMS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Senger Solutions, our affiliates, and their respective owners, managers, officers, employees, contractors, agents, and representatives (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to: (a) your use of the Services; (b) any threatened or actual breach or violation of any term of this Agreement by you or any person accessing or using the Services through your account or with your authorization; and (c) any acts or omissions by you or any person accessing or using the Services through your account or with your authorization. The terms of this section shall survive any termination of this Agreement.

18. ARBITRATION

By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by Senger Solutions and will be held at the AAA location chosen by Senger Solutions in Washington. Payment of all filing, administrative, and arbitrator fees will be shared equally and governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Senger Solutions will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Senger Solutions alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Senger Solutions in violation of this paragraph, you agree to pay Senger Solutions’ reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.

19. GENERAL PROVISIONS

No Professional Advice. Senger Solutions is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice, and nothing in the Services shall be interpreted as such. You are advised to consult the services of a competent professional when you need this type of assistance.
Communications with You. Senger Solutions may be required by law to send you communications about the Services or third-party products. You agree that we may send these communications to you via email or by posting them on our websites.
Independent Contractor. The relationship of the parties hereto is that of independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
Governing Law; Jurisdiction. All questions concerning the construction, validity and interpretation of this Agreement will be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice of laws or conflict of laws provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Washington. The parties irrevocably consent to the jurisdiction and venue of the state and federal courts located in King County, Washington in connection with any action relating to this Agreement, and hereby waive all rights to a jury trial. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Disclaimer. Senger Solutions shall not be responsible for any damages your business may suffer. Senger Solutions makes no warranties of any kind, expressed, or implied for the Services. Senger Solutions disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Senger Solutions or our employees or agents.
Backups and Data Loss. Your use of the Services is at your sole risk. Senger Solutions’ backup service runs once daily and only one month of backups are retained at a time. This service is provided as a courtesy and may be modified or terminated at any time in our sole discretion, therefore, you are advised not to rely on these backups of your Content. We are not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Senger Solutions’ servers. We reserve the right to remove data deemed excessive with respect to normal disk space usage guidelines or any data found to be inactive for three (3) or more years. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.
Disclosure to Law Enforcement. Senger Solutions may disclose your information and/or content to law enforcement agencies without consent or notification to you upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
Entire Agreement; Binding Effect. The parties intend this Agreement, including documents and policies referenced herein and incorporated herein by reference, to constitute the complete, exclusive, and fully integrated statement of their agreement with respect to its subject matter; as such, this Agreement is the sole expression of their agreement, and they are not bound by any other agreements of whatsoever kind or nature. In the event of a discrepancy between this Agreement and the Privacy Policy, the terms of the Privacy Policy shall control. Each party intends to be bound by the terms of this Agreement, and agrees not to raise the fact that such party agreed to the terms hereof by electronic means as a defense to the enforcement of this Agreement or any amendment hereof.
Construction. The headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. As used herein, the plural includes the singular, the singular includes the plural and any reference to the gender of any person shall be deemed adjusted to connote the gender of the person intended to be designated by such reference. The words (a) “shall,” “will,” “must,” “agrees,” and “covenants” are each mandatory; (b) “may” is permissive; (c) “or” is not exclusive; and (d) “includes” and “including” are not limiting. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise.
Changes to the Agreement or the Services.
1. Changes to this Agreement. Senger Solutions may, in its sole discretion, modify, add, discontinue, or delete any portion of this Agreement at any time. If we have made significant changes to this Agreement, we will notify you concurrent with your next login to the Services and post a notice on the Senger Solutions website which will indicate the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
2. Changes to the Services. We shall have the right, in our sole discretion and with reasonable notice posted on our website and/or sent to you at your then-current administrator’s email address provided in the registration data, to at any time revise, update, change, discontinue, delete, or otherwise modify the Services and/or establish or change limits concerning use of the Services, temporarily or permanently, including but not limited to (A) the amount of storage space you have on the Service at any time, and (B) the number of times (and the maximum duration for which) you may access the Services in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or customer data or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject such changes by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
3. Maintenance. We may, from time to time, perform maintenance upon the Services resulting in interrupted service, delays, or errors in the Services. We will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
Manner of Giving Notice. All notices, permissions and approvals given under this Agreement shall be in writing and shall be deemed to have been provided upon: (a) personal delivery; (b) the third business day after first class mailing; or (c) one business day after receipt of an email sent to the email address of notice; (d) three business days after mailing by nationally recognized overnight courier; or (e) one week after international express mailing. All notices to Senger Solutions shall be addressed to Customer Services, Senger Solutions, LLC, 957 Cool Road, Camano Island, Washington 98272 or sent electronically to admin@tcDocs.com. Billing-related notices to you shall be addressed to the billing contact or email address designated in your account. Other notices to you shall be posted on the tcDocs’ website or addressed to you as provided in the registration process.
Severability. If any provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other provisions of this Agreement will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by this Agreement is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Waiver. No failure or delay by you or Senger Solutions to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors. You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Senger Solutions; any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Senger Solutions may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) and including providing the Services, if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, pandemics, epidemics, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment, material, or information required for such party to perform its obligations hereunder.
Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
Survival. The provisions of Sections 1 through 7, 9, 10(F), 11, 12(C), and 13 through 18 will survive any termination or expiration of this Agreement or the Services.