Terms of Use

ARCHIVED 2023-12-01, DATE APPROXIMATE · VERSION 20231201_rev01 · COMPARED WITH 20231010_rev01

Full text changes — 20231010_rev01 to 20231201_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

117	117	F. Assignment. You may not assign any or all of your rights or obligations under this Agreement without the prior written consent of Jotform. If we do give our consent, you agree to ensure that the assignee agrees in writing to the terms of this Agreement.
118	118
119	119	G. Relationship of the parties; No Third-Party Beneficiaries. The parties hereto are independent entities. Nothing in this Agreement or any attachment hereto creates or will create any partnership, joint venture, agency, franchise, or employment relationship between the parties. There are no third-party beneficiaries to this Agreement.
120	120
121	121	H. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law provisions, and of the United States if the issue is federal in nature. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
122	122
123		I. Disputes / Arbitration. The parties agree that all disputes between them shall be finally resolved by binding arbitration before a single neutral arbitrator under the auspices of the American Arbitration Association if the arbitration is filed in the United States, or under the auspices of the ICC (International Court of Arbitration) if the arbitration is filed in a country in which ICC has offices; arbitration shall not be filed or take place in any other location. The arbitrator shall give a written opinion stating the factual basis and legal reasoning for their decision. The prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs associated with the arbitration. An arbitration award shall be enforceable in a court of competent jurisdiction. Notwithstanding the foregoing, no arbitrator shall have the power or authorization to hear or decide a dispute between us regarding Section 9 of these Terms, or to issue any form of injunctive relief. THE PARTIES HEREBY VOLUNTARILY WAIVE A TRIAL BY JURY OF ALL CLAIMS.
	123	I. Disputes / Arbitration. The parties agree that all disputes between them shall be finally resolved by binding arbitration before a single neutral arbitrator under the auspices of JAMS (www.jamsadr.com), in San Francisco, CA, or at another JAMS office location if ordered by JAMS or a court of competent jurisdiction; or under the auspices of the ICC (International Court of Arbitration) if the arbitration is filed outside the US in a country in which ICC has offices. Each party shall be entitled to take one deposition of the other party, conducted on a single day, lasting no more than eight hours. Each party shall be entitled to propound one set of document demands to the other party, consisting of no more than ten categories of documents, with no sub-parts. No other forms of discovery shall be allowed. The arbitrator shall give a written opinion stating the factual basis and legal reasoning for their decision. An arbitration award shall be enforceable in a court of competent jurisdiction. The parties agree that neither of them shall make a claim or demand in any arbitration between them for any form of injunctive relief or for the defense or indemnification or holding harmless of a party. In the event that a court or arbitrator of competent jurisdiction determines or rules that the dispute shall be decided in court rather than through arbitration, and for all non-arbitrable disputes, THE PARTIES HEREBY VOLUNTARILY WAIVE A TRIAL BY JURY OF ALL CLAIMS, CAUSES OF ACTION, AND DEFENSES.
124	124
125	125	J. Limitations Period. The parties agree that no claim shall be initiated or filed against the other party more than one year after the cause of action arises.
126	126
127	127	K. Manner of Giving Notice. Notices regarding this Agreement shall be in writing and addressed to us to legal@jotform.com.
128	128
129	129	L. Force Majeure. Jotform shall not be liable to you for any delay or failure to perform hereunder (excluding payment obligations which may be delayed but not excused) due to circumstances our party's reasonable control, including acts of God, acts of government, pandemic, flood, fire, earthquakes, civil unrest, acts of terror, labor strikes, service disruptions involving hardware, software or power systems not within such party's reasonable control, and denial of service attacks.
157	157	U. Privacy / Tracking. By visiting the Website and/or using the Platform, you acknowledge that, as stated in our Privacy Policy at [www.jotform.com/privacy](https://www.jotform.com/privacy), and in our Cookie Policy at [www.jotform.com/cookie-policy/](https://www.jotform.com/cookie-policy/), we use tracking cookies and similar technologies to better understand visitor and user behavior, and you waive any and all claims against us arising out of our use of those technologies.
158	158
159	159	## Questions
160	160
161	161	If you have any questions about this terms of use, please feel free to [contact us](https://www.jotform.com/contact/).
162	162
163		Last Update: Sep 29, 2023
	163	Revision November 20, 2023