Terms of Service

These Terms of Service apply to the website located at https://www.storyllp.com (the "Site") and the software application located at https://www.story.law (the "App"), and certain services available through that Site and App (collectively, the "Services"). These Terms cover your ("you", "your", and/or "users") use of the Site and Services outside of a legal engagement with the Story Firm.

What is Story LLP?

Story LLP is a brand collaboration between California Limited Liability Partnership and law firm Story LLP and Story LLP Software Inc, a Delaware corporation, which is operated pursuant to an exclusive license and collaboration agreement between these entities, and which is designed to facilitate certain elements of the Story LLP Law Firm's practice of legal services for individual and entity clients through automated tools that ensure and protect client confidentiality and privilege. The entities are under the common control of a licensed attorney. We refer to Story LLP Software Inc in this Policy as "Story Software" and we refer to the Story LLP Law Firm as "Story Firm." When we use "Story," "we," "us," and/or "our" in these terms, we mean both Story Software and not Story Firm. The Story Firm is not a party to this contract, and any covenants or license grants to you herein are offered solely by Story Software.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, THESE TERMS OF SERVICE INCLUDE OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE ALL DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND WILL NOT BE PERMITTED TO PURSUE CLAIMS OR SEEK RELIEF AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS UNDER CERTAIN CONDITIONS SET FORTH BELOW IN THE SECTION OF THESE TERMS AND CONDITIONS ENTITLED “DISPUTE RESOLUTION AND BINDING ARBITRATION”; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW, TO HAVE A JURY TRIAL ON ANY AND ALL CLAIMS OR TO HAVE A JUDGE REVIEW YOUR CLAIMS. THIS ARBITRATION AGREEMENT WILL ALSO AFFECT YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LITIGATION AGAINST THE COMPANY. PLEASE SEE THE SECTION OF THESE TERMS ENTITLED “DISPUTE RESOLUTION AND BINDING ARBITRATION AGREEMENT” FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

What portions of these Terms apply to You?

Definitions

The following capitalized defined terms are used throughout these Terms of Service:

If you are a user of or visitor to the Site who does not use the App and is not a Story Firm client under engagement, we refer to you in these terms as a "Visitor" the provisions of these Terms relating to the Site and the Services on the Site alone apply to Visitors' use of the Services.

If you visit the App and do not create an account, we also refer to you in these terms as a "Visitor" and the provisions of these Terms relating to Visitors apply to your use of the Services.

"User" means an individual who creates an account on the App but does not execute a click-through Story Firm Engagement Letter Agreement. The provisions of these Terms relating to both Users and Visitors apply to Users' use of the Services.

"Client" means an individual representative of a company who creates an account on the App AND executes a click-through Story Firm Engagement Letter Agreement on behalf of that same company. Client may also access the services via email to gc@storyllp.com.

The provisions of these Terms relating to each of Users, and Visitors, and Clients apply to client's use of the Services. however, in the event that different terms apply Users, and Visitors, and Clients, the provisions applicable to Clients apply to you.

If you did NOT create an account on the App AND execute a click-through Story Firm Engagement Letter Agreement, but were previously or separately under engagement with the Story Firm, these Terms and our Privacy Policy do not apply to you unless and until you create an account on the App, at which time the provisions applicable to Clients herein will apply to you.

"Contributions" means, to the extent you choose to provide (1) any feedback or comments to Story or (2) written or verbal communications to Story through the Services, by messaging through the Site, or otherwise, including without limitation correspondence regarding your legal matters and any attempted or actual placement of a matter with an Attorney Ally, all such communications and contributions.

"Profile Information" means, to the extent you choose to provide information describing yourself or your company (including without limitation any preferences or requests you may have) to Story or through the Services, such descriptive information. To the extent nonpublic profile information is provided to the Story Firm to seek legal advice, we treat that information as privileged and confidential.

"Legal File" means, to the extent you choose to provide legal documents of any nature, or any other documents, materials, or information that describe or reflect the legal background of your company or yourself to Story or through the Services, any such information. Your Legal File includes the information you provide about your stakeholders, events, and assets and information you provide in the course of requesting legal work product. If you are a Client, nonpublic elements of your legal file will be handled as privileged and confidential.

Summary of Key Terms

Licenses

Your Licenses to Story

Regardless of whether submitted directly to the Story Firm or provided through the Site or App operated by Story Software on behalf of the Story Firm, You hereby grant Story an unlimited, perpetual, transferable, sublicensable, worldwide, fully-paid up right and license to copy, use, display, publish, perform and make derivative works of your:

Visitors

If you are a Visitor to the Site, Story hereby grants you a limited, personal, revocable, non-sublicensable, non-transferable license to use the Site for non-commercial purposes during the Term of these Terms, on the condition that you remain in compliance with the entirety of these Terms.

Users

If you are a User of the App, Story hereby grants you a limited, personal, revocable, non-sublicensable, non-transferable license to use the App for non-commercial purposes during the Term of these Terms, on the condition that you remain in compliance with the entirety of these Terms.

Clients

If you are a Client, Story hereby grants you a limited, personal, revocable, non-sublicensable, non-transferable license to use the Services for your internal business purposes during the Term of these Terms, on the condition that, and solely to the extent that, you remain in compliance with the entirety of these Terms.

Your Promises to Story

You understand that Story may, in certain cases, provide a referral to an Attorney Ally with whom Story has a written joint representation and fee-sharing agreement for your legal matter. In such cases, you will always also have an Engagement Letter in place with Story Firm, which will be co-counsel with any and all Attorney Allies on such matter. You agree that if you have any questions or concerns whatsoever about the nature of any fee-sharing arrangements, you will present them when the arrangement is first disclosed to you or promptly thereafter.

You understand and agree that you are not required to engage Story or any of its Attorney Allies for legal services of any kind. However, if you do choose to engage the Story Firm or an Attorney Ally for legal services, including through the App, you agree to be bound by the payment and administrative terms set forth in your engagement letter with Story as well as the terms of any engagement addendum with the applicable Ally, each in addition to these Terms.

You represent, warrant, and covenant to Story that:

You agree that:

You acknowledge and agree that the Services, including without limitation all associated intellectual property rights, are the exclusive property of Story and its licensors, and that You have no right to sublicense the license rights granted herein. You may not and will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms and as enabled by the Services themselves when used in accordance with these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Story or its licensors, except for the licenses and rights expressly granted in these Terms.

Acceptable Use Policy

You agree to abide by the following Acceptable Use Policy at any time you use the Services:

Suspended Accounts

If Story encounters evidence of suspicious activity in connection with your account, including, but not limited to, evidence that the account is being used by someone who is not authorized to do so, you acknowledge that Story, in its sole discretion, may opt to temporarily disable your account or the related organizational account for a reasonable amount of time in order to investigate. In the event that Story disables your account, You understand that, absent a subpoena or court order, no information about your account will be provided to anyone outside Story, including you or any authorized contact, until the investigation is complete. Additionally, you understand that Story, in its sole discretion, may decide not to send any documents associated with your account to you or to file any such documents with any government authority, while your account is disabled in case an unauthorized person might have initiated legal actions. You acknowledge that Story will not be liable for any delays caused by these policies and procedures.

You acknowledge and agree

that these terms affect your legal rights and obligations. If you do not agree to be bound by all of these terms, you agree to immediately stop using the Services. By using the Services, you agree to these Terms of Service.

Fees

If you access any Services for which a fee of any kind is charged, including legal services through the Story Firm or Attorney Alliance you agree to pay that fee in full and on time. The amount and due date of any payment will be quoted to you prior to purchase, other than:

Limitations of Liability

EXCEPT AS PROHIBITED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD STORY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, 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 STORY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF STORY (WHETHER OF STORY SOFTWARE OR THE STORY FIRM), 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 AVAILABLE AGAINST STORY. 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 TO THE EXTENT YOU RESIDE OR ARE SUBJECT TO THE LAW OF THAT STATE.

To the extent that Story recommends a third party product or service which is not an Attorney Ally, STORY IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD PARTY MAY HAVE TERMS OR A PRIVACY POLICY DIFFERENT FROM THAT OF STORY AND THE THIRD PARTY WEBSITE AND/OR SERVICE MAY PROVIDE LESS SECURITY THAN THE STORY SITE.

Specific Limitation of Liability for Clients Using Automated Services

Story provides certain automated legal services through the App, which are designed to consider data we possess about each Client in order to generate lower-cost, more-accessible legal work products, information, and suggestions which are customized according to what Story knows and understands about you or your business, but are not as customized as we would expect a human lawyer to provide. You expressly agree that Story offers, and you accept, automated Services at a lower price than Custom human legal services solely on the condition that, and with your agreement that, STORY SOFTWARE SHALL NOT BE DEEMED TO PROVIDE LEGAL ADVICE, AND STORY SHALL NOT BE LIABLE FOR LEGAL MALPRACTICE ON THE BASIS OF OUTPUTS OF OUR AUTOMATED SERVICES through any such fully-automated legal services.

EACH CLIENT ACKNOWLEDGES AND AGREES THAT STORY CAN ONLY PROVIDE LEGAL ADVICE OR AUTOMATED SERVICES BASED ON INFORMATION PROVIDED TO US, AND THAT RECOMMENDATIONS MAY BE INACCURATE, INCOMPLETE, OR WRONG IF THE INFORMATION PROVIDED TO US IS INACCURATE, INCOMPLETE, OR WRONG.

If you engage an Attorney Ally, you understand that you may be required to accept additional terms from the Attorney Ally in order to work with them. An Attorney Ally may contact you by email and/or phone separately from the Services in such cases. STORY FURTHER HEREBY DISCLAIMS LIABILITY FOR, FROM, OR IN CONNECTION WITH ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES TRANSMITTED DIRECTLY TO ATTORNEY ALLIES WITHOUT NOTIFYING STORY. EACH OF STORY FIRM AND AN ATTORNEY ALLY SHALL REMAIN RESPONSIBLE FOR ANY MALPRACTICE CLAIMS AGAINST THEM BASED ON THE SPECIFIC NON-AUTOMATED HUMAN LEGAL SERVICES THEY PROVIDED.

DISPUTE RESOLUTION BY BINDING ARBITRATION

Summary of Arbitration Provisions:

Dispute Resolution and Binding Arbitration

  1. Applicable Law: This Arbitration Agreement is governed by the Federal Arbitration Act, (9 U.S.C. § 1, et seq.; hereafter the “FAA” or “Act”) and governs all aspects of your relationship with Story. This agreement reflects a transaction involving commerce within the meaning of the Act. The Act and cases interpreting the Act will govern the interpretation and enforcement of this Dispute Resolution and Binding Arbitration Agreement.

  2. Scope of this Arbitration Agreement: You understand and agree that you and Story will arbitrate any past, present and future disputes controversies or claims (“Dispute”) relating to Story, your engagement with, access to or use of Story’s software, your use of any other services provided by Story, any advertising or marketing communications regarding Story, its agents, or its vendors, any products or services sold or distributed through Story or to any aspect of your relationship or transactions with Story as a User of our Services or that you may otherwise have against (i) Story; (ii) Story’s officers, directors, employees or agents; (iii) Story’s parent, subsidiary and affiliated companies or entities (and any of their officers, directors, employees or agents); and/or (iv) all successors and assigns of any of these persons or entities.

  3. Types of Disputes Subject to this Agreement: The types of Disputes that are covered by this agreement include, but are not limited to, contract claims, tort claims, claims against Story in any way related to the services or use of Story’s platform; claims related to your registration for an account to use Story’s services, claims related to your payment for the services, and claims for violation of any federal, state, or local government law, statute, regulation, or ordinance, except if those claims are not arbitrable as a matter of applicable law not preempted by the Federal Arbitration Act. These will be resolved by binding arbitration, rather than in court. Except for those limitations set forth below, this Arbitration Agreement shall otherwise apply, without limitation, to all Disputes between you and Story, including any Disputes that arose or were asserted before the Effective Date of this Agreement.

  4. When Arbitration Does Not Apply: To the extent that any claim is not arbitrable as a matter of applicable law and not otherwise preempted by the Federal Arbitration Act, this arbitration agreement does not apply. Nothing in this Arbitration Policy prevents, or is intended to prevent, the investigation by a federal or state governmental agency of any report, claim or charge related to Story or your use of its service that otherwise would be required to be arbitrated under this agreement. This arbitration agreement does not prevent federal or state administrative agencies from adjudicating claims and awarding remedies based on those claims, even if this arbitration agreement or other terms of service would otherwise cover the claims. Nothing in this Arbitration Policy prevents or excuses a party from satisfying any required conditions precedent and/or exhausting any required administrative remedies under applicable law before bringing a claim in arbitration which is related to a Dispute relating to Story or your use of the service.

  5. Concurrent Governmental or Administrative Jurisdiction: Nothing in this Arbitration Agreement prevents, or is intended to prevent, the investigation by a federal or state governmental agency of any report, claim or charge related to Story or your use of its platform that otherwise would be required to be arbitrated under this agreement. This arbitration agreement does not prevent federal or state administrative agencies from adjudicating claims and awarding remedies based on those claims, even if this arbitration agreement or other terms of service would otherwise cover the claims; provided, however, that if you and Story have completed the arbitration process contemplated by this agreement prior to the date upon which a federal or state administrative agency commences its adjudicative process, the decision of the arbitrator may be submitted by Story to the administrative agency as evidence that the Dispute giving rise to the investigation or adjudication has been successfully resolved by and between the parties themselves and that the agency should therefore give deference to that arbitration decision.

  6. Conditions Precedent Not Excused: Nothing in this Arbitration Agreement prevents or excuses a party from satisfying any required conditions precedent and/or exhausting any required administrative remedies under applicable law before bringing a claim in arbitration which is related to a Dispute or which relates to Story, a Service Client, or your use of the platform.

  7. Exception for Small Claims and Intellectual Property Disputes: You and Story also each retain the right to bring an action in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; or to seek injunctive or other equitable relief on an individual basis in a federal or state court located in the county in which you resided at the time the events giving rise to the Dispute occurred, including with respect to any dispute, claim or controversy related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

  8. Attempt to Informally Resolve Disputes Required: You and Story agree that good-faith informal efforts to resolve disputes often result in a prompt, low-cost and mutually beneficial outcome. To expedite resolution and reduce the cost of any Dispute, before proceeding with arbitration or any matter which is not required to be arbitrated under the terms of this Agreement you and Story agree to first attempt in good faith to resolve any Dispute (except those Disputes expressly excluded below) informally through negotiation for at least ninety (90) days before initiating any arbitration or court proceeding.

    • How We Will Conduct Informal Negotiations: You agree that we will personally meet and confer, via telephone or videoconference, to undertake a good-faith effort to resolve informally any Dispute covered by this mutual Arbitration Agreement. If you are represented by an attorney, your attorney may participate in the conference, but you must still also fully participate in the conference.
    • Notice Required to Start Informal Negotiations: If one of us wishes to seek resolution of a Dispute related to any aspect of your relationship with Story must give notice to the other party in writing of its, his, or her desire for an informal dispute resolution conference. To notify Story that you intend to initiate an informal dispute resolution conference, you must send written notice to Story by mail or facsimile transmission at the address and phone numbers provided in the Notice section of these terms of service or email the request for informal dispute resolution to help@storyllp.com. The notice must provide your name, telephone number associated with your Story account (if any), the email address associated with your Story account, and a description of the Dispute.
    • Timing: The informal conference required by this section will occur within 60 days after the other party receives notice of a desire to conduct a conference, unless you and Story mutually agree to an extension of time. In the interval between the sending of notice and the date of the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration or any court proceeding relating to a Dispute. While the informal dispute resolution process takes place, any statute of limitations and any filing deadlines which govern the Dispute shall be tolled until you and Story agree to (or, alternatively, Story notifies you in writing of its intent to), conclude the informal negotiation process. If the informal dispute resolution process does not fully and finally resolve the Dispute within ninety (90) days of the date upon which one party notifies the other of a desire to engage in informal dispute resolution, the parties can agree to continue the informal dispute resolution process or, if they do not reach agreement to do so, conclude the informal dispute resolution process.

  9. The Arbitration Process: You and Story agree that the following will apply if the informal dispute conference does not end with a full and final resolution of any Dispute governed by this arbitration agreement that is not otherwise exempted from arbitration by the terms of this agreement.

    1. Notice of Intent to Arbitrate: Before you may begin an arbitration proceeding, you must send notice of an intent to initiate arbitration to Story. The notice must be in writing and include a certification by you that the pre-filing informal dispute resolution process has been completed. If notice of arbitration is being sent to Story, it must be sent by email to the attorney who represented Story in the informal dispute resolution process with you. If Story did not have an attorney during the informal dispute process, then this notice must be sent by mail to the Notice address provided in Story’s terms of service. The notice required by this section must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the party seeking arbitration.
    2. Initiation of Arbitration: The arbitration will be conducted by an arbitrator affiliated with Judicial Arbitration and Mediation Services (“JAMS”) under its rules and pursuant to the terms of this Agreement. A demand for JAMS arbitration demand must be submitted to JAMS in writing and served upon Story by sending it to the attorney who represented Story in the informal dispute resolution process with you. If Story did not have an attorney during the informal dispute process, then this notice must be sent by mail to the Notice address provided in Story’s terms of service.
    3. Time Limits for Commencing Arbitration: Any party to this Arbitration Agreement asserting that a Dispute or other type of claim exists by and between you and any Story Party must give written notice of the dispute and/or claim to the other party not later than the expiration of the statute of limitations that the law prescribes for resolution of the type of Dispute at issue between the parties; provided, however, that the statute of limitations shall be tolled during the time that the parties are engaged in the informal dispute resolution process set forth above. Filing a government complaint will not extend the statute of limitations for commencing arbitration except to the extent required by applicable law not preempted by the Federal Arbitration Act. The parties acknowledge that they are encouraged to give written notice of any Dispute as soon as possible after the event or events in dispute so that arbitration of any disputes may take place promptly. The Arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
    4. Selection of the Arbitrator: The arbitrator will be selected utilizing the rules for appointment in effect at JAMS at the time arbitration is initiated. You and Story will each have those rights to participate in the selection of a neutral arbitrator provided for by JAMS’s rules. If no arbitrator is available through JAMS to arbitrate, the parties will then proceed with arbitration through either JAMS or another alternative arbitral forum.
    5. Rules to be Used in Arbitration: The arbitration will be commenced and conducted under JAMS’ Comprehensive Arbitration Rules & Procedures ("JAMS Rules"). You may review these rules at JAMS website (https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-7). In the event that an alternative arbitral forum is required to be chosen for any reason, the arbitration rules used by that alternative forum for the type of Dispute at issue shall apply to the arbitration.
    6. Costs of Arbitration: Your duty to pay arbitration fees and your share of arbitrator compensation will be governed by the JAMS Rules (and, where appropriate, limited by JAMS Rules) governing the particular type of dispute. All disputes regarding the payment of arbitrator or arbitration-organization fees, including the timing of such payments and remedies for nonpayment, shall be determined exclusively by the arbitrator, and not by any court.
    7. Location for Arbitration: The arbitration may be conducted through the submission of documents, by phone or remotely online or by videoconference or, if the arbitrator so orders, in person. In the event that the arbitrator orders that the arbitration take place in person, the arbitration will take place in the county (or comparable governmental unit) in which you last received services. No Dispute subject to this arbitration agreement will be subject to in-person arbitration in any other venue or forum absent agreement between you and Story.

    Only the arbitrator, and not any federal, state, or local court or agency, shall have the authority to resolve any Dispute. This power and authority includes the authority to resolve all matters relating to the interpretation, applicability, validity, breach, enforceability, or formation of this arbitration agreement, including without limitation any claim that all or part of this arbitration agreement is void or voidable. The arbitrator shall have exclusive authority to resolve all threshold arbitrability questions relating to a Dispute.

    • The arbitrator shall have the sole authority to rule upon requests for discovery or make procedural rulings as provided for under JAMS rules, and to consider and rule upon motions brought by either party which are dispositive of all or part of any Dispute. The arbitrator will have the authority to award, on an individual basis, compensatory monetary damages and any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and Story’s terms of service. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have; provided, however, that the arbitrator shall have no power to award punitive or exemplary damages except where permitted by statute, and you and Story waive any right to recover punitive and/or exemplary damages.
    • Statement of Decision: Upon the conclusion of the arbitration process, the arbitrator will issue a decision about the Dispute in writing but need not provide a statement of the reasons for the decision unless you or Story request one. If requested, the arbitrator will include in his or her statement of decision the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator’s decision is final and binding on you and Story.
    • Non-Precedential Nature of Award: The arbitrator’s award shall be binding only among the parties to the arbitration. The award shall have no preclusive effect in any other arbitration or other proceeding involving a different party and may not be used by any party to the arbitration as evidence in any subsequent or different arbitration or in any court proceeding other than one arising from or relating to the Dispute which resulted in the arbitration award.

  10. Mutual Assent to Court Proceedings in Furtherance of Arbitration: By accepting this arbitration agreement, you and Story mutually consent to the personal and subject matter jurisdiction of the federal and state courts located in the county (or comparable governmental unit) in which the address you last received services is located. By accepting this arbitration agreement, you and Story mutually consent to the jurisdiction of the federal and state courts solely for the purposes of (a) compelling arbitration pursuant to the terms of this agreement; (b) staying any pending court proceeding pending arbitration; or (c) to confirm, modify, vacate and/or enter judgment on any award made by the arbitrator.

  11. Waiver of Court or Jury Trial: BY AGREEING TO ARBITRATE, YOU AND THE COMPANY ARE EACH GIVING UP ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND TO HAVE ANY DISPUTE HEARD THERE BY A JUDGE OR JURY. You and Story are instead electing to have any and all of your claims and disputes against each other resolved by arbitration, except as expressly specified in these terms of service. You and Story are making this election knowing that there is no judge or jury in arbitration proceedings, and that court review of an arbitration award is limited.

  12. Waiver of Right to Participate in Third-Party, Class or Consolidated Actions: IF YOU AGREE TO ARBITRATION WITH STORY, YOU ARE AGREEING IN ADVANCE THAT NEITHER YOU NOR STORY WILL PARTICIPATE IN, OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN, ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. YOU AND STORY AGREE TO WAIVE ANY RIGHT TO RESOLVE ANY DISPUTE, CONTROVERSY OR CLAIM WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.

  1. Opting out of the Arbitration Agreement: If you are a new customer of Story who is creating a Story account for the first time, you may opt out of this Arbitration Agreement. If you do so, neither you nor Story can force the other to arbitrate as a result of this Agreement. To opt out, you must notify Story in writing no later than the earlier of (1) 30 days after first creating your Story account or (2) 30 days after your first use of the services you accessed through Story. Your written notice must include your name and address, your Story username (if any), the email address you currently use to access your Story account (if you have one), and telephone number. Your written notice must also contain a clear statement that you wish to opt out of this Arbitration Agreement. You must send written notice of your desire to opt-out to Story by mail or facsimile transmission at the address and phone numbers provided in the Notice section of these terms of service or by email to help@storyllp.com. This is the only way in which you, as a new user of Story’s services, may opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of Story’s Terms and Conditions will continue to apply to you.

  2. Opting Out for Existing Customers: If you are an ongoing customer of Story, and you receive notice from the company of a change to these “Dispute Resolution and Binding Arbitration” terms of service, you may also opt out of the new version of the arbitration agreement by following the procedures set forth above for opting out if you were a new user. However, as an ongoing customer, your choice to opt out of any new version of the “Dispute Resolution and Binding Arbitration” terms of service has no effect on any previous, other, or future arbitration agreements that you may have with us. If you accepted a previous version of these Terms that included an arbitration agreement and did not timely opt out of the arbitration agreement reflected in that previous version, you remain bound by the last arbitration agreement you agreed to. Upon receipt of a valid opt-out notice from you, Story will provide you with a copy of the arbitration agreement from the last version of Story’s terms of service that you accepted.

  3. Modification: Notwithstanding any provision in the Agreement to the contrary, we agree that if Story makes any future material change to this Arbitration Agreement, the modification will not apply to any Dispute for which you had already given notice of the claim to Story prior to the effective date of the change.

  4. Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be kept strictly confidential for the benefit of all parties except to the degree that disclosure of the existence of an arbitration and subsequent arbitration award is necessary for you or Story to seek vacation, modification, confirmation and/or enforcement of the award in court.

  5. Severability: If a court or the arbitrator decides that any term of this Arbitration Agreement (other than the subsection above titled “Waiver of Right to Participate in Class or Consolidated Actions”) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Dispute Resolution by Binding Arbitration provision will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions in the subsection above titled “Waiver of Right to Participate in Third-Party, Class or Consolidated Actions” are invalid or unenforceable, the remaining portions of this agreement to Dispute Resolution by Binding Arbitration shall remain valid.

  6. Survival of this Agreement: This Arbitration Agreement will survive the termination of your relationship with Story and shall continue to govern the handling of all Disputes after such termination, unless and until a new agreement between you and Story expressly terminates the arbitration agreement.

You acknowledge that you have had the opportunity to consult with Story by emailing help@storyllp.com with any questions and can reach us by mail at:

Attn: Customer Terms
1111B S Governors Ave
Dover, DE 19904

You agree that your use of the Services will be governed by the laws of the State of California, and that all disputes under these Terms will be resolved in the courts having jurisdiction over San Francisco, California.

Force Majeure

Story shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to you for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, Story may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Story (a) via email (in each case to the address that you provide in connection with your Account) or (b) by posting to the Site, App, or other Story Service. You agree to provide notice to Story under these Terms by emailing help@storyllp.com.

No Waiver

The failure of Story to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Modification

Story reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we materially modify these Terms, as determined by Story in its sole discretion, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Service, you are indicating that you agree to be bound by any modified Terms.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Story’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Story may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

Severability

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and Story regarding your use of the Services, and supersede all prior written or oral agreements. Additional terms may apply to certain products or Services, and to Client engagements. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

Right to Refuse

You acknowledge that Story reserves the right to refuse service to anyone.

These Terms were last updated on: February 19, 2024