Last Updated: August 30th, 2022
Intaker (also known as “The Company”) is proprietary messaging software that connects website browsers with attorneys and allows both parties to communicate with each other through an attorney’s website.
Intaker charges an attorney a monthly subscription fee in exchange for use of its software. Intaker does not charge the website browser a fee to use its software. Both parties may use Intaker’s corporate website free of charge to obtain Intaker’s contact information and information about Intaker’s Services and prices. The company provides you with access to a variety of software and services as well as information, communities, data and the like on our website (collectively, "Services"). All Services are subject to the TOU, as revised from time to time. The Services are available only to individuals who are 13 years or older. The Services are not directed to children younger than 13 years old, and the company does not knowingly collect Personal Information from children younger than 13 years old. By using any of the company’s Services, you acknowledge that you are 13 years or older. If you are not 13 years or older, you must stop using our Services immediately.
The Company may modify or discontinue any of its Services without notice. The Company will provide notice of material changes to the Services or changes to this TOU by posting such changes on The Company website which shall be your sole notice of such changes. You agree and acknowledge that you will periodically check the website to inform yourself of any such changes.
Grant of License
The company grants you a limited, non-exclusive, non-transferable, and revocable license to The Company Services as well as any documentation, files, information, or data accompanying the Services. Any violation of the terms of this TOU shall automatically revoke the license granted herein.
Services include basic services (“Basic Services”) provided free of charge and enhanced services (“Enhanced Services”), which, if available, must be purchased. The licenses granted herein are contingent upon The Company’s receipt of the applicable license fees and taxes due for the Enhanced Services. Fees paid for Enhanced Services shall allow you to use Enhanced Services for the duration of the subscription service, as applicable, as selected by you during your registration of the Enhanced Services (“Subscription Period”). The fees owned for the use of the Enhanced Services are set forth on The Company’s website and are subject to change without notice. License fees vary depending on the usage of the Services. These fees are owed regardless of whether or the Services is actually used. No refunds will be given for any unused Services or any early termination of the Subscription Period.
Ownership of Services
The Company and its suppliers are the sole owners of all Services provided and the intellectual property, and in particular the copyright, trademarks, brand, trade secrets, database, data, and patents, in, accompanying, and provided through the Services. The company shall retain all ownership in and to Services and, subject to the Agreement, all data transferred or received through the Services.
You shall not use the Services or The Company's intellectual property except as specifically authorized under Your Purchase Agreement and this TOU. Without limiting the foregoing, except as expressly authorized by applicable law or Your Agreement, You shall not modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services. In addition, You shall not adapt or use any trademark, trade name, or domain name similar to or likely to be confused with that of the company or the company.com, or take any other action which infringes or impairs the company's trademark rights. Any reproduction, redistribution, or use of the Services not in accordance with the Agreement and this TOU is expressly prohibited by this TOU.
If any portion of our services requires registration or activation, you must complete the registration or activation process by providing us with current, complete and accurate information as prompted by the applicable registration form. Failure to complete the registration or activation may limit your ability to use the Services or may disable the Services from functioning. When registering or activating Services, you may be required to select a username and password. Also, You may be required to provide certain information (e.g., your contact details, description of your product or service, your targeted number of users, etc.) as part of the registration process to access our Services, or as part of your continued use of the Services. Maintaining the confidentiality of this password and username is your responsibility, and The Company is not responsible for any loss or damage arising from unauthorized access to your account or your failure to comply with this section. You are fully responsible for any activities that occur under your account even if unauthorized or by a third party.
You may create an account via any registration methods we may provide from time to time, in our sole discretion. By using our Services, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. It’s your responsibility to keep your password, account credentials, and accounts secure. You must notify the company immediately if any unauthorized use, or suspected unauthorized use of your company account occurs or if any other breach of security occurs. You may never use another user’s account without permission. Your login may only be used by one person. A single login shared by multiple individuals is not permitted. You acknowledge that the company is not liable for any loss or damage arising from your failure to comply with the above requirements.
No formation of an attorney-client relationship
You agree that you are aware that using our service to speak with an attorney does not automatically create an attorney-client relationship between you and the attorney and may not. This matter should be discussed with the attorney. One may be formed by using our services, however you agree that this is a matter between you and the attorney. You agree that no attorney-client relationship is created by the use of The Company’s website. Using the Company’s services is not a substitute for a in-person or telephonic conversation with an attorney.
Legal Services to Customers
As a customer looking for legal services, you agree that you are liable for paying the lawyer for the services provided. The Company has no liability, either primarily or secondarily, for paying the lawyer. Any attorney-client relationship formed as a result of such discussions is between you and the lawyer you speak with—not between you and The Company. Furthermore, you understand and agree that The Company will not be held responsible for the quality or accuracy of any information or legal services provided by lawyers you connect with via The Company’s services.
As an attorney speaking with customers via our Services, you agree that all communications with customers will adhere to any requirements mandated by law or by an authoritative attorney bar association. You agree that The Company is not a party to any contract you may agree to with the customer.
You agree that you will not:
The company has no obligation to monitor the Services. However, The Company reserves the right to review anything sent through the Services, including but not limited to information, data, and materials, and to remove anything in its sole discretion. The Company does not control or endorse the content, messages or information found in any Services and, therefore, the company specifically disclaims any liability with regard to such content, messages or information. You agree not to interfere with such monitoring and that will cease activities that do interfere immediately if notified by the company of interference
The company reserves the right to investigate any Device or Application for compliance with this TOU. Such investigations may include The Company accessing and using your Device or Application, for example to identify stability or security issues that could affect the company or its customers. You consent to any such investigation. the company may immediately suspend or terminate your use of the Services without notice if we believe, in our sole discretion, that you are in violation of these Terms or otherwise
FEES AND PAYMENT
For the use of The Company’s Services, you will be requested to make a payment according to currently effective price list. As consideration for the Services purchased by You and provided to You by the company, You agree to pay the company at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. All payments shall be non-cash transactions, conducted electronically by external professional entities. the company expressly reserves the right to modify pricing through email notification and/or notice on its Web site. You shall be given a 30 day period notice of all changes in the price list. Payment may be made by You by providing either a valid credit card, an online payment via Paypal or a bank wire transfer. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services. You agree that You are solely liable for arranging that Your Services are renewed, and that the company shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.
The fees for using the Paid Services are set forth on the The Company website which may be modified by The Company. Continued use of the Paid Services and the non-termination of your account with The Company after fee changes are posted to the website constitutes your acceptance of the prices as modified. You agree to pay all fees fully and promptly. The credit card information provided to The Company or a third party payment processor to pay for the Paid Services shall be automatically charged for the Paid Services upon renewal. In the event that The Company or a third party payment processor is unable to bill the credit card on file or you request that The Company not bill the credit card, you shall be solely responsible for any renewal payment required. In the event that payment is not made, the Paid Services and services may become unavailable to you and The Company may terminate this Agreement without notice to you. If any charges are rejected by your credit card issuer then The Company may deactivate your account until payment is successfully received. The Company may deactivate any account that has a disputed charge until The Company, in its sole discretion, determines the dispute resolved. You must provide The Company notice of any billing problems or disputes within sixty (60) days after they first appear on the statement you receive from your bank, credit card company, or other billing company. Failure to notify The Company of the problem within the sixty (60) day period will result in your acceptance of the charges and you waive the right to dispute such problems or discrepancies. Failure to use your account will not be deemed a basis for refusing to pay any charges. The Company does not provide any refunds for any Services.The Company has no-refund policy on all of the pricing plans. No matter what the confusion you face, but our subscription model is very standard. If you want to deactivate your subscription just remove payment information and your account won't be charged next time.
You may change your plan or stop using our Services at any time. If you want to terminate your account and these Terms, you must email us and inform us of your intention to cancel your account (“Termination Notice”). At that point, you can request to get a copy of your data . Subject to the post-termination obligations and the surviving provisions set forth in these Terms, upon our written acknowledgement of our receipt of your Termination Notice, these Terms will terminate. Upon any termination or expiration of these Terms or discontinuation of your access to any of company Services, you must immediately cease all use of the company Services.
DISCLAIMER OF WARRANTIES
The company expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. the company makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. the company does not warrant, nor make any representations regarding the use, or the results of, any of the Services it provides, in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.
Except as otherwise provided herein, The Company is under no obligation to provide technical or customer support for the Services. You are solely responsible for properly installing and using the Services. You are responsible for the procurement of any hardware or services required to use the Services, including any computers, servers, or Internet access.
The Services are provided over the Internet. As such, the Services are subject to the operation of the Internet and telecommunications infrastructures as well as the operation of your Internet connection services, all of which are beyond the control of The Company. The Company does not warrant that the services will be uninterrupted or that you will be able to access or use the Services at the location and time of your choosing.
LIMITATION OF LIABILITY
If using any of The Company’s services results in something bad happening, The Company is not liable. IN NO EVENT SHALL the company BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF the company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, the company liability is limited to the full extent permitted by law. You agree that in no event shall the company maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from the company.
YOU ARE ULTIMATELY RESPONSIBLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU AS A RESULT OF USING OR INSTALLING THE SERVICES. The Company WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF The Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE DAMAGE WAS FORESEEABLE.
You agree to defend, indemnify and hold harmless The Company and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with the company whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from the company or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold the company harmless from any loss, liability, damage or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property rights, or misappropriation a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should the company be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, the company may seek a written confirmation from You concerning Your obligation to indemnify the company. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that the company shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify the company of any such claim promptly in writing and to allow the company to control the proceedings. You agree to cooperate fully with the company during such proceedings. You agree to cooperate fully with the company during such proceedings. You agree You will not be entitled to a refund of any fees paid to the company if, for any reason, the company takes corrective action with respect to Your improper or illegal use of its services. You also agree that if the company is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with the company, that the company, in its sole discretion, may take whatever action the company deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. You may not settle an indemnified claim without the company’s consent, which may not be unreasonably withheld.
Any disputes between us are governed by California State law, and may only be heard in courts located in Los Angeles, CA. THE TERMS OF THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW, AND REGARDLESS OF YOUR LOCATION. FOR ANY DISPUTES ARISING OUT OF THIS AGREEMENT, THE PARTIES CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF AND VENUE IN THE STATE OR FEDERAL COURTS WITHIN THE STATE AND COUNTY OF CALIFORNIA
Arbitration of Disputes
You agree that any disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of The Company will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of Court Buddy’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which Court Buddy may elect to have resolved by means other than arbitration. Notwithstanding the above, Court Buddy is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. YOU agree that you ARE GIVING UP YOUR RIGHT TO GO TO COURT in connection with any Dispute (subject to the exceptions listed in this subsection), and that our rights will be determined by a NEUTRAL ARBITRATOR OR ARBITRATION PANEL, NOT A JUDGE OR JURY.
b. No Class Actions. YOU AGREE THAT YOU WILL NOT BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE COMPANY. Further, you AGREE NOT TO JOIN class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes.
Limitation of Time Period to Commence YOUR Dispute
Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, ANY OF YOUR CLAIMS must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. YOUR Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as a complete bar to any claim based on any Dispute. NOTHING in this paragraph places a time period on The Company
Failure to Revoke Services
The Company can revoke your use of the Services for any breach of any term of this agreement. The Company’s failure to revoke your use doesn’t constitute a waiver of such right to do so.
You agree that all notices (except for notices concerning breach of this Agreement) from the company to You may be posted on our Website. Notices concerning breach will be sent either to the email or postal address You have on file with the company. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to the company shall be made either by email, sent to the address provided on the company Website, or first class mail to the company address at: Intaker Inc 8549 WILSHIRE BLVD #5018 BEVERLY HILLS, CA 90211-3104
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
This Agreement shall be applicable for as long as you use the Services. All provisions regarding confidentiality, proprietary rights, limitation of liability, indemnity, and non-disclosure shall survive this Agreement.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.