Comment: with the scroll box method of "click-wrapped" agreement presentation, the agreement should be presented electronically to the user as part of the registration process. A significant portion of the agreement should be visible in the box in order to provide conspicuous notice to the user of a legal agreement. The user should not be permitted to continue with registration until there is an acceptance that is indicated by checking the "I ACCEPT" checkbox (or by clicking on an "I ACCEPT" button). In order to require the user to make an affirmative action to indicate acceptance, the checkbox for "I ACCEPT" should either be presented unchecked, or if there is a checkbox for "DECLINE" (instead of a button per the example below), it should be checked as the default choice.
 

DIGITAL CONTRACTS, INC. ("DCI") IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT TO USE THIS SITE AND A LICENSE FOR THE CONTENT SPECIFIED HEREIN ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "I ACCEPT" BELOW, YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "YOU" OR "YOUR" SHALL REFER TO YOUR ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, THEN DCI IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES DELIVERED BY THIS SITE.                   CONTENT LICENSE AGREEMENT                Effective Date: February 16, 2004 1. Parties. The parties to this Agreement are you, the licensee ("You"), and the owner and operator of this web site: DIGITAL CONTRACTS, INC., a Georgia corporation ("DCI"). All references to "us", "this web site" or "this site" shall be construed to mean DCI. If the user is not an individual, then "You" means Your company, its officers, members, agents, successors and assigns. 2. License Grant For Content. Subject to the terms of this Agreement, You are granted non-exclusive rights access the private area of this site and to download and use the text files consisting of legal documents generated by the ContractMaker Internet service ("Content") only for purposes of (i) use for Your own internal business purposes at a single business location, or (ii) use in your professional law practice at a single business location if you are a licensed attorney, provided such use is incident to providing legal services within an attorney-client relationship. 3. Use Restrictions For Content. You may copy, modify, and transfer the Content to others provided such use is consistent with the license grant provided above; however, You are not authorized (i) to resell or sublicense the Content, (ii) to distribute, transmit, or publish the Content to the public, either with or without valuable consideration, in any form, format, or method, including without limitation, by posting on the Internet, or (iii) otherwise to use the Content as part of a product or service for any commercial use or purpose, either with or without valuable consideration. If you are not a licensed attorney, You are not authorized to use the Content for the benefit of others. 4. Eligibility. Licenses are not available to minors under the age of 18 years of age and any user that has been suspended or removed from the system. You may not have more than one active license. 5. Subscription License Term. The term of the license granted herein shall be on a subscription basis with a term of one (1) year. After the expiration of the subscription term, You may purchase a renewal license in accordance with the terms and conditions posted at the Digicontracts.com web site. 6. Restrictions Regarding Sharing of Identification and Password Codes. You shall be issued a unique identification and/or password codes for use in accessing the Digicontracts.com web site during the term of Your subscription license. You agree to safeguard Your identification and/or password codes. You may share Your identification and/or password codes with others in your company or organization, provided that all sharing and use, including Your use, is limited to employees who work out of a single location or site. You shall not transmit or share Your identification and/or password codes with others who work outside your business location. 7. Ownership. DCI and its suppliers own the Content and all intellectual property rights embodied therein. The Content is protected by United States copyright laws and international treaty provisions. This Agreement provides You only a limited use license, and no ownership of any intellectual property. 8. Registration Data. Registration is required for you to download Content from this site. You agree (i) to provide certain current, complete, and accurate information about You as prompted to do so by the registration form ("Registration Data"), and (ii) to maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that your Registration Data is accurate and current, and that You are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that You provide is untrue, inaccurate, not current or incomplete, DCI retains the right, in its sole discretion, to suspend or terminate rights to use the services. Solely to enable DCI to use information You supply us internally, so that we are not violating any rights You might have in that information, You grant to DCI a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by DCI's computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by DCI, in each case by any method or means or in any medium whether now known or hereafter devised. 9. Privacy Policy. Registration Data and certain other information about You is subject to our Privacy Policy which may be accessed from the this site's HOME PAGE. 11. Technical Support. DCI shall answer questions by email and telephone regarding the use of the web site and the materials licensed hereunder. 12. Money-Back Guarantee. DCI offers a money back guarantee under terms and conditions provided on this web site. If You are not satisfied with the licensed materials for any reason, you may receive a complete refund in accordance with such terms and conditions. Accuracy of Information and Disclaimer of Warranty Regarding This Site. DCI has made every effort to present the services and content on this site accurately, but additions, deletions and changes may occur. Except as may be provided in any separate written agreements signed by the parties, the services, content, and/or products on this site are provided "as is", and neither DCI, Buker Jones & Haley PC, Frederick L. Cooper III PC, nor Frederick L. Cooper III, individually, make any representation or warranty with respect to such products, services, and/or Content. Except as may be provided in any separate written agreement signed by the parties, DCI, Buker Jones & Haley PC, Frederick L. Cooper III PC, and Frederick L. Cooper III, individually, specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to this site or products, services and/or Content acquired from this site, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, noninfringement, or fitness for any particular purpose. This disclaimer of warranty constitutes an essential part of this agreement. No purchase or use of the items or Content offered by this site is authorized hereunder except under this disclaimer. If implied warranties may not be disclaimed under applicable law, then any implied warranties are limited in duration to the period required by applicable law. Some states do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to You. Information and Content provided on or through this site are for general informational purposes only, and are not intended as legal advice on any specific issue. You agree that it is your responsibility to seek competent legal counsel to advise you regarding the applicability of any content to specific factual situations. You agree that this Agreement and/or your subscription license do not create an attorney-client relationship. If you require legal representation, an attorney-client relationship may be created, but only by a separate, written engagement agreement signed by a partner of the law firm. Limitation of Liability. Under no circumstances will DCI or its affiliates have any liability with respect to any claims or damages (whether indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this site or its Content, even if advised of the possibility of such damages. Direct damages are limited to the amount of fees paid for Your subscription license for the current year. Licensee Outside The U.S. If You are located outside the U.S., then the following provisions shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); and (ii) You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software, and You represent that You have complied with any regulations or registration procedures required by applicable law to make this license enforceable. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Atlanta, Georgia, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Georgia, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00. Jurisdiction And Venue. The courts of Fulton County in the State of Georgia, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement. Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be. Miscellaneous. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the State of Georgia, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language. If you are willing to accept these terms and conditions and be bound in a legal agreement, please indicate your acceptance below.

I Accept