Legal Disclaimer

TERMS OF USE

1. Privacy Policy

   The Offer Haus respects your privacy and is committed to protecting the personal information you share with us. When you create an account to use or access certain parts of the Site, Applications, or Services, you must provide complete and accurate information as requested on the registration form. You will also choose a username and password. You are solely responsible for maintaining the confidentiality of your password and account. You may not use another person's account, username, or password at any time. You agree to notify The Offer Haus immediately of any unauthorized use of your account, username, or password. The Offer Haus will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. You could be held liable for losses incurred by The Offer Haus or another party due to someone else using your account or password.

   In connection with the use of certain The Offer Haus products or services, you may be asked to provide personal information in a questionnaire, application, form, or similar document or service. Furthermore, you grant The Offer Haus a worldwide, royalty-free, non-exclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish, and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by The Offer Haus at any time by removing your personal information from the service.

2. Ownership.

   The Site and Applications are owned and operated by The Offer Haus. All rights, title, and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds, and images (the “Materials”) are owned either by The Offer Haus or by our respective third-party authors, developers, or vendors (“Third Party Providers”). Except as otherwise expressly provided by The Offer Haus, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way, and nothing on this Site or in any Applications shall be construed to confer any license under any of The Offer Haus's intellectual property rights, whether by estoppel, implication, or otherwise. The Offer Haus does not sell, license, lease, or otherwise provide any of the Materials other than those specifically identified as being provided by The Offer Haus. Any rights not expressly granted herein are reserved by The Offer Haus.

3. Limited Permission to Download.

   The Offer Haus hereby grants you permission to download, view, copy, and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that:

   1. Where provided, the copyright and trademark notices appearing on any Materials are not altered or removed.
   2. The Materials are not used on any other website or in a networked computer environment.
   3. The Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms and conditions of these Terms of Use. Upon such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

4. Links to Third Party Sites.

   This Site and Applications may contain links to websites controlled by parties other than The Offer Haus (each a “Third Party Site”). The Offer Haus works with a number of partners and affiliates whose sites are linked with The Offer Haus. The Offer Haus may also provide links to other citations or resources with whom it is not affiliated. The Offer Haus is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services, or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such sites. The Offer Haus makes no guarantees about the content or quality of the products or services provided by such sites. The Offer Haus is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Offer Haus is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Offer Haus of the Third Party Site, nor does it imply that The Offer Haus sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that The Offer Haus is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

5. Use of The Offer Haus Legal Forms.

   On our Site, through our Applications, and through certain partners, we offer self-help “fill in the blank” forms. If you buy or download a form on our Site or Application, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

6. DISPUTE RESOLUTION; BINDING ARBITRATION.

   PLEASE READ THIS SECTION CAREFULLY AS IT REQUIRES YOU AND THE OFFER HAUS TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH THE PARTIES CAN SEEK RELIEF, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS IN SECTION 6(g), BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND THE OFFER HAUS FROM SUING IN COURT OR HAVING A JURY TRIAL.

   1. No Representative Actions. You and The Offer Haus agree that any dispute or claim between us, including those arising out of or related to these Terms or our Services, is personal to you and The Offer Haus and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. For the purposes of this Arbitration Agreement, references to “The Offer Haus,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
   2. Arbitration of Disputes. Except for (i) individual actions in small claims court located in the county of your billing address or (ii) actions in court seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and The Offer Haus agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any aspect of the relationship between us (collectively, “Disputes”) resolved in court. Disputes include, but are not limited to, (a) those arising out of or related to these Terms or our Services, and (b) those related to advertising, privacy, data security, and the use of our website. This Arbitration Agreement applies to all Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, Disputes arising before you accepted these or any prior Terms, Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class, and Disputes asserted against The Offer Haus by those you list as authorized contacts on your order.
   3. Arbitration Procedures. For any Dispute that you have against The Offer Haus, or that The Offer Haus has against you, you and The Offer Haus agree to attempt to resolve the Dispute informally via the following process. If you assert a claim against The Offer Haus, you must first contact us by sending a written notice of your Dispute (“Claimant Notice”) to The Offer Haus by U.S. certified mail addressed to The Offer Haus, LLC, attn: Offer Haus Inc, 2355 State St Suite 101 Salem OR 97301; a courtesy copy of the Notice should also be sent by email to theofferhaus@gmail.com. The Claimant Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. For any Dispute that The Offer Haus may have against you, we will provide you notice (“The Offer Haus Notice”) in similar form to that described above via the mailing address and email address associated with your account. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or The Offer Haus first send the applicable Notice so that the parties can engage in this informal dispute resolution process.
   4. Continuation of Arbitration and Procedures. If you and The Offer Haus cannot reach an agreement to resolve the Dispute within thirty (30) days after notice is provided, then either party may submit the Dispute to binding confidential arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth herein, in court. All Disputes submitted to AAA will be resolved through binding arbitration before one arbitrator. Unless the parties agree in writing to a different location, arbitration proceedings will be held in Lane County, Oregon; if you are a Consumer, however, you may elect to hold the arbitration in your county of residence. For purposes of this Section 6, a “Consumer” means a person using the Services for personal, family or household purposes.
   5. Arbitration Rules. If you are a Consumer, you and The Offer Haus agree to use the AAA Consumer Arbitration Rules. If you are not a Consumer, you and The Offer Haus agree to use the AAA Commercial Arbitration Rules, including the Expedited Procedures for all Disputes with a value of $75,000 or less. The most recent versions of the AAA Consumer and Commercial Arbitration Rules are available on the AAA’s website at https://www.adr.org/Rules and such rules are hereby incorporated by reference into this Arbitration Agreement. You either acknowledge and agree that you have read and understand the applicable AAA Arbitration Rules or waive your opportunity to read the AAA Arbitration Rules and waive any claim that such rules are unfair or should not apply for any reason.
   6. Opt Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 6 by sending, via U.S. certified mail, a written Notice of Opt Out to The Offer Haus. The Notice of Opt Out must be addressed to: Notice to Opt Out, The Offer Haus, LLC, attn: Offer Haus Inc, 2355 State St Suite 101 Salem OR 97301; a courtesy copy of the Notice of Opt Out should also be sent by email to theofferhaus@gmail.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19, though, as stated above, you agree any such action will be brought as an individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
   7. Additional Terms. If any portion of this Section 6, above, is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 6 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 6; and (c) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. If you wish to seek public injunctive relief against The Offer Haus, such claim (and only such claim) must be severed from the arbitration and brought in court in accordance with the provisions of Section 19. You and The Offer Haus agree that the state or federal courts of the State of Oregon and the United States sitting in Lane County, Oregon have exclusive jurisdiction over the enforcement of an arbitration award made pursuant to this Arbitration Agreement.

7. Governing Law and Venue.

   Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Oregon, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Lane County, Oregon. You consent to personal and exclusive jurisdiction in these courts.

8. Acknowledgement.

   BY USING THE OFFER HAUS'S SERVICES OR ACCESSING THE OFFER HAUS SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.