These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Intellidrafts, LLC provides Services that include an automated software solution to individuals who prepare legal documents. Intellidrafts, LLC collaborates with third-parties, such as bar associations, trade groups and other professional associations to develop and co-market the Services (our "Affiliates"). As part of the Services, we offer forms (the "Forms"). You understand that your download, and/or use of a Form is neither legal advice nor the practice of law, and that a Form and any applicable instructions or guidance is not necessarily customized to your particular needs. At no time do we or our Affiliates review your documents created from our Forms for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about legal rights, remedies, defenses, options, selection of Forms, or strategies, or apply the law to the facts of any particular situation. Neither Intellidrafts, LLC nor our Affiliates are a law firm and may not perform services performed by an attorney. Intellidrafts, LLC, its Services, and its Forms are not a substitute for the advice or services of an attorney. In the case of an attorney using the Site, the Services and Forms are not a substitute for your responsibility to be competent in the area of the law applicable to the Services or Forms you are using for yourself or on behalf of your client. In all cases, you should carefully review all documents created using the Forms before use in connection with your particular needs or, in the case of an attorney or other professional using the Site, those of your client.
Neither Intellidrafts, LLC nor our Affiliates can guarantee that all of the information on the Site or in the Forms is completely accurate or current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Intellidrafts, LLC provides can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Furthermore, this Site is not intended to create any attorney-client relationship, and your use of the Site does not and will not create an attorney-client relationship between you and Intellidrafts, LLC or you and our Affiliates.
2. Account Creation, User Name and Password. When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time or allow your user name or password to be used by anyone other than you. User names and passwords belong to individual users and are not to be shared among more than one individual user. In order to limit the unauthorized sharing of user names and passwords, Intellidrafts, LLC reserves the right to limit to two (2) the number of devices that may be used to access the Site using any given user name and password combination.
3. Ownership. The Site and the Services are owned and operated by Intellidrafts, LLC. All right, title and interest in and to the materials provided on the Site and Services, including but not limited to information, Forms, documents, logos, graphics, sounds and images (the "Materials") are owned either by Intellidrafts, LLC or by our respective third party authors, Affiliates, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Intellidrafts, LLC, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license of any of Intellidrafts, LLC's intellectual property rights, whether by estoppel, implication or otherwise. Intellidrafts, LLC does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Intellidrafts, LLC. Any rights not expressly granted herein are reserved by Intellidrafts, LLC.
4. Links to Third Party Sites. The Site and Services may contain links to websites controlled by parties other than Intellidrafts, LLC (each a "Third Party Site"), including without limitation links to other citations or resources with whom Intellidrafts, LLC is not affiliated. Neither Intellidrafts, LLC nor our Affiliates are responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Neither Intellidrafts, LLC nor our Affiliates make any guarantees about the content or quality of the products or services provided by such sites. Intellidrafts, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Intellidrafts, LLC or our Affiliates of the Third Party Site, nor does it imply that Intellidrafts, LLC or our Affiliates sponsor, are affiliated or associated with, guarantee, or are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither Intellidrafts, LLC nor our Affiliates are responsible for any loss or damage of any sort you may incur from dealing with a third party.
5. Use and License of Intellidrafts, LLC Forms. Intellidrafts, LLC grants you a limited, personal, non-exclusive, non-transferable license to use our Forms for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications of the Forms for your authorized use. You shall not remove any copyright notice from any Form. By downloading Forms, you agree that the Forms you download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Intellidrafts, LLC.
6. DISPUTE RESOLUTION BY BINDING ARBITRATION
We each agree to resolve all disputes and claims between us through binding arbitration rather than in a court. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
(a) Intellidrafts, LLC and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
§ claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
§ claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
§ claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to "Intellidrafts, LLC," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
You agree that, by entering into these Terms, you and Intellidrafts, LLC are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Intellidrafts, LLC should be addressed to: Intellidrafts, LLC, P.O. Box 157, El Reno, OK 73036 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Intellidrafts, LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Intellidrafts, LLC may commence an arbitration proceeding.
(c) The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association, as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (d) are for the court to decide. Unless Intellidrafts, LLC and you agree otherwise, any arbitration hearings will take place in Oklahoma County, OK.
(d) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND INTELLIDRAFTS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Intellidrafts, LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
8. Reviews, Comments, Communications, and Other Content.
(b) Intellidrafts, LLC is not the publisher or author of the User Content. Neither Intellidrafts, LLC nor our Affiliates take any responsibility and assume no liability for any content posted or saved by you or any third party. If Intellidrafts, LLC finds that files or processes associated with User Content pose a threat to the proper technical operation of the Site or Services or to the security of the same, Intellidrafts, LLC reserves the right to delete those files or to stop those processes. If Intellidrafts, LLC suspects a user name is being used by someone who is not authorized by the proper user, Intellidrafts, LLC may temporarily or permanently disable that user's access to the Site and/or Services. Intellidrafts, LLC has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
(c) You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post, save or transmit using any Service. In posting, saving or transmitting User Content, you agree that you will not submit any content:
§ that is known by you to be false, inaccurate or misleading;
§ that infringes anyone's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
§ that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising);
§ that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation;
§ that contains any computer virus, worms, or other potentially damaging computer programs or files;
9. NO WARRANTY. THE SITE, SERVICES, AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, INTELLIDRAFTS, LLC AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NEITHER INTELLIDRAFTS, LLC NOR OUR AFFILIATES MAKE ANY WARRANTY THAT: (A) THE SITE, SERVICES, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR THE MATERIALS WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE OR SERVICES OR IN RELIANCE ON THE SITE, SERVICES, OR THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. NEITHER INTELLIDRAFTS, LLC NOR OUR AFFILIATES SHALL HAVE ANY RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THE DOWNLOAD OF ANY MATERIALS OR SOFTWARE.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD INTELLIDRAFTS, LLC, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF INTELLIDRAFTS, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF INTELLIDRAFTS, LLC OR ITS AFFILIATES, IT WILL BE LIMITED TO THE AMOUNT YOU PAID INTELLIDRAFTS, LLC FOR THE PRODUCTS AND/OR SERVICES DURING THE TIME PERIOD THAT THE LIABILITY ACCRUED, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
11. Compliance with Intellectual Property Laws.
(a) When accessing the Site or using the Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Site and Services is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Intellidrafts, LLC user account.
(b) Copyright Infringement:
(i) Notice. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Intellidrafts, LLC to delete, edit, or disable the material in question, you must provide Intellidrafts, LLC with the following information in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit Intellidrafts, LLC to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The above written information must be sent to Intellidrafts, LLC, P.O. Box 157, El Reno, OK 73036.
(ii) Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Content, you may send a written counter-notice containing the following information to Intellidrafts, LLC, P.O. Box 157, El Reno, OK 73036: (1) Your physical or electronic signature; (2) Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Oklahoma City, OK, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Intellidrafts, LLC, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Intellidrafts, LLC's sole discretion.
13. Right to Refuse. You acknowledge that Intellidrafts, LLC reserves the right to refuse service to anyone and to cancel your access to the Site or Services at any time.
Updated: December 20, 2018