Customer Agreement Terms & Conditions
Terms and Conditions
January 21, 2015
The following Terms and Conditions govern the relationship between ProVault LLC Doing Business As Intake123 and the individuals, businesses, and organizations that use its services. ProVault LLC DBA Intake123 will refer to itself as Intake123. Professional services firms which contract with Intake123 for its primary application services will be referred to as Firms. Staff members of Firms will be referred to as Firm Members. Firm’s permitted clients will be referred to as Firm Clients. Independent parties who contract directly with Intake123 for services will be referred to as Independent Parties. Subscriber’s permitted third parties involved with the case will be referred to as Third Party Users. Marketing services such as vendor listings, ads, and lead programs will be referred to as Marketing Services. Individuals and businesses which contract with Intake123 for Marketing Services will be referred to as Vendor Subscribers, referred to as Individual Vendor Subscribers and Business Vendor Subscribers respectively. Individual Vendor Subscribers and staff members of Business Vendor Subscribers will be referred to as Vendor Users. Individuals who use Intake123’s forum will be called Forum Users. Collectively, Firms, Independent Parties, Vendor Subscribers, and Forum Users will be referred to as Subscribers. Firm Members, Firm Clients, Independent Parties, Third Party Users, Vendor Users, and Forum Users who use the services, will be referred to as End Users. The application and subscription which includes FamilyLaw.DivorceHelp123 and Intake123 will be referred to as FamilyLaw. The application and subscription which only includes Intake123 will be referred to as IntakeOnly. Marketing Services Vendors Subscribers who purchase Marketing Services with Intake123 website are subject to additional terms and conditions provided below. Beta Test Period End Users who use the Intake123 Services, or portions of Intake123 Services, during a beta-test period are subject to these Terms and Conditions and the following exceptions or additions to the Terms and Conditions. Some of the functionality will be limited during the beta-test period. End User agrees to use and evaluate the Services, and to report to Intake123 the results of such use and evaluation, including any defects or bugs found. Such results may be reported verbally or by submitting an email to: email@example.com. The likelihood of unscheduled down time, and the likelihood for software errors or bugs, is higher. Intake123 reserves the right to terminate the Services at any time. End Users will not be charged for the Services during the beta test period. Application or portions of applications considered to be in a beta test period will be clearly identified to End Users by Intake123. Intake123 may update these Terms and Conditions from time to time without notice to End Users. End Users can review the most current version of the Terms and Conditions at any time at http://www.intake123.com/legal-4/
- Intake123 Services; Permitted Use. Intake123 provides End Users with software as a service through Intake123’s website located http://www.intake123.com/legal-4/ at www.Intake123.com (the "Remote Software"). Intake123 also may provide Subscribers with technical support to assist them in configuring and maintaining their accounts and applications. Firm Members are responsible for providing legal and training support to their Firm Clients. Intake123 provides supplemental support for Firm Clients. Additional services may be added from time to time. All of the services provided to End Users by Intake123 are referred to as "Services" and all are subject to these Terms and Conditions. Different types of users have access to different parts of the Services.
End Users are responsible for obtaining access to the Services and that access may involve third party fees (such as internet service provider, airtime, cellular data plan, and long distance charges). In addition, End Users must provide and are responsible for all equipment necessary to access and use the Services. Intake123 may schedule down times for maintenance and upgrades. Intake123 will post all scheduled down times on its support page at http://www.Intake123.com/divorcehelp123-help-2/. Intake123 may have occasional down times that are unscheduled due to circumstances beyond its control. Intake123 provides the Service directly to four types of Subscribers: Firms, Independent Parties, Vendor Subscribers, and Forum Users. Subject to payment of applicable fees, (i) Firms are permitted to grant Service access to their Firm Members and Firm Clients, (ii) Firms and Independent Parties are permitted to grant limited Service access to other third parties involved with the case (Third Party Users), (iii) Business Vendor Subscribers are permitted to grant limited Service access to its staff (Vendor Users), and (iv) Individual Parties, Individual Vendor Subscribers, and Forum User are permitted to access contracted Services. All such parties who are permitted to access the Service are "End Users". Services are provided to Subscribers through access keys on a "per user" and "per matter" basis. Subscription fees must be paid according to the number of individual employee users of Intake123 for a Firm Subscriber, irrespective of the number of clients or cases involved. Separate "per matter" fees must be paid for each matter of a Firm Client or Independent Party who accesses the Services during the course of a single matter. In no event shall the number of persons authorized to have access to the Services exceed the number of End User access keys obtained by such Subscriber. Access types and associated rights are subject to update from time to time and further described at http://www.divorcehelp123.com/pricing-3/, for independent users, http://familylaw.Intake123.com/#pricing for FamilyLaw users, and http://www.intake123.com/#pricing for IntakeOnly users. All End Users must execute a form of this Agreement, whether by clickwrap or otherwise. Subscribers are responsible for any breach of this Agreement by their permitted End Users. If Subscriber learns that any End User has breached any such provision, such Subscriber must immediately notify Intake123.
- Billing and Fees.
Intake123 will charge the Subscriber’s credit card, checking account, or Paypal account for the monthly, quarterly, yearly, or per matter fee, as applicable, and will continue charging the Subscriber’s credit card each period until the Subscriber cancels the Services. All fees not already paid are subject to change on 30-days notice and will be billed or charged at the new rates automatically. A listing of current fees and charges can be found at http://www.divorcehelp123.com/pricing-3/, for independent users, http://familylaw.Intake123.com/#pricing for FamilyLaw users, and http://www.intake123.com/#pricing for IntakeOnly users. If payment is not made (because of a rejection of the charge by the Subscriber’s credit card company or otherwise), Intake123 will email a notice to the Subscriber and will, either immediately or at a reasonable time after nonpayment, suspend the Subscriber’s account and terminate Subscriber’s use of the Services, including all access keys for End Users. A Subscriber must provide written notice of a disputed fee within 60 days of the invoice or charge (whichever is earlier). Termination of a Subscriber’s service does not relieve a Subscriber for amounts owed for Services provided.
- Termination of Services.
Intake123 may and will suspend or terminate an End User’s account and use of the Services immediately, and without prior notice, if: an End User violates the Intake123 policies; an End User transmits any content that violates a law or regulation or policy of Intake123; any information provided to Intake123 by an End User is inaccurate or becomes inaccurate; an End User breaches these Terms and Conditions; or upon request of law enforcement or other government agency. Termination for non-payment is discussed above. A Subscriber may terminate the Subscriber’s account doing one of the following:
- Submitting a cancellation request to: firstname.lastname@example.org with the Subject: "Cancel"
- Selecting the Cancel Subscription Services option located within the Intake123 Application for (Firms and Independent Parties).
- Selecting the Cancel Subscription Services option located within Account Management (for Vendor Subscribers and Forum Users).
No refund of prepaid service or account fees will be made. Intake123’s cancellation and refund policy is provided at http://www.intake123.com/legal-4/. Termination of a Subscriber’s account includes: removal of access to all Services by the Subscriber and all its permitted End Users; deletion of all information, files, and content associated with or inside the End User’s account (or any part thereof); and barring further use of the Services.
- Other End User Responsibilities.
Each End User who is an individual represents that he or she is of legal age to form a binding contract and that he or she is not a person barred from receiving the Services under the laws of the United States or any other jurisdiction that is applicable to the End User. Each End User that is an entity represents that the person completing the registration and other information is legally entitled to enter into a contract on behalf of the entity and is authorized to contract for the Services and agree to these Terms and Conditions. Each End User also agrees to: (a) provide true, accurate, current, and complete information about the End User on any registration form or questionnaire; and (b) maintain and promptly update any information to keep it true, accurate, current, and complete. End Users are responsible for remembering and maintaining the confidentiality of their password and account information. End Users must also have access to and maintain as secure the End User’s encryption key. Each End User is responsible for all activities that occur under the End User’s account. End Users must notify Intake123 of any unauthorized use of a End User’s password or account or any other breach of security. End Users agree to comply with all local rules regarding online conduct and acceptable content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which an End User is located.
- Indemnity. Each End User agrees to indemnify and hold Intake123, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: content submitted, posted, transmitted or made available through the End Users account; End User’s use of the Services; End User’s violation of these Terms and Conditions; or End User’s violation of any rights of another.
- Intake123’s Proprietary Rights. Each End User acknowledges and agrees that the Services are being provided using proprietary and confidential information that is protected by applicable intellectual property and other laws. Intake123 hereby grants to End User a limited, non-exclusive right to use the Remote Software solely and only in accordance with these terms and conditions and in connection with End User’s lawful use of the Services. Intake123 retains all right, title, and interest to the Remote Software except for the limited usage rights granted to End User. End User agrees not to attempt to decompile, reverse engineer or otherwise produce a source code statement of the Remote Software.
- Disclaimer of Warranties and Limitation of Liability. Each End User expressly understands and agrees that:
Use of the Services is at the End User’s sole risk. The Services are provided on an "as is" and "as available" basis. Intake123 expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Intake123 makes no warranty that the Services will be software bug-free, uninterrupted, timely, secure, or error-free. Each End User expressly agrees and understands that Intake123 will not be liable to any End User for direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to loss of profits, goodwill, use, data, or other intangible losses resulting from the End User’s use of the Services. This includes damages arising from the inability to use the Services, the cost of procuring substitute services or switching to another service, and unauthorized access to an End User’s account. Intake123 does not provide legal advice and makes no guarantee for the result of any proceeding. Information given by Intake123 and its staff should be considered a helpful resource, but Intake123 does not guarantee the accuracy of any statement made. End Users should verify all information provided by Intake123 with their attorney or with original source documents from their governing court. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Some of the above limitations may not apply to some End Users.
- General Terms and Conditions.
There are no third party beneficiaries to these Terms and Conditions. No End User may assign his or her rights to the Services to anyone else. If Intake123 needs to notify an End User, it will do so by sending an email to the address provided by End User. These Terms and Conditions and any posted policy of Intake123 are the entire agreement between Intake123 and its End Users. No employee, officer, or agent of Intake123 has the authority to vary or amend these terms and conditions for an End User or to waive the applicability of a term. These Terms and Conditions and the relationship between the End Users and Intake123 is governed by the laws of the State of Colorado, USA without regard to its conflict of law provisions. Each End User agrees to submit to the personal and exclusive jurisdiction of the courts located within El Paso County, Colorado, USA and to initiate any actions regarding these Terms and Conditions in the courts of El Paso County, Colorado, USA. Each End User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. ADDITIONAL TERMS AND CONDITIONS FOR VENDOR SUBSCRIBERS PURCHASING MARKETING SERVICES Vendors Subscribers and Vendor Users are subject to sections 2, 3, 4, 6, 7, 8 and 9 above, as well as the following additional terms: Intake123 will offer various Marketing Services for individuals and businesses which choose to advertise to Intake123 End Users and website visitors. Marketing Services may include the posting of profiles of various service providers and organizations in product and service categories on Intake123’s "Divorce Professionals & Services" page of its website, the posting of ads in various locations in Intake123’s website and application, or a Leads Purchase Program which gives Vendor Subscribers information of individuals to contact via email, phone, or other methods (collectively referred to as “Ads”) upon completion of the Vendor Registration Form (“Vendor Subscriber”), which may include a hyperlink to the Vendor Subscriber’s website ("Link"). All Services for Vendor Subscribers will be referred to as Marketing Services and all profiles, listings, ads, emails, phone calls, or any other publishing or communication will be referred to as “Ads”. Vendor Subscriber represents and warrants that the website accessed by the Link, if any, and the content of the Ad does not violate the rights of any third parties in any jurisdiction, including without limitation, copyright, trademark, trade secret, privacy, publicity, or other rights; violate the laws, statutes or regulations of any jurisdiction; include any material which is harmful, pornographic, abusive, hateful, obscene, threatening, or defamatory or which encourages illegal activities or racism or promotes software or services that deliver unsolicited email; and the Ad, and Link on Intake123’s website does not violate the rights of any third parties in any jurisdiction, including without limitation, copyright, trademark, trade secret, privacy, publicity, or other rights. Vendor Subscriber grants to Intake123 a non-exclusive, worldwide license to publicly display any images, trademarks or service marks provided by Vendor Subscriber in the profile registration. Except as expressly licensed herein, Vendor Subscriber retains all rights in its website, its trademarks, copyrights, and intellectual property rights. Intake123 may, in its sole judgment, reject or terminate the display of the Ad and related Link if it fails to conform to applicable laws and regulations, Intake123’s policies, or the public interest. Intake123 may reject or remove an Ad and related Link that is not functional or that Intake123 deems unsuitable for its website. If Intake123 rejects Ad or terminates its display, then Intake123 will return any prepaid Marketing Services fees to Vendor Subscriber (in which case refund of those fees shall be Vendor Subscriber’s sole remedy for the termination of the Ad). Fees for Vendor Marketing Services can be found at http://providers.divorcehelp123.com/.