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DOCUFIDE SECURE TRANSCRIPT SERVICE AGREEMENT (STUDENT AGREEMENT)
Docufide, Inc. ("Docufide") is pleased to offer you its
Secure Transcript Service (the "Service") to deliver your
academic transcripts to the colleges or universities of your choice
on the following terms and conditions. By selecting the "accept"
button below, you agree to the following terms and conditions. If
you do not complete the on-line information below or if you do not
agree with these terms and conditions, you may not use the Service.
The Service operates in compliance with the Family Educational Rights
& Privacy Act ("FERPA") (20 U.S.C. Section 1232(g)).
If you are under the age of eighteen (18) years, your parent must
agree to and submit the registration form for the Service.
Your use of the Docufide Service is also subject to the terms and
conditions contained in the Terms
of Use, which govern the use of this Web site, and which Docufide
may modify from time to time. It is important that you understand
and are comfortable with the level of the privacy accorded your
transcripts and other personal information you provide. Please review
our Privacy Policy,
which Docufide may update from time to time, which explains what
measures we take to protect your personal information and what information
may be used.
1. PERMISSION. Upon your successful registration with Docufide,
you will be issued a user name and a user-selected password. Your
must use your user name and password combination in all of your
communications with Docufide, and you are responsible for all actions
taken for the use of your user name and password combination. By
using the Service you hereby grant Docufide the following rights:
A) to obtain your academic transcripts from your academic institution;
B) to send your academic transcripts to the colleges and universities
of your choice (i.e., those colleges and universities identified
in an instruction using your user name and password combination).
During the term of this Agreement, these rights will be exclusive
to Docufide, which means that you agree you will not authorize any
other non-educational commercial entity to obtain and send your
academic transcripts to colleges and universities.
2. PARENTAL CONSENT/COMPLIANCE WITH FERPA. Generally, FERPA requires
schools to obtain written permission from the parent before releasing
any information from the records of a student less than eighteen
(18) years of age. Once the student reaches eighteen (18) years
of age, or is attending an institution of postsecondary education,
the permission or consent of the parent is no longer required and
the parent is not entitled to authorize release such information.
If you are a high school student, you must have your parent register
for you unless the high school has granted you an exception and,
if required by the request form for the colleges and universities,
you must also have your parent submit the request form. In addition,
if you live in a State that requires a parent or legal guardian
to agree to this Agreement, you must have your parent or legal guardian
agree to this Agreement on your behalf in compliance with your State's
laws. You agree that all information you provide to Doc ufide, including
your age and the identity of the party agreeing on your behalf,
will be true and accurate, and you will hold harmless, protect and
indemnify Docufide and its customer schools from any damages that
may result from any and all inaccurate or untrue data that you provide.
When you (or your parent, if necessary) agree to this Agreement,
you agree that it shall serve as your (or your parent's, if necessary)
written agreement and consent under FERPA. If this Agreement is
entered into by the student (rather than the parent), you hereby
represent that you are over eighteen (18) years of age or are a
postsecondary student.
3. FEES. The Service requires you to pay an authorization and processing
fee for each transmission of your academic transcript, as set forth
on the Web site.
4. DELIVERY OF TRANSCRIPTS. You will receive a notice from Docufide
as to each college or university to which your academic transcript
is transmitted, so you will know when the transmission occurred.
All transmissions of your academic transcripts will be performed
in a secure and confidential manner as set forth in Docufide's Privacy
Policy, and with the same content as Docufide receives from your
academic institution. Docufide is not responsible for the content
or accuracy of your transcript as it is received from your academic
institution, and is not responsible for the content, accuracy or
use of your transcript after Docufide delivers it to the college
or university. You agree to hold harmless, protect and indemnify
Docufide from any damages that may result from any incorrect information
or misuse of your academic transcripts, if any, which are not caused
by the System.
5. TERMINATION. Either party may terminate this Agreement for any
reason upon thirty (30) days' prior written notice to the other,
which may be delivered by e-mail. Upon termination, Docufide shall
no longer maintain your records and you may no longer use the Service.
Sections 6 though 8 and any indemnification or hold harmless provisions
hereunder shall survive any termination of this Agreement.
6. DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE
IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. DOCUFIDE
MAKES NO OTHER WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING
THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT,
TIMELINESS, ABILITY TO USE THE SERVICE, ACCURACY OR LOSS OF DATA.
Docufide has no influence over the colleges' and universities' application
processes and makes no representations that your use of the Service
will increase your chances of being accepted by any particular college
or university.
7. LIMITATION OF LIABILITY. DOCUFIDE WILL NOT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES,
EVEN IF DOCUFIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DOCUFIDE'S TOTAL LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE
FORM OF ACTION, WILL NOT EXCEED THE GREATER OF THE AMOUNTS PAID
BY YOU TO DOCUFIDE HEREUNDER OR FIFTY DOLLARS ($50.00). THE LIMITATIONS
OF LIABILITY CONTAINED IN THIS AGREEMENT ARE A FUNDAMENTAL PART
OF THE BASIS OF EACH PARTY'S BARGAIN HEREUNDER. NO ACTION MAY BE
BROUGHT AGAINST DOCUFIDE UNDER THIS AGREEMENT LATER THAN ONE YEAR
AFTER THE OCCURRENCE OF THE INCIDENT GIVING RISE TO THE CLAIM.
8. GENERAL. Docufide is the exclusive owner of the Service and all
constituent parts thereof and all intellectual property rights therein.
Docufide shall also own any comments, feedback, suggestions or ideas
you disclose submit or offer to Docufide in connection with your
use of the Service and Docufide Web site. You may not reverse engineer,
decompile, or create derivative works of the Service or any of its
constituent parts. Except as may be otherwise stated or incorporated
herein, this Agreement constitutes the complete and exclusive understanding
and agreement of the parties relating to the subject matter hereof
and supersedes all prior negotiations, communications, understanding
and agreements among the parties. This Agreement may only be modified
in a writing or electronic communication signed (or using user name
and password combination) by both parties. This Agreement does not
create any employment, partnership or other similar or special relationship
between the parties. You are solely responsible for any expenses,
claims, lawsuits or damages arising out of your acts. If any provision
of this Agreement is held by a court of competent jurisdiction to
be unenforceable or invalid, the provision will be enforced to the
maximum extent permissible and the remaining provisions of this
Agreement shall remain in full force and effect. This Agreement
shall be governed by the laws of the State of California without
reference to its conflicts of law principles, and subject to the
exclusive jurisdiction of the courts located in Los Angeles County,
California. Any notice required or permitted to be given under this
Agreement shall be delivered by email to the other party at the
email addresses provided, and if to Docufide a confirming copy of
such notices must also be sent by registered or certified mail,
postage prepaid, return receipt requested, to Docufide at the address
first set forth on the home page of Docufide's Web site. Notice
so given shall be deemed effective when received, or if not received
by reason of fault of the addressee, when delivered. You may not
assign or transfer your rights or obligations under this Agreement.
9. DOCUFIDE'S CUSTOMER CONTACT. If you have any questions concerning
these terms and conditions, or if you would like to contact Docufide
for any other reason, please email our customer service department.
Please print a copy of this Agreement for your records and store
it in a safe place.
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