License and Limited Warranty

This agreement is entered between you, the end-user, and Stamp Your Documents, Inc., (“SYD”). SYD owns and operates the website: www.stampyourdocuments.com, as well as the Stamp Your Documents Software and Services provided therein. The consideration for this contract is your use of SYD’s software and services in exchange for the payment and/or goodwill received by SYD. By using our services and installing our Software you hereby agree to the terms contained within.

Recitals: General Description of our Service and Software
SYD’s software, using a hashing algorithm, creates a semi-unique “hash” code (akin to a fingerprint) of a file you as the user specify. This “hash” is practically impossible to be the same as a hash of a file with similar contents (even if the files are only one “bit” different). Further, at the time of the creation of this software, it is practically impossible to modify a file in such a way as to result in a hash that is identical to a target hash without knowing the contents of the file used to create the target hash. In addition, at the time of the creation of this software, it is practically impossible to re-create a file from a hash unless you speculate as to the contents of the file and then calculate the hash of the speculative file. In summary, this hash serves as a way to take a file of any size, and quasi-uniquely represent it in a few hundred bytes in a way that does not disclose the contents of a sufficiently complex file.

This hash is then sent over a secure connection to SYD’s servers where it is recorded in our database. If the hash is unable to be sent, the hash is saved to your hard drive, and can be sent either manually, or at a regular scheduled interval as selected by the user. At any time, notwithstanding problems with SYD’s servers, the user can log into the server, and manually check to make sure SYD received the hash.

Depending on the volume of hashes SYD has received, SYD sends the collected hashes from all of the users using SYD’s service in one document to the United States Copyright Office. SYD also updates their servers to indicate SYD has sent the document so that a user can recover the document from the Copyright Office, and also so they can be certain that their “hash” codes were indeed sent. It may take several months, or more, for the Copyright Office to process the documents SYD has sent to them.

Importantly, hash codes are sensitive to even minor changes in the file. Just one change will result in a markedly different hash. As such, the hashes are only valid if you have a perfect digital copy of the file from which you created the hash. SYD does not guarantee that your files won’t change, nor does SYD provide a service at this time that serves to backup your files at all. All the files that you create a “hash” for are left on your computer, and are never transferred to SYD’s servers and are never within our control.

No implied or explicit covenant in the above recitals shall supersede the covenants listed below.

1) Warranty and Limitation on Damages
SYD only warrants that they will make a good faith effort to store and submit your hashes to the Copyright Office. SYD makes no other warranties, express or implied, and no agent of SYD’s is authorized to make such warranties, expressly or impliedly, either in writing or orally. SYD disclaims any and all liability arising from a failure to submit your hash to the copyright office if you do not check SYD’s website, www.stampyourdocuments.com, to confirm SYD has submitted the hash to the Copyright Office. If SYD’s website does not indicate that that specific hash was submitted, then it is your duty to re-submit the hash, and again check to see if it was submitted to the Copyright Office, ad infinitum. SYD’s liability for all acts and omissions, except intentional torts, and including but not limited to negligence, products liability, or breach of contract, which arise out of the same transaction or occurrence, shall in no event exceed the price paid for our services. Our service is meant as a convenience, and is not fool proof. We believe that SYD’s service is highly effective if you check SYD’s website to confirm your document hash was sent to the Copyright Office; however, if your documents are extremely valuable, another method of recordation might be more appropriate. In no way do we assume the liability for any consequential or incidental damages, whether foreseeable or not, arising from non-intentional torts.

Because it is so difficult to anticipate the environment of every user’s computer, SYD only warrants that we made a good faith effort to implement the hashing algorithm our software uses. Further, we warrant that we made a good faith effort to develop software that properly transfers the hash to our server, copies your document to a location which can be specified by the user, and otherwise functions as described. Notwithstanding the previous sentences of this paragraph, we disclaim all warranties, express and implied with regard to our software. No agent of SYD’s is authorized to make such warranties, expressly or impliedly, either in writing or orally. SYD software is provided free of charge to users of our service, and SYD’s service uses open protocols which could be used without this software. Finally, as stated in the preceding paragraph, SYD’s liability for all acts and omissions, except intentional torts, and including but not limited to negligence, products liability, or breach of contract, which arise out of the same transaction or occurrence, shall in no event exceed the price paid for our services. In no way do we assume the liability for any consequential or incidental damages, whether foreseeable or not, arising from non-intentional torts.

2) Limitation on Your Liability
Your liability for all acts and omissions, except intentional torts, and including but not limited to negligence or breach of contract, which arise out of the same transaction or occurrence, shall in no event exceed the price paid for our services. In no way do you assume the liability for any consequential or incidental damages, whether foreseeable or not, arising from non-intention torts.

3) Binding Arbitration
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

4) Written Demand Preceding Arbitration
Before bringing any arbitration claim for damages, the complaining party agrees to send an e-mail to the other party containing the substance of the complaint with the subject line of exactly: “Written Warranty Claim”. Parties agree that SYD can only be e-mailed at service@stampyourdocuments.com, and the end-user can be reached only at the e-mail address registered with www.stampyourdocuments.com. Parties agree to give three business days time to respond before proceeding with an arbitration claim.

5) No Legal Assertions
SYD is not a provider of legal advice, nor is SYD authorized to do so. SYD cannot guarantee any of the express or implied legal implications of recording your document’s hash. However, SYD does have a good faith belief that in concert with expert testimony, a document hash verified by an affidavit may be admissible in a court of law as some evidence of the creation date of a document. To the best of SYD’s knowledge, this principle has never been tested in any court of law. Please do not rely on the preceding legal conjecture, rather do the legal research for yourself, or contact an attorney.

6) Testimony at Trial / Affidavit
In the event that an agent for SYD is subpoenaed by a judge (either for a deposition, hearing, or trial) for the purpose of explaining SYD’s service, verifying a document whose hash you have submitted to SYD’s service, or otherwise appearing in a case in which we are not a principal party, you agree to compensate SYD $1,000/day and $1/mile of travel reasonably required to appear. Even if a third party to this contract, or a judge requests the subpoena, the appearance fees are still due.

SYD will supply affidavits describing our services, and listing the hash, the date, and the time your document was submitted. The fee for this service is $50.00 plus postage. SYD does not offer its services as an expert witness.

7) Forum-Selection Clause
If the arbitration clause of this contract is invalidated for any reason, parties agree that the proper jurisdiction over anything arising out of the relationship between the parties is California, and proper venue is the Los Angeles Superior Court, or the Federal Central District of California.

8) Choice of Law
If the arbitration clause of this contract is invalidated for any reason, in the interest of certainty parties agree that the laws of California shall be used to resolve all controversies between the parties.

9) Acceptable Use
You can use SYD’s software while you have an active account that allows you to submit hashes to SYD’s servers. You cannot use this software if you do not have an active account on StampYourDocuments.com that allows you to submit hashes to SYD’s servers. Under no circumstance can you disassemble, redistribute, or otherwise use the software in a manner inconsistent with its ordinary and patent use of “stamping” documents.

10) Closed Source
End-user agrees not to request the source code of SYD’s software in a judicial forum or during arbitration. End-user recognizes the compelling interest SYD has in keeping said source code private as a trade secret.

11) Attorney’s Fees
In the event that either party brings an action in court, and said action is then sent to an arbitrator pursuant to the arbitration clause, or is dismissed because there was no written demand, the complaining party who brought the suit in court shall be liable to the opposing for all reasonable attorney’s fees accrued challenging said parties foray into the court system.

12) Indemnification
End-user agrees to indemnify and hold harmless SYD from any and all actions arising out the use of SYD’s software and services.

13) Privacy Policy
Our privacy policy can be found at www.stampyourdocuments.com/terms/.

14) Terms of Use of our Website
The terms of use of our website can be found at www.stampyourdocuments.com/terms/.

15) Copyright Violation
If SYD receives a valid Digital Millennium Copyright Act takedown notice or otherwise has a good faith belief that the data you submitted to our services is copyrighted or otherwise illegal, we reserve the right to remove such content from our databases without compensating you in any way.

16) Refund Policy
The length of time you have to claim a refund, currently 15 days, is the time shown on www.stampyourdocuments.com/pricing.jsp as existed on the date and time you sign up for our service. It is difficult to recompile this Installer Program, and also we don't want two contradictory dates, hence the reason we incorporate by reference. This refund is your exclusive remedy for any dispute that is known or should have been known to you during this period, including but not limited to non-acceptance of these terms. SYD reserves the right to hold-back your hashes from the Copyright Office during this period for any reason, including but not limited to as an incentive to not cancel your membership. There are no other refunds besides those listed in this document and the documents it references.

17) Length of Retention of Hashes
When SYD has reliable information that you have requested a refund, such as an e-mail from your e-mail account, or a request for refund from SYD's website where you are logged in to, we will cancel your account and delete all the hashes in your account. As a result, if you request a refund, and it is granted, we will be unable to verify any of the hashes you had previously submitted. If you purchase a periodic membership, your access to our website member's area will be disabled, thus you will be unable to view your hashes after your membership expires. Assuming you do not request a refund, we will keep your hashes in our database at least until they are mailed to the Copyright Office.

18) Valuation of Memberships
The value of a term membership at any given time before the end of the term shall be pro-rated based upon the amount paid and the remainder of the term. Thus, a one-year membership that is seven months into the membership shall be valued at five/twelve’s the amount paid for that one year membership. The value at the end of the term is zero. The value of a lifetime membership shall the amount paid for that membership, minus the pro-rated cost of the equivalent yearly membership at time of payment multiplied by the fractional number of years into the lifetime membership. Thus if the lifetime membership is $199.95, and the equivalent yearly membership is $19.95, seven months into the membership, the value of the membership is $199.95 - $19.95 * (7/12) = $188.31.

19) Abuse
If SYD believes in good faith that you are abusing SYD’s system in any way, we reserve the right to block access to your account, delete any data you have submitted, and refund your money according to the above paragraph entitled “Valuation of Term and Lifetime Memberships.” Further, we may deduct any damages incurred by your abuse from this refund amount.

20) Change in Policies and Terms
SYD reserves the right to update our policies and terms from time to time, as often as we deem necessary. We shall immediately notify you of the changes by posting these new policies and terms to: www.stampyourdocuments.com/terms/. In the event you do not agree to the updated terms, please contact SYD within ninety days of the change, and notify SYD that you do no agree to the updated terms. After ninety days, these terms shall be deemed accepted. If you do timely contact SYD notifying us of your rejection of the terms, we shall have the option of waiving the applicability of the terms, and instead reverting to the last accepted terms, -or- SYD shall have the option of refunding your membership per the valuation in the above paragraph entitled “Valuation of Term and Lifetime Memberships.”

21) Class Action Prohibited
To the extent allowed by law, you and SYD agree that neither you or SYD will join any claim with the claim of any other person or entity in a lawsuit, arbitration, or other proceeding; that no claim either SYD or you has against the other shall be resolved on a class-wide basis; and that neither you or SYD will assert a claim in a representative capacity on behalf of anyone else. If for any reason the arbitration provision does not apply to a claim, both parties agree to waive trial by jury.

22) Zipper Clause
This contract shall pre-empt anything said on SYD’s website, except for the current terms located at www.stampyourdocuments.com/terms/. This contract is fully integrated and nothing is excluded. Neither party may orally modify this contract.

23) The provisions of this contract are severable and independent
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this contract which can be given effect without the invalid provision or application.