AXDRAFT

TERMS OF SERVICE | AXDRAFT BUSINESS

Last Update: March 1, 2019
  1. INTRODUCTION
  2. DESCRIPTION OF AXDRAFT BUSINESS
  3. AXDRAFT BUSINESS IS NOT A LAW FIRM
  4. AMENDMENTS TO TERMS
  5. ACCESSING PLATFORM
  6. ACCOUNT INFORMATION AND SECURITY
  7. CHANGES TO PLATFORM
  8. RELIANCE ON INFORMATION POSTED
  9. LINKS FROM PLATFORM AND INTEGRATIONS
  10. INAPPROPRIATE CONTENT
  11. PROHIBITED USES
  12. NO USE BY MINORS
  13. OWNERSHIP
  14. INTELLECTUAL PROPERTY RIGHTS.
  15. COPYRIGHT INFRINGEMENT
  16. DISCLAIMER OF WARRANTY
  17. LIMITATION OF LIABILITY
  18. GOVERNING LAW AND JURISDICTION
  19. WAIVER AND SEVERABILITY
  20. ENTIRE AGREEMENT
  21. MONITORING AND ENFORCEMENT; TERMINATION
  22. ACCEPTANCE OF TERMS
  23. ACKNOWLEDGEMENT
  24. RIGHT OF REFUSE
  25. YOUR COMMENTS AND CONCERNS
  1. INTRODUCTION

    Welcome to AXDRAFT BUSINESS! As you have just clicked to our Terms of Service, please make a pause, grab a cup of coffee and carefully read the following 9 pages. It will take you approximately 20 minutes.

    Our terms and conditions set forth below (the “Terms”) govern all use of AXDRAFT BUSINESS web pages located at https://business.axdraft.com. Please read it.

    Our Privacy Policy also governs your visit to AXDRAFT BUSINESS and explains how we collect, use, safeguard and disclose information that results from your use of our web pages. Please read it.

    We have asked, but we cannot force you to read Terms or Privacy Policy, but this is serious and may effect your rights and responsibilities. We want you to be aware, by using of AXDRAFT BUSINESS web pages or clicking to accept or agree to the Terms when this option is available to you, you are entering into a binding contract with Company as defined below.

    Your agreement with us includes these Terms and Privacy Policy (the “Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound of them.

    IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE AGREEMENTS, THEN YOU MAY NOT USE site, but please let us know by emailing at info@axdraft.com so we can try to find a solution.Thank you for being responsible.

  2. DESCRIPTION OF AXDRAFT BUSINESS

    AXDRAFT Inc., including its subsidiaries AXDRAFT LLC, reg. number 41174374 (Ukraine) and AXDRAFT SIA, reg. number 40203172023 (Latvia) (the “Company”, “AXDRAFT”, “AXDRAFT BUSINESS”, “we”, “our” or “us”) maintains an online social platform to provide visitors with a free access to legal documents templates and an automated software solution to individuals to prepare the legal documents through the document-generation web platform (the “Platform”). AXDRAFT BUSINESS, its services, and its templates or forms are not substitute for the advice or service of attorney.

    AXDRAFT BUSINESS aim to keep its legal templates accurate, current and up-to-date. However, we cannot guarantee that all of the information on the site is current. Please pay attention, the law is different in each jurisdiction, and may be subject to different interpretation by courts. The legal information contained on the site is not legal advice and is not guaranteed to be correct, complete or up-to-date. If you need legal advice or other professional help in law, you should consult a licensed attorney in your area.

    Upon a separate request, AXDRAFT BUSINESS may introduce our visitors to attorneys through various methods, but at no circumstances the performance of any such services is an attorney-client relationship and should not be considered a substitute for professional legal advice or a solicitation to provide legal advice by Company.

  3. AXDRAFT BUSINESS IS NOT A LAW FIRM

    AXDRAFT BUSINESS is NOT a law firm or an attorney, may not perform services performed by an attorney, and the forms or templates, located on the site are not a substitute for the advice or services of an attorney.

    No attorney-client relationship or privilege is created with AXDRAFT BUSINESS. Your use of the site does not and will not create an attorney-client relationship between you and AXDRAFT BUSINESS. You are and will be representing yourself in any legal matter you undertake from any content on the site.

    It is important to understand:

    1.AXDRAFT BUSINESS IS NOT A LAW FIRM AND MAY NOT PERFORM SERVICES PERFORMED BY AN ATTORNEY. Company, including its employees and agents, does not offer any legal advice, recommendations, opinions, representation, referrals, or counseling. Information posted on or through the Platform is for informational purposes only.
    2.INSTRUCTIONS ON THE PLATFORM ARE NOT LEGAL ADVICE OR LEGAL SERVICES. The Platform may include suggestions or instructions for drafting the documents on the Platform related to formatting and completing the Q&A forms. These suggestions or instructions are not legal advice and are intended only to assist you in completing the documents. Any questions about the content of the documents or inputs should be directed to an attorney or lawyer or the agency issuing or accepting the document, not the Company.
    3.COMPANY DOES NOT REVIEW YOUR ANSWERS FOR LEGAL SUFFICIENCY, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your situation. AXDRAFT BUSINESS and its services are not substitute for the advice or services of the attorney.
    4.COMPANY DOES NOT GUARANTEE ANY DOCUMENTS LISTED ON THE PLATFORM. Company aims to keep the documents on the Platform current and up-to-date, but it does not guarantee that any document form on the Platform is the correct or current form for your purposes. You should always confirm with the attorney or lawyer or the agency issuing or accepting the document, not Company. Company is not responsible for your use of any document on the Platform in any way, and you understand and agree that you use any document on the Platform at your own risk.
    5.NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BETWEEN YOU AND COMPANY WHEN YOU USE THE PLATFORM. Company does not offer legal advice or services, and communications with Company are not subject to attorney-client confidentiality protections. We are committed to protect your personal information, however, to the extent set out in our Privacy Policy.
    6.NO RESULTS OR OUTCOMES ARE GUARANTEED BY YOUR USE OF THE PLATFORM. Company does not guarantee any results or outcomes with your use of the Platform.
    7.COMPANY DOES NOT REGULATE YOUR ACTIONS ON THE PLATFORM. You are solely responsible for ensuring that you are complying with all applicable laws and rules of professional conduct when you are using the Platform, including those regarding the unauthorized practice of law, communications, and confidentiality. Company is not liable for any violations of law or professional rules by any user or the results of such a violation. Company has no obligation to monitor your use of the site. However, Company may do so and may prohibit any use of the site it believes may be (or alleged to be) in violation of the foregoing.
    8.YOU UNDERSTAND AND AGREE THAT AXDRAFT BUSINESS IS NOT A LAW FIRM OR AN ATTORNEY, MAY NOT PERFORM SERVICES PERFORMED BY AN ATTORNEY OR LAWYERS, AND IS NOT THE SUBSTITUTE FOR THE ADVICE OR SERVICES OF ATTORNEY AND LAWYER. NO ATTORNEY-CLIENT RELATIONSHIPS OR PRIVILEGE IS CREATED WITH AXDRAFT BUSINESS.
  4. AMENDMENTS TO TERMS

    We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

    Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

  5. ACCESSING PLATFORM

    You have an open access to the Platform: you are able to check all the content on the site and pick any available document to draft. To receive your drafted document, we ask you to provide your email. The draft document in word-format will be sent immediately to the provided email address. Please provide your correct email address, otherwise you will not receive the drafted document.

    You may also want to become a registered member of AXDRAFT BUSINESS to be able to receive additional benefits from our services (e.g., integration with the open database, ability to save data about your company, vendors and employees to avoid copy-pasting, download your own templates for automation, etc.). To register you need to provide your email address, create a password and agree with our Terms. You are also able to register using one of the methods, available on the site (Facebook, Twitter, etc.).

    By submitting your email address, you agree that we may use it to connect with you and send you marketing materials.

  6. ACCOUNT INFORMATION AND SECURITY

    You consent to all actions we take with respect to your information in compliance with our Privacy Policy.

    You are entirely responsible for maintaining the confidentiality of your password, as well as any and all activities that occur under your account. You may not use a third party's account, user name or password at any time.

    You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

  7. CHANGES TO PLATFORM

    We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

  8. RELIANCE ON INFORMATION POSTED

    We do not warrant the accuracy, completeness, or usefulness of any information on the Platform, including any documents that are posted for use on the Platform. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

    The Platform may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  9. INAPPROPRIATE CONTENT

    You are responsible for your use of the Platform and or any content you provide, including compliance with applicable laws, rules, and regulations.

    By accessing the Platform, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve our right to terminate or delete such material from its servers. We will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

  10. PROHIBITED USES

    You may use the Platform only for lawful purposes and in accordance with Terms. You agree not to use the Platform:

    In any way that violates any applicable national or international law or regulation.
    For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
    To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
    To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
    In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
    To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend Company or users of the Platform or expose them to liability.

    Additionally, you agree not to:

    Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
    Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
    Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent
    Use any device, software, or routine that interferes with the proper working of the Platform.
    Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
    Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
    Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
    Take any action that may damage or falsify Company or Platform rating.
    Otherwise attempt to interfere with the proper working of the Platform.
  11. NO USE BY MINORS

    The Platform is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Platform, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of terms and conditions of Terms. IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OLD, YOU ARE PROHIBITED FROM BOTH THE ACCESS AND USAGE OF THE PLATFORM.

  12. OWNERSHIP

    The Portal is owned and operated by AXDRAFT. All right, title and interest in and to the materials provided on the Portal, including but not limited to information, documents, logos, graphics, sounds, images and video (the "Materials") are owned either by AXDRAFT or by its subsidiaries, respective third party authors, developers or vendors ("Third Party Providers"). None of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on the Portal shall be construed to confer any license under any of Company’s intellectual property rights. Any rights not expressly granted herein are reserved by Company.

  13. INTELLECTUAL PROPERTY RIGHTS.

    The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Company, its subsidiaries and licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

    Terms permit you to use the Platform for your personal use only, subject to the following conditions and restrictions:

    You agree to allow AXDRAFT BUSINESS to use and display your organization’s logo on our website and in other promotional materials in promotional purposes.
    You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

    If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of Terms, your right to use the Platform will cease immediately. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Company.

    Company name and logo, and all related names, logos, product and service names, designs, and slogans are the property of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

    • 14.1 COPYRIGHTS

      All content provided on this Platform is owned by AXDRAFT and/or its affiliated companies. AXDRAFT and/or its affiliated companies retain all proprietary rights to the Platform. The Platform may not be reproduced, transmitted or distributed without the prior written consent of AXDRAFT. You acknowledge that the Platform is the intellectual property of Company and its affiliated companies. No ownership right is granted to any user for any Intellectual property relating to the Platform. ALL RIGHTS RESERVED.

    • 14.2 TRADEMARKS

      AXDRAFT logo and AXDRAFT name are registered trademarks of AXDRAFT and its affiliated companies.

    • 14.3 INTELLECTUAL PROPERTY RIGHTS TO CONTENT UPLOADED BY USER

      All intellectual rights to the content upload by you for automation to the Platform belong to you, but you hereby grant us the right to analyse and process such content in accordance with the Privacy Policy to improve the work of the Platform.

  14. DISCLAIMER OF WARRANTY

    THIS SITE IS PROVIDED BY AXDRAFT BUSINESS ON AN "AS IS" AND "AS AVAILABLE" BASIS. AXDRAFT BUSINESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL IS AT YOUR SOLE RISK.

    NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  15. LIMITATION OF LIABILITY

    EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD AXDRAFT BUSINESS AND ITS 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 AXDRAFT BUSINESS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF AXDRAFT BUSINESS, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  16. GOVERNING LAW AND JURISDICTION

    All matters relating to the Platform and Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.

    Any legal suit, action or proceeding arising out of, or related to, Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the County and City of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

  17. WAIVER AND SEVERABILITY

    No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

    If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

  18. ENTIRE AGREEMENT

    The Agreement together with the Privacy Policy constitutes the sole and entire agreement between you and Company with respect to the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

  19. MONITORING AND ENFORCEMENT; TERMINATION

    We have the right to:

    Take any action with respect to any user that we deem necessary or appropriate in our sole discretion, including if we believe that such user violates Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for Company.
    Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
    Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of Terms.

    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  20. ACCEPTANCE OF TERMS

    Terms are entered into by and between you and Company, and they govern your access to and use of the Platform and all related services, and all updates and revisions thereto, including any content, functionality, and services offered on or through the Platform, whether as a guest or a registered user.

    This agreement remains in full force and effect while you use the Platform. We may terminate your account at any time and for any reason. If you wish to terminate your account, you may simply stop using the Platform, not renew your subscription, or contact us at info@axdraft.com. All provisions of Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

  21. ACKNOWLEDGEMENT

    BY USING THE PLATFORM OR OTHER SERVICES PROVIDED BY AXDRAFT BUSINESS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

  22. RIGHT OF REFUSE

    You acknowledge that AXDRAFT BUSINESS reserves the right to refuse service to anyone and to cancel user access at any time.

  23. YOUR COMMENTS AND CONCERNS

    Please send your feedback, comments, requests for technical support and other communications relating to the Platform to: info@axdraft.com