Terms of Service

FileAndGo Terms of Service and User Agreement

This User Agreement (“Agreement”) governs your access and use of the FileAndGo online document recording application and services (“FileAndGo Services”) provided by The Novia Group, Inc. (“Novia Group”, “us”, “we”). Please read this Agreement carefully before accepting.  By clicking on the “I Accept” button, You are agreeing to be legally bound by all of the terms and conditions of this Agreement. If You are entering into this Agreement for an entity (such as the company you work for), You agree that you have authority to bind that entity. As used in this Agreement, “You” or “Your” includes You and the entity for which you work, if applicable.

1. Definitions

– “Authorized User” means you or your employees, agents or consultants permitted to access the FileAndGo Services under your account.

– “Content” means documents, data, records, materials or information submitted through the FileAndGo Services.

– “Credentials” means unique login credentials assigned to each Authorized User.

– “Enhancements” means updates, upgrades, new releases or other changes to the FileAndGo Services.

– “Site” means the fileandgo.com website and associated domains owned by Novia Group.

– “Third Party Content” means any content, software or services provided by third parties and integrated into the FileAndGo Services.

 

2. Limited License & Restrictions

2.1 Novia Group grants you a limited, revocable, non-exclusive, non-transferable license for your Authorized Users to access and use the FileAndGo Services solely for your internal business purposes during this Agreement.

 

2.2 You shall not, and not permit others to:

(a) Modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell the FileAndGo Services or Content;

(b) Reverse engineer, decompile or disassemble any part of the FileAndGo Services;

(c) Remove any proprietary notices on the FileAndGo Services;

(d) Enable access to the FileAndGo Services to anyone besides Authorized Users;

(e) Use the FileAndGo Services for any unlawful purpose; or

(f) Interfere with or disrupt the FileAndGo Services or servers/networks connected to the Services.

 

2.3 Your use of Third Party Content is governed by separate third party terms.

 

3. Account & Credentials

3.1 Each Authorized User will be issued unique Credentials. You are responsible for maintaining Credentials confidentiality.

3.2 You are responsible for all activity occurring under your accounts and Credentials, whether authorized by you or not.

3.3 You must promptly notify Novia Group of any unauthorized use of accounts or Credentials.

 

4. Your Responsibilities

4.1 You are solely responsible for the accuracy, quality, legality and completeness of all Content submitted by you or your Authorized Users.

4.2 You represent and warrant that you own or have proper rights to submit the Content and that use of the Content does not violate any laws or third party rights.

4.3 You shall comply with all applicable laws, regulations, court rules and recording jurisdiction requirements when using the FileAndGo Services.

 

5. Content & Records

5.1 Novia Group does not verify or control the Content. We make no guarantees regarding the ability to record Content in all jurisdictions.

5.2 You are solely responsible for retaining original documents and verifying acceptance by recording jurisdictions.

5.3 You grant Novia Group a perpetual license to use, copy, modify and display the Content solely to provide the FileAndGo Services.

 

6. Proprietary Rights

The FileAndGo Services, Site, and associated software, technology, documentation and materials (“Novia Materials”) contain Novia Group’s proprietary information and are protected by intellectual property laws. This Agreement gives you no intellectual property rights in Novia Materials, which remain Novia Group’s exclusive property.

 

7. Third Party Content/Links

The FileAndGo Services may integrate or link to third party content, sites and services. Novia Group has no control over and disclaims all responsibility for such third party materials.

 

8. Privacy

Novia Group’s collection and use of data is governed by the FileAndGo Privacy Policy at www.fileandgo.com/privacy

 

9. DISCLAIMERS

THE FILEANDGO SERVICES AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. NOVIA GROUP DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

10. Limitations of Liability

10.1 NOVIA GROUP WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE FILEANDGO SERVICES.

10.2 NOVIA GROUP’S TOTAL AGGREGATE LIABILITY IS LIMITED TO SERVICE FEES PAID BY YOU FOR THE FILEANDGO SERVICES IN THE 3 MONTHS PRECEDING THE CLAIM.

 

11. Indemnification

You will defend, indemnify and hold harmless Novia Group from all claims, losses, expenses (including attorneys’ fees) arising from: (a) your breach of this Agreement; (b) your Content; or (c) your use of the FileAndGo Services.

 

12. General

12.1 Governing Law & Arbitration: This Agreement is governed by Texas law without regard to conflicts of law principles. Any disputes will be resolved by binding arbitration, except Novia Group may seek injunctive relief in court.

12.2 Modifications: Novia Group may update this Agreement by posting a new version on the Site, which becomes effective 15 days after posting. Your continued use constitutes acceptance.

12.3 Entire Agreement: This Agreement is the entire agreement between the parties regarding the FileAndGo Services and supersedes any prior agreements or understandings.

 

Please indicate your acceptance by clicking “I Accept” upon account creation. This grants you a license to access the FileAndGo Services in accordance with this Agreement.