Terms of Service

Last update: September 4, 2023

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Innovative Legal, Inc. and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the ParentingPlanBuilder.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). The Company is an Oregon corporation located in Lake Oswego, Oregon. ParentingPlanBuilder.com is a parenting plan document automation service which produces substantially complete draft parenting plans for review, finalization and approval by subscribers (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

You accept and agree to be bound by this Agreement by acknowledging such acceptance during the registration process and also by continuing to use the website. If you do not agree to abide by this Agreement, or to modifications that Company may make to this Agreement in the future, do not use or access or continue to use or access the Company services or the website. Access and use of the website is conditioned upon acceptance of these terms of service.

Further, you acknowledge and agree that your use of the website must not violate any laws, rules and/or regulations in the jurisdiction in which you practice law or operate your business, including but not limited to the those imposed by regulatory agencies and/or your governing state bar association(s).

Disclaimer of Warranty. Subscriber understands that ParentingPlanBuilder.com only prepares first drafts of parenting plans which must be reviewed, finalized and approved by subscriber. Subscriber assumes all liability for the accuracy and completeness of any document prepared using the ParentingPlanBuilder.com service.

General Use and Limited License. Upon payment of Subscription Fee and subject to Subscriber’s compliance with these Terms of Use, ParentingPlanBuilder.com grants Subscriber a nonexclusive, revocable, limited, non-transferable, non-sublicensable, fee-based license to access and use ParentingPlanBuilder.com with an assigned login (“Login”). The Login is personal to Subscriber and may not be transferred to any third party other than Subscriber’s legal assistant, paralegal or administrative assistant. Except as otherwise described herein, Subscriber shall not allow any third party to use Subscriber’s Login to access or use ParentingPlanBuilder.com. Subscriber may access and use ParentingPlanBuilder.com for the sole purpose of preparing first drafts of parenting plans which are to be used in your law, mediation or counseling practice, and for no other purposes. Subscriber’s use of, or access to, ParentingPlanBuilder.com other than specifically authorized by these Terms of Use, without the prior written permission of ParentingPlanBuilder.com is strictly prohibited and ParentingPlanBuilder.com reserves the right to immediately terminate the license upon any unauthorized use. Unauthorized use of ParentingPlanBuilder.com may give rise to a claim for damages.

USER REPRESENTATIONS

Regarding Your Registration

By using the Company Services, you represent and warrant that:

All registration information you submit is truthful and accurate;
You will maintain the accuracy of such information;
You will keep your password confidential and will be responsible for all use of your password and account; and
Your use of the Company Services does not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

PERMITTED USES

You may use the Website for the limited purpose of preparing draft parenting plans for use in your practice for clients whom you represent in a full or limited services capacity, including mediation clients.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but are not limited to:

Reselling (broadly defined) the services, documents or information which you are permitted to access as part of your subscription;
Operating, owning or working for any business that provides a competing service at the time of use and for a period of two years from the last date the pleadings on the Website were accessed;
Submitting more than 20 documents per week or 50 per month per licensed User;
Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
Attempting to impersonate another user or person or using the username of another user, with the exception that legal assistances and/or paralegals may access the account of the attorney user with express permission of that user;
Engaging in criminal or tortious activity;
Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
Deleting the copyright or other proprietary rights notice from any Website content;
Engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
Harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you;
Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
Making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
Selling or otherwise transferring your profile without written permission from the Company; systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company; tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords;
Using any information obtained from the Website in order to harass, abuse, or harm another person;
Using the Company Services as part of any effort to compete with Company or to provide services as a service bureau;
Using the Website in a manner inconsistent with any and all applicable laws and regulations
Mirror imaging ParentingPlanBuilder.com;
Uploading or transmitting any form of virus, worm, Trojan horse, or other malicious code to ParentingPlanBuilder.com;
Disrupting or interfere with the security of ParentingPlanBuilder.com; and
Probing, scanning, or testing the vulnerability of ParentingPlanBuilder.com.

NOT LEGAL ADVICE

ParentingPlanBuilder.com is a document automation service. ParentingPlanBuilder.com does not provide legal advice. Nothing produced used ParentingPlanBuilder.com should be construed as legal advice or relied on as such. Further, no conversations with any employee or agent of ParentingPlanBuilder.com should be construed as legal advice. Every draft document produced by ParentingPlanBuilder.com must be reviewed for content, accuracy, errors and omissions by Subscriber each and every time a document is generated.

UPDATES TO DOCUMENTS

Company may make periodic updates to documents. Company may make these updates without prior notification to Subscriber. Company will make corrections and/or fix errors which are requested by ParentingPlanBuilder.com Subscribers or discovered by Company.

Company does not monitor changes in caselaw, statute, rules or regulations, and is not required to alert Subscribers to changes in the same. It is Subscriber’s responsibility to apprise themselves of any applicable changes and provide a written request to Company to update Company's forms as may be needed. Company may, in its discretion, notify Subscriber of changes to caselaw, statute, rules or regulations which are brought to the attention of Company, but Company is not required to do so.

Subscribers may request additional provisions be added to the parenting plan template by providing Company with a sample provision for coding by Company and agreeing that such additional templates may be provided to other subscribers. Company shall have complete discretion to accept or reject any proposed provision.

OWNERSHIP OF DOCUMENTS

Once a document containing client or case information has been generated by Subscriber using the ParentingPlanBuilder.com system (including during any trial period), Subscriber has full and complete ownership of the generated document even if Subscriber subsequently cancels their subscription.

Subscriber does not have any ownership in the coded template documents which form the basis of the ParentingPlanBuilder.com system. Further, Subscriber has no right to view the coded documents for any reason. Matter/client level data entered into the system is intended for export only within the automated documents. Although export of case data in another format is possible, additional fees and cost may apply.

PURCHASES; PAYMENT

Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. The Website is a subscription service and therefore you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases if required by an applicable taxing authority. Company may change prices at any time and will notify you 30 days before such change takes effect. All payments shall be in U.S. dollars.

Subscription Fee. Use of ParentingPlanBuilder.com is conditioned upon you providing valid card information for billing. The applicable monthly subscription fee will be billed to your credit card on file every thirty (30) days (or the closest business day to it). If your card declines, you authorize Company to attempt to process payment on subsequent days until payment is received by Company. Company has the right to suspend your account if payment is not made within 10 days of your billing date.

If you cancel your subscription, your account access will be terminated the day prior to the next scheduled reoccurring charge on Subscriber’s credit card. No reimbursement will be made for mid-month cancellations. There are no long-term contracts and you may cancel your subscription at any time, subject to the provisions contained herein.

SMS MESSAGING

Company uses SMS messaging for verifying ownership of your account, verifying new locations and resetting passwords. By utilizing Company’s services, you agree to place a cell phone number on file and to accept text messages for these limited purposes. Company does not use SMS messages for marketing purposes.

Outbound Links. The Website may contain links to third-party websites. The Website does not monitor any such third-party websites and assumes no responsibility for the content, privacy policies, or terms of service of any third-party website. You acknowledge and agree that ParentingPlanBuilder.com shall not be liable in any way, shape or form, whether directly or indirectly, for any damage or loss caused by, or in connection with, use of services or content available on or through any third-party website. You are advised to read the terms and conditions and privacy policies of any third-party website that you visit.

DISPUTE RESOLUTION

Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company Services shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict of law provisions. However, Subscriber agrees and understands that Subscriber’s use of and access to ParentingPlanBuilder.com is subject to all applicable, local, state, federal, and international laws and regulations, as well as ethical obligations imposed by any applicable governing or licensing bodies such as applicable State Bar Associations. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and/or federal courts located in Clackamas County, State of Oregon, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or Company Services be instituted more than two (2) years after the cause of action arose.

Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.

Binding Arbitration. If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You understand that absent this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Clackamas County, State of Oregon. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks.

You warrant that You are the legal owner or have legal right to use any document you provide to Company for automation. You agree to defend, indemnify and hold Company, its affiliates and customers harmless from any and all damages, costs and attorney’s fees, arising out of or related to your breach of this warranty. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this Agreement. These warranties shall survive any termination of this Agreement or the Term.

SITE MANAGEMENT

Company reserves the right but does not have the obligation to:

Monitor the Website, including user accounts, for violations of this Agreement;
Take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities; and
Otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.

LIMITATIONS OF LIABILITY

Limitation of Liability.

In no event shall Company or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data or other damages arising from your use of the website or Company services, even if Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Company’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Company for the Company services during the period of sixty (60) days prior to any cause of action arising.

WAIVERS AND DISCLAIMER OF WARRANTIES

SUBSCRIBER AGREES THAT PARENTINGPLANBUILDER.COM IS PROVIDED FOR USE BY SUBSCRIBER “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITH ALL FAULTS. Parentingplanbuilder.com makes no warranty regarding the operation of ParentingPlanBuilder.com. Subscriber acknowledges that ParentingPlanBuilder.com draft documents produced by ParentingPlanBuilder.com may contain inaccuracies or errors and ParentingPlanBuilder.com expressly excludes, and subscriber waives, liability for any such inaccuracies or errors to the fullest extent permitted by law. Parentingplanbuilder.com expressly disclaims any and all warranties, express or implied, including but not limited to any warranties as to the availability, accuracy, timeliness, performance, error, deliver, completeness, implied warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property, title, operability, condition, quiet enjoyment, value, and/or accuracy of data. No content, advice, or information obtained by subscriber from ParentingPlanBuilder.com will create any warranty, representation, or guarantee not expressly stated in these terms of use.

Parentingplanbuilder.com does not guarantee and makes no warranty that the features and functions contained or related to ParentingPlanBuilder.com will be uninterrupted or error-free, that the server used for ParentingPlanBuilder.com will be free of viruses or other harmful components, and/or that any defects will be corrected even if ParentingPlanBuilder.com is aware of these problems. Subscriber assumes the entire cost of all servicing, repair, or correction that may be necessary as a result of any viruses, errors, or any other problems whatsoever that subscriber may have as a result of using or accessing ParentingPlanBuilder.com.

You agree that your use of the website and Company services will be at your sole risk. To the fullest extent permitted by law, Company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and the Company services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Company makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any websites linked to this website and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the website or Company services, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website. Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

MODIFICATIONS

To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.

PRIVACY POLICY

We care about the privacy of our users. Please review the Company Privacy Policy. By using the Website or the Company Services, you are consenting to the terms of our Privacy Policy.

ELECTRONIC CONTRACTING

Your use of the Company services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into relating to the Company services, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

NOTICES

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given immediately upon sending the email, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

DMCA NOTICE

Company intends to comply with United States Digital Millennium Copyright Act. If you believe that specific content on Website constitutes copyright infringement of work that you own or control, please provide Company's Copyright Agent the following information:

The full name legal of the copyright owner, your full name, your title, your mailing address, telephone number, and email address;
A description of the copyrighted work or other intellectual property that you claim has been infringed, including any registration numbers;
A detailed description of where the allegedly infringing material is located on the site;
A statement by you that you have a good faith belief that use of the copyrighted materials described above are infringing and that the use not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Include an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

Company's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: info@parentingplanbuilder.com.

Make sure the subject line reads: “DMCA NOTICE”

USER DATA

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason by contacting us at info@parentingplanbuilder.com.

Without limiting any other provision of this Agreement, Company reserves the right to, in Company’s sole discretion and without notice or liability, deny access to and use of the website and the Company services, to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this Agreement, or of any applicable law or regulation, and Company may terminate your use or participation in the website and the Company services, at any time, without warning, in Company’s sole discretion. Additionally Company reserves the right to terminate or suspend your subscription if Company is unable to successfully charge your credit card. Upon termination, you will not be entitled to reimbursement, refund or compensation of any kind related to the termination of your subscription.

In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

You understand that certain states allow you to cancel this Agreement, without any penalty or obligation, at any time prior to midnight of Company’s third business day following the date of this Agreement, excluding Sundays and holidays. To cancel, email info@parentingplanbuilder.com during normal business hours using the contact information listing below in this Agreement or by accessing your account settings. This section applies only to individuals residing in states with such laws.

If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of the Website and Company Services. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.