Terms of service
This is an agreement between You ( “You”) and PDFfiller Corporation, located at 1371 Beacon st., Suite 301, Brookline, MA 02445 (“PDFfiller”) regarding Your use of pdffiller.com (“pdffiller.com”) and the DaDaDocs by PDFfiller software and any associated documentation, software code, other materials made available by PDFfiller (collectively referred to in this agreement as the “DaDaDocs”). This terms of service agreement (“Agreement”) applies to any updates, supplements or support services for DaDaDocs, unless other terms accompany those items. If so, those other terms apply.
You are also bound by PDFfiller Terms of Service located: https://www.pdffiller.com/en/terms_of_services.htm
Your use of the DaDaDocs constitutes your binding legal agreement to these terms of service, which are subject to change at any time by PDFfiller. If you are not legally able to be bound by this Agreement, your use of DaDaDocs is prohibited. By accessing, installing, testing or otherwise using the DaDaDocs, You accept the terms of this Agreement and promise to comply. If You do not agree to the terms of this Agreement, do not access, install, test or otherwise use the DaDaDocs or PDFfiller.com
PDFfiller may change the terms of this Agreement from time to time, without liability to you. This Agreement, as amended, will be effective upon use of the DaDaDocs for all existing users immediately after posting of any amended terms on a marketplace and PDFfiller.com. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to the Agreement, you must stop using DaDaDocs and PDFfiller.com and terminate your account immediately. Please review the most current version of this Agreement from time to time, located in the DaDaDocs listing on a marketplace (or such successor URL as PDFfiller may provide), so that you will be apprised of any changes. Users in compliance with this Agreement shall have the following rights.
SCOPE OF LICENSE
The DaDaDocs is licensed, not sold. This Agreement only gives You some rights to use the DaDaDocs. PDFfiller reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the DaDaDocs only as expressly permitted in this Agreement. In doing so, You must comply with any technical limitations in the DaDaDocs that only allow You to use it in certain ways. You may not
a) reverse engineer, decompile or disassemble the DaDaDocs, except and only to the extent that applicable law expressly permits, despite this limitation;
b) make more copies of the DaDaDocs than specified in this Agreement, except and only to the extent applicable law expressly permits, despite this limitation;
c) publish the DaDaDocs for others to copy; or
d) rent, lease or lend the DaDaDocs.
LIMITATION ON USE
Subject to the terms and conditions of this Agreement, PDFfiller grants you a non-exclusive, non- transferable, non-sublicensable limited and revocable license to use DaDaDocs for the sole and exclusive purposes of your personal or internal business purposes. You may not rent, lease or lend any of Your rights in DaDaDocs or access to the Services. Certain third party code may be provided with, or contained in DaDaDocs. The third-party license terms accompanying such code, and not the terms of this Agreement, will govern your use of such code. PDFfiller reserves all other rights to DaDaDocs.
DaDaDocs contains valuable trade secrets of PDFfiller and its licensors, and accordingly you agree not to (and agree not to allow third parties to) (1) sublicense, transfer, or distribute any aspect of the Products or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the Product, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Product, (4) extract portions of the software’s files for use in other applications, or (5) remove, obscure, or alter PDFfiller’s or any third party’s trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through DaDaDocs.
ACCEPTABLE USE & CONDUCT
You are solely responsible for your conduct and data content uploaded or otherwise placed into your DaDaDocs account. We are not responsible for the legality and appropriateness of information in DaDaDocs and PDFfiller.com, which you may be able to access or view through your use. You agree to indemnify, defend, and hold harmless PDFfiller and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of DaDaDocs and PDFfiller.com, or your violation of these terms.
DaDaDocs is made available to you only for your personal or internal business use, which use must be in compliance with all applicable PDFfiller policies, laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Products, including but not limited to selling, licensing, providing services, or distributing the Products to any third party unless receiving the express written consent of PDFfiller, Inc.
Any unauthorized use of any PDFfiller computer system is a violation of this Agreement and may also violate certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties. PDFfiller may immediately remove any content or data, or suspend or cancel accounts if it becomes aware of any misuse or illegal actions associated with an account or user, without prior notice to You.
You must use DaDaDocs responsibly and in a way that will not interfere with the use, privacy or rights of others. When using DaDaDocs, you must not, and must not attempt to, use the services to:
a. copy or upload files or information unless you have a legal right to the files or information;
b. probe, scan, or test the vulnerability of any system, or attempt to circumvent any security or authentication measures;
c. access, tamper with, or use non-public areas of DaDaDocs or attempt to access or search DaDaDocs or PDFfiller.com through nonpublic interfaces;
d. attempt to disrupt any user or network by sending a virus, malware, overloading, flooding, spamming, or mail-bombing;
e. send unsolicited communications, promotions or advertisements, or spam;
f. send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
g. publish anything that is fraudulent, misleading, or infringes another’s rights misrepresent yourself or affiliation with an entity;
h. publish or share materials that are offensive, defamatory, or unlawful;
TERMINATION FOR NONCOMPLIANCE
This Agreement is effective upon any use and remains in effect until your account is terminated. Terms that by their nature extend beyond termination shall survive termination of this Agreement.
Your right to use DaDaDocs automatically terminates if you fail to comply with your responsibilities under this agreement. PDFfiller reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. You agree that, upon such termination, you will discontinue all use of DaDaDocs and PDFfiller.com and that your access rights will immediately terminate. Your data will be deleted upon such termination.
PDFfiller’s customer support is available 24/7/365 days a week via live chat and email. To contact our support team please visit: https://www.pdffiller.com/en/support.htm. Our response time and availability are subject to the limitations of your subscription type.
PDFfiller’s customer support will only handle issues relating to DaDaDocs and PDFfiller.com.
Your use of PDFfiller’s Support Services will be governed by then-current PDFfiller policies. With respect to any technical or other information You provide to PDFfiller in connection with the Support Services, You agree that PDFfiller has an unrestricted right to use such information for its business purposes, including for DaDaDocs support and development. PDFfiller will not use such information in a form that personally identifies You.
If you have comments or feedback on DaDaDocs or ideas on how to improve them, please email email@example.com. Please note that by doing so, you also grant PDFfiller a perpetual, fully paid, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into DaDaDocs (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation.
FEES, BILLING & CANCELLATION
a) Free Trial Accounts
PDFfiller now offers a free account option for DaDaDocs for 14 days. Trial accounts may have limited usage and functionality. PDFfiller reserves the right to change the free account structure or terminate free accounts at any time. PDFfiller may, at times, award your account additional features or usage through various promotions, such as a referral program. You must follow the rules and restrictions of any such promotion to be eligible, and such additional features or usage are subject to the same restrictions contained in these terms.
Please note that Free Trial accounts that will not be converted to Paid Accounts by the expiration of the trial period will lose all data stored in those accounts.
b) Paid Accounts
In order to purchase an Account, please contact our Sales Team at firstname.lastname@example.org.
c) Billing - Auto Renewal
The fees for any paid accounts will be billed from the date you elect, or convert to a paid account and on each renewal thereafter unless and until you cancel your account. PDFfiller will automatically bill you by credit card or otherwise if agreed upon each period on the anniversary of the commencement of your paid account. You acknowledge that the amount billed in any given period may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge you for such varying amounts. All fees and charges are noncancelable and nonrefundable and no credits will be given for partially used periods, unless otherwise agreed to.
Should you elect to Upgrade your Account, or purchase additional seats, the additional balance will be charged to your selected payment method. Your additional balance will be prorated for the number of days remaining on your current payment period. New subscription price will be billed going forward on the the anniversary of the original payment.
e) Price Changes
PDFfiller reserves the right to change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email or on the website. If you want to use a different payment method, you may edit your information by accessing your “Account” page at:https://www.pdffiller.com/en/account/?op=account_info or contacting a support representative. It is your responsibility to keep your contact information and payment information current and updated.
f) Cancellation for Non-Payment
If any fee is not paid in a timely manner, or PDFfiller is unable to process your transaction using the information provided, PDFfiller reserves the right to revoke access to your DaDaDocs account. PDFfiller reserves the right to use our discretion to delete some or all of Your data in order to prevent incurring continued costs after 30 days of delinquency.
g) Cancelling Your Account
Your PDFfiller Paid Account will continue in effect unless and until you cancel your Paid Account or we terminate it. You must cancel your Paid Account before it renews each year in order to avoid billing of the next year’s fees to your credit card. PDFfiller will bill the yearly fees associated with your Paid Account plus any applicable tax to your preferred payment method.
You may cancel your Paid Account at any time, and cancellation will be effective immediately. If you wish to cancel your Paid Account you may do so via your “Account” page - https://www.pdffiller.com/en/account.htm?op=payment_options or by contacting our customer support representative. Should you elect to cancel your Paid Account, please note that you will not be issued a refund for the most recently (or any previously) charged annual fees.
By signing up for a Paid Account and providing PDFfiller with your payment account information, you hereby agree to these payment terms and conditions.
TERMINATION OR MODIFICATION OF DaDaDocs
PDFfiller reserves the right to discontinue offering the DaDaDocs, or to modify the DaDaDocs, at any time in its sole discretion. If You are dissatisfied with any aspect of the DaDaDocs, at any time, Your sole and exclusive remedy is to cease using them. Notwithstanding anything contained in the Agreement to the contrary, PDFfiller may also, in its sole discretion, terminate or suspend Your access at any time. You acknowledge that termination and/or monetary damages may not be a sufficient remedy if You breach this Agreement and that PDFfiller will be entitled, without waiving any other rights or remedies, to injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction in the event of a breach. This Section and other sections will survive termination of this Agreement or any discontinuation of the offering of the DaDaDocs, along with any other provisions that would reasonably be deemed to survive such events.
When you use DaDaDocs, you agree that PDFfiller may duplicate and store your data, information, files and folders in accordance with PDFfiller’s policies and this Agreement. All information You provide to PDFfiller remains your property. By uploading or inputting any document or file into DaDaDocs, regardless of form or content, you grant PDFfiller a license to use that document as necessary to provide the services included in DaDaDocs and your PDFfiller subscription. Any electronic information or recording created on or through DaDaDocs is the property of PDFfiller.
We may also need to share your data, information, files and folders with third parties who assist us in providing the service. You hereby consent to such sharing. In addition, DaDaDocs may contain links to third party websites or resources. Your use of the third party materials is governed by their terms and not this Agreement. We are not responsible for or endorse these third parties.
You are responsible for maintaining and protecting your data in DaDaDocs and PDFfiller is not responsible for any loss or corruption to your files or information or for backing up such information.
If you have a question, comment, dispute or complaint related to your privacy while using DaDaDocs or PDFfiller.com, please contact us at email@example.com.
ACCOUNTS, PASSWORDS & SECURITY
You must be a registered user to access the Product. Individual users must register using their name and entity users must register under the legal name of their entity. You are responsible for keeping your password private and secure, and are prohibited from sharing your login and password with others. You will be solely responsible and liable for any activity that occurs under your user name.
We take industry standard precautions through administrative, technical and physical measures to protect your Personal Information, Non-Personal Information and Private Data Files against loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction.
We use Secure Sockets Layer (SSL) encryption on all web pages that collect any Personal Information. Using an SSL-enabled browser such as Chrome, Firefox, Safari or Internet Explorer is required when your Personal Information is transmitted over the Internet.
When you use some features of DaDaDocs, such as sending files, sharing files, using LinkToFill to host files: the Personal Information, Non Personal Information, and data that you enter into your files and cover letters is visible to people you share it with. This data can thus be read, collected, or used. You are responsible for the information you disclose in this way.
We take reasonable steps to ensure the integrity and security of our network and systems but cannot guarantee these security measures will prevent third-parties from obtaining Personal Information, Non Personal Information and Private Data Files by illegal actions or attacks. Should such an attack occur, we will notify you in accordance with local law and we will supply the appropriate authorities with available information on the third party in the event the attack comes under prosecution.
We reserve the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Your continued use of DaDaDocs and PDFfiller.com will signify your acceptance and consent to all current policies and agreements.
PDFfiller is not intended for use by persons under the age of 18 years old. By accepting these terms you represent that you are at least 18 years old.
THE DaDaDocs IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE DaDaDocs. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
RESERVATION OF RIGHTS
Except for the licenses expressly granted under this Agreement, PDFfiller and its suppliers retain all right, title and interest in and to the DaDaDocs, APIs, Services, and all intellectual property rights therein. You are not authorized to alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided under this Agreement except as explicitly provided in this Agreement or approved in advance in writing by PDFfiller.
COPYRIGHT & INTELLECTUAL POLICY TAKEDOWN POLICY
When using DaDaDocs, you must respect the intellectual property rights of others. We will respond to any notice of alleged copyright infringement if they comply with the law and are properly reported to us. We reserve the right (but not an obligation) to delete or disable content alleged to infringe and our designated agent for alleged infringement is:
1371 Beacon st., Suite 301
Brookline, MA 02446
If you believe that a certain Landing page infringes your copyright or your trademark, please let us know by sending us an IP infringement notice.
For copyright notices, your notice must meet all requirements of the Digital Millennium Copyright Act (“DMCA”)(described below).
For trademark infringement notices, you must provide us with clear information about the location of the allegedly infringing work, complete information about your trademark, and your contact information (name, physical address, email address and telephone number).
You can send us a DMCA Notice or Trademark Notice by mail, email or via fax to:
1371 Beacon st., Suite 301
Brighton MA, 02446
Fax: (617) 663 6633
Our full DMCA policy can be found here: https://www.pdffiller.com/en/dmca.htm
If we change this contract, then we will give you notice before the change is in force by email or on our website. If you do not agree to these changes, then you must cancel and stop using the DaDaDocs before the changes are in force. If you do not stop using the DaDaDocs then your use of the DaDaDocs will continue under the changed contract.
This Agreement, and any applicable TOS or contract for Services, are the entire Agreement with respect to the DaDaDocs. They supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter and prevails over any conflicting terms or conditions contained on printed forms submitted with purchase orders, sales acknowledgments or quotations.
Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
If any term or condition of this Agreement is deemed to be illegal or unenforceable under any rule of law, all other terms will remain in force. Further, such provision will be reformed only to the extent necessary to make it enforceable and the term or condition, which is held to be illegal or unenforceable will remain in effect as far as possible in accordance with the intention of the parties.
This Agreement describes certain legal rights. You may have other rights under the laws of Your country. This Agreement does not change Your rights under the laws of Your country if the laws of Your country do not permit it to do so.
FERPA ACCOUNTS TERMS
"FERPA" means the Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and the Family Educational Rights and Privacy Act Regulations (34 CFR Part 99), as amended or otherwise modified from time to time.
The parties acknowledge that (a) customer data may include personally identifiable information from education records that are subject to FERPA (³FERPA Records²); and (b) to the extent that customer data includes FERPA Records, Barracuda will be considered a School Official² (as that term is used in FERPA and its implementing regulations) and will comply with FERPA.
AGENCY & ASSIGNMENT
Nothing in this Agreement will be construed to place the parties hereto in an agency, employment, franchise, joint venture, or partnership relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties. Neither party will represent to the contrary, either expressly, implicitly or otherwise.
User may not assign this Agreement without the prior written consent of. Any purported assignment in contravention of this section is null and void. A transfer of a controlling interest in the equity of User will be deemed an assignment for purposes of this subsection. Subject to the foregoing, this Agreement will bind and inure to the benefit of any successors or assigns.
48 CFR - FEDERAL ACQUISITIONS REGULATIONS
The Services provided to User hereunder are "commercial items" as that term is defined at 48 C.F.R. 2.101 (October 1995) consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept 1995) and are provided to the U.S. Government only as a commercial end item. All U.S. Government End User's rights to access and use the Services are set forth in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202 (June 1995).
IN THE EVENT OF A DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, DADADOCS, PDFFILLER.COM OR TO PDFFILLER, THE COMPLAINING PARTY SHALL NOTIFY PDFFILLER IN WRITING THEREOF. WITHIN THIRTY (30) DAYS OF SUCH NOTICE, BOTH PARTIES SHALL MEET AT AN AGREED LOCATION IN BOSTON, MASSACHUSETTS OR VIA PHONE CONFERENCE OR OTHER PHONE OR INTERNET SERVICE TO ATTEMPT TO RESOLVE THE DISPUTE IN GOOD FAITH. SHOULD THE DISPUTE NOT BE RESOLVED WITHIN THIRTY (30) DAYS AFTER SUCH NOTICE, THE COMPLAINING PARTY SHALL SEEK REMEDIES EXCLUSIVELY THROUGH ARBITRATION, IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT TO THE EXTENT APPLICABLE. THE DEMAND FOR ARBITRATION SHALL BE MADE WITHIN A REASONABLE TIME AFTER THE CLAIM, DISPUTE OR OTHER MATTER IN QUESTION HAS ARISEN, AND IN NO EVENT SHALL IT BE MADE AFTER THE MASSACHUSETTS STATUTE OF LIMITATION FOR THE AFORMENTIONED CLAIMS HAS LAPSED. THE PLACE OF THE ARBITRATION SHALL BE BOSTON, MASSACHUSETTS OR VIA TELEPHONE OR OTHER AGREED UPON MEANS OF COMMUNICATION. EACH PARTY SHALL BEAR ITS OWN COSTS AND FEES FOR THE ARBITRATION. THE ARBITRATORS' AWARD SHALL BE THE SOLE AND EXCLUSIVE REMEDY BETWEEN THE PARTIES.
WAIVER OF A RIGHT TO JOIN A CLASS
ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED ON A COLLECTIVE OR CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS (“CLASS ACTION WAIVER”). CLAIMS MAY NOT BE JOINED OR CONSOLIDATED UNLESS AGREED TO IN WRITING BY ALL PARTIES. THIS WAIVER OF JURY TRIAL SHALL REMAIN IN EFFECT EVEN IF THE CLASS ACTION WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE.
CHOICE OF LAW AND JURISDICTION
TO THE EXTENT ARBITRATION CLAUSE IS DEEMED NOT APPLICABLE OR UNENFORCEABLE, ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF THIS AGREEMENT, OR THE NEGOTIATION, VALIDITY OR PERFORMANCE OF THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT REGARD TO ITS RULES OF CONFLICT OF LAWS.
THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS WILL NOT APPLY TO THIS LICENSE AGREEMENT. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENTS TO SUBMIT TO THE SOLE AND EXCLUSIVE JURISDICTION OF THE COURTS OF THE COMMONWEALTH OF MASSACHUSETTS AND OF THE UNITED STATES OF AMERICA LOCATED IN THE COMMONWEALTH OF MASSACHUSETTS (THE “MASSACHUSETTS COURTS”) FOR ANY LITIGATION AMONG THE PARTIES HERETO ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE NEGOTIATION, VALIDITY OR PERFORMANCE OF THIS AGREEMENT, WAIVES ANY OBJECTION TO THE LAYING OF VENUE OF ANY SUCH LITIGATION IN THE MASSACHUSETTS COURTS AND AGREES NOT TO PLEAD OR CLAIM IN ANY MASSACHUSETTS COURT THAT SUCH LITIGATION BROUGHT THEREIN HAS BEEN BROUGHT IN ANY INCONVENIENT FORUM OR THAT THERE ARE INDISPENSABLE PARTIES TO SUCH LITIGATION THAT ARE NOT SUBJECT TO THE JURISDICTION OF THE MASSACHUSETTS COURTS.
1. As Is. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE IS PROVIDED "AS IS" AND PDFFILLER MAKES NO AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF THIRD PARTIES' INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS. THIS AGREEMENT IS NOT INTENDED TO, AND DOES NOT, EXPRESS OR IMPLY ANY WARRANTY THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. ANY USE OF THE SERVICES TO ENGAGE IN TRANSACTIONS OR COMMUNICATE WITH ANY CONTACTS OR OTHER THIRD PARTY IS AT USER'S SOLE RISK. PDFFILLER MAKES NO WARRANTY THAT USER'S USE OF THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH USER'S ACCESS OR USE OF THE SERVICE WILL MEET USER'S REQUIREMENTS.
2. Limitation of Liability. IN NO EVENT WILL PDFFILLER BE LIABLE FOR ANY LOST PROFITS, REVENUE OR DATA, OR OTHER INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THE SERVICES OR ANY ACCESS OR USE THEREOF. IN NO EVENT WILL PDFFILLER'S LIABILITY TO USER OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE OF THE APPLICABLE SERVICE PAID BY USER. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY, EVEN IF PDFFILLER HAS BEEN ADVISED, OR IS OTHERWISE AWARE, OF THE POSSIBILITY OF DAMAGES IN EXCESS OF SUCH LIMITATIONS AND EVEN IF THE WARRANTY REMEDY OF THIS SECTION FAILS OF ITS ESSENTIAL PURPOSE.
User and PDFfiller agree that the Disclaimers set herein and the Limitation of Liability of this Section are reasonable in light of the covenants, obligations and rights agreed to or granted under this Agreement.
SOME STATES AND COUNTRIES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER INDIRECT OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS OF THIS SECTION OF THIS AGREEMENT AND MAY NOT APPLY TO THE USER. IN SUCH STATES, THE LIABILITY OF PDFFILLER WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.