PRIVACY POLICY

Terms are defined in our Terms of Use, unless otherwise defined below.

This Privacy Policy explains how we process your information, who we share that information with (if at all), and how to contact us if you have questions.

What We Collect and How We Use It

We collect a limited data set of information about you.  Below, you will find a table of products and services and relevant privacy information:


​​​​​​​Product, Service, or Process

Websites

Communication from you to us.  

Category of Personal Data Gathered
  • Identifiers such as first and last name, username, and your contact information
  • Financial data such as credit card information to process transactions.  
  • Information you provide to us when you fill out our websites’ forms.  
  • Tracking data related to how you use our websites
  • Information you provide to us when you have a question or concern

Purpose and Legal Basis for Processing

For identifiers, financial data, and information provided by you to our websites, we use that information as the basis to enter into a contract with you and provide services (pursuant to a contract) with you.  

For Tracking data, we gather that information to determine how users navigate and use our websites.  

You have agreed to provide this information to us so that we may address your questions or concerns.  

Automated Processing or Profiling

We do not use automated processing or profiling procedures on the information you provide to us.

Third parties that we use for gathering tracking data may use automated processing to evaluate the best method to market our websites to you.

For financial information, payment card processors may automate their processes for completing transactions from our website.  

We do not use automated processing or profiling procedures on the information you provide to us.

Categories of Recipients who Receive this Personal Data

We and our affiliates, including any parent company or its affiliates, receive this information.  

Online marketing analytics companies receive tracking data.

Payment card processors receive information to complete purchases from our website.  

Cloud service providers such as Amazon store the identifiers and information you input into our website.  

We and our affiliates, including any parent company or its affiliates, receive this information.   

Whether the Personal Data is Transferred Outside of the European Economic Area

As our services and Products are intended for use with the U.S. patent system, we expect you are outside the European Economic Area.

As our services and Products are intended for use with the U.S. patent system, we expect you are outside the European Economic Area.

Retention Period

We retain this information for a reasonable time after you end your commercial relationship with us.  

We retain this information for a reasonable time after we have addressed the basis for your contacting us.  

We do not knowingly attempt to solicit or receive information from children.  

When and How We Share Information with Others

We do not sell your information to third parties.  We share your information with third parties (such as cloud service providers, payment card processors, and web analysis companies) to provide the service to you, to process payment card information, and to analyze how you use our websites.  Alternatively, we share access to information you have provided directly to such third parties.

Transfers of Personal Data

Your information is kept in the United States and we do not transfer it outside of the United States.  

Security of Your Information

Our website uses security features and appropriate certificates to secure the information you provide to our websites.

​​​​​​​The services we use to support our websites have the appropriate security programs to secure the information provided to them.  

Data Protection Officer

If you have any questions about our privacy policies or practices contact our data protection counsel and data protection officer:

Jeff Holman
Intellectual Strategies
Main: 801-746-5560
Email: jeff@intellectualstrategies.com

Changes and Updates to the Privacy Policy

We reserve the right to change this Privacy Policy, without notice to you, at any time.  

TERMS OF USE

Intellectual Strategies, a DBA of Holman Technologies LLC, a Utah limited liability company (“Intellectual Strategies,” “Holmantech,” “we,” “us,” or “our” as the context dictates), owns and operates intellectualstrategies.com and other sites linking to these Terms of Use, including mobile versions of such sites (individually “Site” or collectively “Sites”).  Through the Sites, we offer various products, including general legal information and template documents related to U.S. provisional patent applications and processes and other products (our “Products”).

The Sites describe us, our history, and our Products.  We may change, suspend, modify, or discontinue all or any part of the Sites in our sole discretion with or without notice.  We are not liable if for any reason all or any part of a Site is unavailable at any time or for any period.  We are not obligated to correct or update any information or content on the Sites.  We reserve the right to block or deny access to a Site to anyone at any time for any reason.

TERMS AND CONDITIONS, CHANGES TO THE TERMS OF USE

These terms of use (“Terms of Use”) are an agreement between you and us governing your access to and use of our Sites, including any of their content or functionality.  By using or accessing the Sites, you represent and warrant that you are of legal age to accept these Terms of Use and form a binding contract with us.  If you use the Sites on behalf of an entity or business, you must have authority to bind such party.  In such case, the term “you” includes the entity and its authorized agents that use the Sites.

We offer different platforms (the “Platforms”) through our Sites, and to use such platforms you must adhere to additional terms and conditions based on the Platform, as listed in the following:

  • All purchases of Products through the Sites are governed by our Terms of Sale located on our Sites.

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING ANY PAGES ON THE SITES; CREATING AN ACCOUNT; POSTING, SUBMITTING, TRANSMITTING OR UPLOADING ANY INFORMATION OR CONTENT THROUGH THE SITES; USING ANY PLATFORM; OR ORDERING ANY PRODUCTS THROUGH THE SITES, YOU EXPRESSLY AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS, LIMITATIONS, NOTICES AND COVENANTS SET FORTH IN THESE TERMS OF USE AND ANY APPLICABLE POLICIES AND DISCLAIMERS REFERENCED HEREIN OR ON THE SITES.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE OR OTHER POLICIES, DO NOT USE THE SITES.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted.  Your continued use of the Sites following such posting means that you accept and agree to the changes. You are expected to check these Terms of Use from time to time so you are aware of any changes, as they are binding on you.

ACCOUNT ACCESS AND SECURITY

You may choose to register and create an account to access certain content and functionality of the Sites, including any of the Platforms.  If you choose to create an account, you must provide us an email address and password and may be required to provide additional personal information.  To protect your account, you should choose a username and password that is not associated with your personal information.

You are responsible for maintaining the confidentiality of your account, password and other information. Any account you create is personal to you and you agree to not provide any other person with access to it.  You agree to notify us immediately if you learn of any unauthorized access to or use of your account.  You may be required to logout from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view your information. We may disable any account at any time in our sole discretion.

United States copyright law criminalizes production and dissemination of technology, devices or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of a copyright itself.  

Any information you provide to us must be correct, current and complete. Our use of such information is governed by our Privacy Policy located on our Sites.  You consent to our use of such information consistent with the Privacy Policy.

USER CONTENT

The Sites may now or in the future contain information that you have provided to (“Interactive Services”) that allow you and others to post, submit, publish, display or transmit (“post”) answers in response to questions (“User Content”).  Other than personally identifiable information (“PII”) which you provide to us in connection with your account or as requested or required by the Sites (which PII is subject to our Privacy Policy) and except as expressly provided in these Terms of Use or the policies applicable to any Platform, any User Content is and will be considered non-confidential and non-proprietary and you grant to us an unrestricted, non-exclusive, perpetual, royalty-free, worldwide, transferable, and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, market, distribute, exhibit, broadcast, or otherwise exploit such User Content, in whole or in part, in any form, media or technology, now known or hereafter developed.  

We have no obligation to use, return, review, or respond to any User Content.  You understand and acknowledge that you are responsible for any User Content you submit or contribute and have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.  In providing any User Content, you represent and warrant that (a) you own or control all rights in and to such User Content and have the right to grant the license granted above and (b) all of your User Content does and will comply with these Terms of Use, including the Content Standards.  

CONTENT STANDARDS

You agree that you will not post any User Content that (a) infringes or violates any other party’s intellectual property rights; (b) does not comply with applicable laws and regulations, or (c) contains any expressions of hate, abuse, offensive images or conduct, or any similar content.  Without limiting the foregoing, User Content must not:

  • contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable material;
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • violate any party’s legal rights (including rights of publicity and privacy);
  • contain any material that could result in civil or criminal liability;
  • conflict with these Terms of Use or any other applicable policy;
  • be likely to deceive any person;
  • advocate, promote or assist any illegal or unlawful activity;
  • cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • impersonate any person, or misrepresent the identity or affiliation of the user or any other party;
  • involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, other than as conducted by us in our operation of the Sites; or
  • appear as if they are sent by or endorsed by us or any other person, if this is not the case.

MONITORING OR REMOVAL OF USER CONTENT

We are not responsible or liable to any third party and assume no liability for any action or inaction regarding posting of User Content by any user or third party.  At our discretion we may, but are not obligated to, take steps to monitor User Content; however, we do not review any material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. We are not deemed to endorse, verify, or agree with any User Content.

We reserve the right, in our sole discretion, to (a) remove or refuse to post any User Content for any or no reason; (b) take any action with respect to any User Content that we deem necessary or appropriate, if we believe that it violates the Terms of Use or Content Standards, infringes any intellectual property rights, threatens a person’s safety or could create liability or the appearance of liability for us; or (c) take appropriate legal action, including referral to law enforcement, for illegal or unauthorized User Content or use of the Sites.

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 User Content. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSORS 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 US OR LAW ENFORCEMENT AUTHORITIES. 

WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.

PROHIBITED USES

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

  • in any way that violates any applicable law or regulation (including any laws regarding export of data or software to and from the United States or other countries);
  • for the purpose of exploiting, harming or attempting to exploit or harm minors or any other person in any way by exposing them to inappropriate content, asking for PII, or otherwise;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards;
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation, except as expressly permitted on the Sites;
  • to impersonate or attempt to impersonate us, an employee of ours, another user or any other person or entity; or
  • to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm us or users of the Sites or expose them to liability.

Additionally, you agree not to:

  • use the Sites in any manner that could disable, overburden, damage, or impair the Sites;
  • use any manual process or robot, spider or other automatic device, process or means to access, monitor, or copy all or any part of the Sites for any purpose;
  • use any device, software or routine that interferes with the proper working of the Sites;
  • introduce any viruses, trojan horses, worms, logic bombs or other malicious or harmful material;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites;
  • attack the Sites via any denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Sites.

INTELLECTUAL PROPERTY RIGHTS

The Sites, including all of their content, features and functionality (including any information, software code, text, displays, images, video and audio, and the design, selection and arrangement of such material) are owned by us or our licensors or other providers, are protected by US and international copyright, trademark, and other laws and treaties, and may not be used except as permitted in these Terms of Use. No right, title, or interest in or to the Sites or any of their content is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.  

You may not modify, reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Sites or any materials on the Sites, except as expressly permitted by these Terms of Use or other applicable policies. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials.

You may notify us of a suspected copyright infringement in accordance with the relevant provisions of the Digital Millennium Copyright Act.

If you print, copy, modify, download or otherwise use or provide any other person with access to, any part of the Sites in breach of the Terms of Use, your right to use the Sites will cease immediately and you must destroy any copies of the materials you have made.

TRADEMARKS

We own and retain all rights in our trademarks, trade names, and trade dress which may be used in the Sites, including our company and Product names, logos, slogans, and designs, which are our registered and/or common law trademarks of and are protected by United States and international laws and treaties.  No license to use such items is granted to you under these Terms of Use or by your use of the Sites. We will aggressively enforce our intellectual property rights to the fullest extent of the law.

All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.

RELIANCE ON INFORMATION POSTED

The Sites 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 us, are solely the opinions and the responsibility of the person providing those materials. We are not responsible for the content or accuracy of any materials provided by any third parties.  We do not warrant the accuracy, completeness or usefulness of any information on the Sites.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITES

We may automatically collect information about you and how you navigate and use the Sites.  All such information is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE SITES AND SOCIAL MEDIA FEATURES

You may link to our Sites, provided you do so in a way that is legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Our Sites may offer integration with social media websites.  The Sites may provide certain social media features that enable you to (a) link from your own or certain third-party social media websites to certain content on the Sites; (b) send e-mails or other communications with certain content, or links to certain content, on the Sites or (c) cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.  You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not (A) establish a link from any website or social media account that is not owned or controlled by you; (B) cause the Sites or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; or (C) link to any part of the Sites other than the homepage; or (D) otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.   You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE SITES

If the Sites contains links to other sites and resources provided by third parties, these links are provided for your convenience only and do not signify that we endorse any such websites or companies, including any sponsor. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.  These third party websites have their own terms of use and policies and are not subject to these Terms of Use.

GEOGRAPHIC RESTRICTIONS

We are based in the State of Utah in the United States. We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of its content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries.  If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED IN THESE TERMS OF USE OR OTHER APPLICABLE POLICIES, THE SITES AND ANY CONTENT AND SERVICES ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

EXCEPT AS EXPRESSLY PROVIDED, WE HEREBY DISCLAIM 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.

LIMITATION ON LIABILITY AND TIME TO FILE CLAIMS

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES.

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THE SITES, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

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

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, managers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use.

GOVERNING LAW AND JURISDICTION

You agree that all matters relating to the Sites and these Terms of Use 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 Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).

You agree that the federal and state courts located in the of the State of Utah have exclusive jurisdiction over any legal proceedings relating to, arising out of, or connected in any way to your use of the Sites.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

In any litigation or legal proceeding involving us arising from or in connection with this Agreement, if we are the prevailing party in any such litigation or legal proceeding then we shall be entitled to recover its costs, expenses, and attorneys’ fees in any such litigation or legal proceeding, in addition to any other relief or remedy to which we may be entitled or granted.

EXPORT CONTROLS

You acknowledge that the Products may be subject to regulation by agencies of the U.S. Government, including without limitation the U.S. Department of Commerce, which prohibit export or diversion of certain goods to certain countries. Any and all obligations to provide access to or use of the Products are subject in all respects to such U.S. laws and regulations. You shall not, in any manner whatsoever, either remove, convey, export, re-export or transmit the Products or applicable technical data in contravention of applicable law and, in all cases, without our express prior written consent.

ARBITRATION

YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section, DISPUTE RESOLUTION AND BINDING ARBITRATIONS. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section, DISPUTE RESOLUTION AND BINDING ARBITRATIONS.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

WAIVER AND SEVERABILITY

No waiver by us of any term or condition set forth in these Terms of Use 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 by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 the Terms of Use will continue in full force and effect.

NOTICE

Any notices under or in connection with this Agreement between the parties hereto shall be in writing and shall be delivered personally, by first class mail (return receipt requested), or by prepaid express courier, and are effective upon receipt by the other party hereto.  All such notices shall be addressed to the other party hereto at the main business address for such party, or at such other address, and in the case of Licensee to the email of Licensee, as such party may give notice of in accordance with the foregoing notice requirements. Alternatively, notices may be delivered as follows:

  1. We may provide any notice to you by: (i) sending a message to the email address you provide, in which case notice will be effective when we send the email, or (ii) by posting to the Sites, in which case notice will be effective upon posting. It is your responsibility to keep your email address current and to visit the Sites regularly.
  1. To give us notice, you may contact us by email at admin@intellectualstrategies.com.

OTHER PROVISIONS

Nothing contained in this Agreement shall be construed as creating any agency, joint venture, partnership, franchise or any other form of joint enterprise between the parties hereto. The relationship between the parties hereto shall at all times be that of independent contractors. Neither party hereto shall have authority to contract for or bind the other party hereto in any manner whatsoever.

You shall not issue any press release, or similar document, or other public announcement respecting us or this Agreement without our express prior written consent.

ENTIRE AGREEMENT

The Terms of Use, our Privacy Policy, and other policies located on the Sites constitute the sole and entire agreement between you and us with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: admin@intellectualstrategies.com

APPENDICES

The appended documents are all incorporated into these Terms of Use, and terms defined in these Terms of Use shall apply to the appended documents, unless terms are otherwise defined in an individual appendix.

TERMS OF SALE

Terms are defined in our Terms of Use, unless otherwise defined below.

BY PLACING AN ORDER FOR PRODUCTS FROM OUR SITES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.  YOU AFFIRM THAT IF YOU ARE PLACING AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM OUR SITES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR SITES OR ANY OF OUR SITES’ CONTENTS BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of Products through websites (the "Sites").  These Terms are subject to change by us without prior written notice at any time in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Sites. You should review these Terms prior to purchasing any Products that are available through the Sites. Your continued use of any Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Terms of Use that apply generally to the use of our Sites. You should also carefully review our Privacy Policy before placing an order for Products through the Sites.

ORDER, ACCEPTANCE, AND CANCELLATION 

You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

PRICES AND PAYMENT TERMS 

All prices, discounts, and promotions posted on the Sites are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such increases. Posted prices include taxes, unless noted otherwise. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time to time promotions on the Sites that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept American Express, Discover, Mastercard, and Visa for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Sites at the time of your order.

SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS 

We will arrange for electronic delivery of the Products to you. Please check the individual Product page or order page for specific delivery options. If you wish for a physical copy of your purchase, you will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

REFUNDS 

We will provide a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of purchase.  Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE.

ALL PRODUCTS OFFERED ON THE SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES OR LOST PROFITS ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

GOODS NOT FOR RESALE OR EXPORT 

You represent and warrant that you are buying Products from the Sites for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

PRIVACY

Our Privacy Policy located on our Sites governs the processing of all personal data collected from you in connection with your purchase of Products through the Sites.

FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

GOVERNING LAW AND JURISDICTION

The Sites are operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Utah.

DISPUTE RESOLUTION AND BINDING ARBITRATION 

The Arbitration and dispute resolution terms in our Terms of Use shall govern all sales.

ASSIGNMENT 

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

NO WAIVERS

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.

NO THIRD-PARTY BENEFICIARIES

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

NOTICES

SEVERABILITY 

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

ENTIRE AGREEMENT

Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.


Cookie Policy

Terms are defined in our Terms of Use, unless otherwise defined below.

Cookies are small text files that websites place on your computer.  We use cookies tp provide essential services and operate the Site efficiently.  

Managing Cookie Settings

Most internet browsers allow some control of cookies through their browser settings.  You can find out how to manage your browser’s security setting for the following common browsers at the following links:

To opt out of being tracked by Google Analytics across all websites visit: http://tools.google.com/dlpage/gaoptout.  

LEGAL DISCLAIMER

Terms are defined in our Terms of Use, unless otherwise defined below.

We often provide general legal information outside of the legal advice we specifically provide to engaged clients. Unless you are a client with a signed engagement letter acknowledged by us and a retainer paid to us, we do not represent you on any of your matters and will not knowingly provide legal advice or represent you in any way. Any affiliation we have with other attorneys or providers of legal services is incidental and not relevant to your interactions with us.

If you are not a client then:

  • By using our Sites and Products, you are not accessing attorney services or legal advice. Our Sites and Products and any general legal information we provide are not a substitute for the advice of an attorney.
  • Your use of our Sites and Products does NOT establish an attorney-client relationship with us, our employees, or any attorney.
  • Any information you provide us is NOT protected by attorney-client privilege or as work product.
  • Our Sites and Products may employ standardized logic which, in response to information provided by you, traverses and outputs standardized actions you might consider implementing.  We do not review your input or information for accuracy or legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of your situation. 
  • You are solely responsible for the accuracy of information you input to our standardized logic and for how you choose to act or to forego action in response to the output of our standardized logic, including any additional steps or measures advisable or necessary to achieve your business objectives or comply with applicable statutes, rules, and regulations in one or more jurisdictions.  
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