Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE OR ANY OF ITS SERVICES.
The following terms and conditions ("Terms") constitute a binding legal agreement between you ("you") and [Legal Opus] ("[LO]", "we", "us", "our" and other first person pronouns). These Terms govern your use of the applications, plug-ins, products, documents, services and websites (collectively, the "Services") provided by LO and our affiliates. By accessing or using the Services and/or submitting your personal information, you agree to be bound by these Terms.
You represent and agree that (i) you are at least 18 years of age or the age and are legally able to enter into a contract, and (ii) if you are using the Services on behalf of an entity or organization, you have the authority to bind such entity or organization to these Terms.
Important Notice: These Terms include an agreement to mandatory arbitration, which means that you agree to submit any dispute related to the Services to binding individual arbitration rather than proceed in court. These Terms also include a jury trial waiver and a class action waiver, the latter of which means that you agree to proceed with any dispute individually and not as part of a class action.
1.No Legal Advice or Attorney-Client Relationship.
a.LO provides an online portal, general information and template forms to individuals who wish to prepare their own legal documents without the assistance of an attorney. LO is not a law firm or an attorney and does not provide legal advice. Our Services, including any information and document forms or templates offered or provided on our website (the "Site"), do not constitute legal advice or substitute for the advice or services of an attorney. You agree that you are representing yourself in any matter for which you use our Services and that the Services are merely a tool to assist in your self-representation, and that no attorney-client relationship or privilege is created with LO.
b.LO does not review documents (including any documents you create using the Services) for accuracy or completeness (legal or otherwise) or represent you in any legal matters. If you need legal advice specific to your situation, assistance with complex documents or guidance on jurisdiction-specific laws, you should consult with a licensed attorney. Communications with LO, including any information you submit to us, are not protected by attorney-client privilege.
2.Accounts and Payment; Refunds.
a.You must create an account to access and use the Services. There is no cost to create an account. You may view a portion of a document form without creating an account. After creating an account, you will be able to purchase fillable documents and access our additional services.
b.We want you to be completely satisfied with the Services. We offer refunds for billing errors and service delivery failures. We do not offer refunds for Services and products already used or downloaded.
3.Ownership. The Site, LO platform, software, and all applications, interfaces, plug-ins, content and materials thereon, including all information, documents, forms, templates, logos, graphics, sounds, website content and design, proprietary algorithms and features, images and viewers (the foregoing, collectively, "Materials") are owned by LO. None of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way without LO's express written consent and nothing on any Materials shall be construed to confer any license of any of LO's rights in and to the Materials except as expressly provided in Section 3. Any rights not expressly granted herein are reserved by LO.
a.LO retains ownership of all document templates and forms ("Document Forms") and other content provided on the Site or through the Services. LO grants you a limited, non-exclusive, non-transferable license to access the Services and to download, view, print, customize and use the Document Forms solely for your personal or business needs (including, if you are an attorney or professional, for your client), and to store documents in your account, subject to and in accordance with these Terms.
b.You may not: copy, modify, distribute or resell our Document Forms; remove copyright or proprietary notices; or use our trademarks without our permission.
c.You retain ownership of all documents you create using the Document Forms ("Your Documents"). We do not claim ownership of Your Documents or any personal information within them. However, we may preserve Your Documents as required by law or in connection with the provision of Services. You acknowledge that (i) we may access Your Documents for customer support purposes, (ii) technical processing of Your Documents may require transmission over third party networks, and (iii) we have no obligation to you to maintain or backup Your Documents for any period of time.
d.This license will terminate automatically without notice if you breach any of these Terms.
5.Restrictions and Responsibilities.
a.You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relating to any Materials; or modify, translate, or create derivative works based on the Materials (except to the extent expressly permitted by us). You are responsible for keeping your account permissions, billing, and other account information up to date.
b.You are responsible for obtaining and maintaining any systems, equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, computers, hardware, servers, software, operating systems, networking, web servers, internet access and the like.
a.You agree to use the Services only for lawful purposes and in accordance with these Terms.
b.You may not use, or facilitate or allow others to use, the Site or the Services: (i) for any illegal or fraudulent activity; (ii) to violate or infringe the rights of others, including any copyright or other intellectual property rights of any third party; (iii) for harassment, spam or abusive communications or actions; (iv) to violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device; (v) for collecting user information without our consent; (vi) for commercial resale of our content (including any Document Forms or other Materials); or (vii) to systematically retrieve data or other content from the Site or elsewhere to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
c.In addition, you will not: (i) circumvent, disable, or otherwise interfere with security-related features of the Site, including by bypassing any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site; (ii) engage in unauthorized framing of or linking to the Site; (iii) engage in any automated use of the Site, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (iv) interfere with, disrupt, or create an undue burden on the Site or the networks or the Site connected; attempt to impersonate another user or person; (v) use any information obtained from the Site in order to harass, abuse, or harm another person; (vi) use the Site as part of any effort to compete with us or otherwise use the Site for any revenue-generating endeavor or commercial enterprise that competes with us; (vii) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Materials, except as expressly permitted by applicable law; (viii) delete the copyright or other proprietary rights notice posted on the Site or any content or data made available on the Site; (ix) copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (x) upload or transmit (or attempt to upload or to transmit) viruses, malware, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or Services; (xi) scrape or crawl or otherwise copy or extract data or other content from the Site; or (xii) use the Site or Services in a manner in violation of or inconsistent with any applicable laws or regulations.
7.Privacy and Data Protection. Our Privacy Policy explains how we collect, use and protect your information. By using the Services and/or submitting any personal information on the Site, you consent to our data practices as described in our Privacy Policy.
8.Service Availability and Modifications. Our goal is to provide reliable service but we cannot guarantee 100% uptime or 100% availability of the Services. The Services are provided "as is" and "as available". We reserve the right to: modify, add or cease providing any Services or any component thereof; suspend Services or any component thereof for maintenance or for security concerns.
9.Changes to these Terms and Privacy Policy. We may modify these Terms and our Privacy Policy from time to time and any changes, modifications, or amendments shall be effective upon posting. Continuing to use the Services following the posting of changes or amendments to these Terms and/or our Privacy Policy constitutes your agreement to and acceptance of those changes and amendments. If you do not agree to these Terms or our Privacy Policy, do not access or otherwise use the Services. Your right to access and use the Services is conditioned upon your compliance with these Terms and our Privacy Policy.
10.Account Termination or Suspension.
a.You may terminate your account at any time by: (i) cancelling through your account settings; (ii) contacting customer support; or (iii) following cancellation instructions in billing emails.
b.We may suspend or terminate your account if you: (i) violate these Terms (or if we reasonably suspect you have violated these Terms); (ii) fail to pay required fees; (iii) cease using the Services for a period of 60 days in the aggregate; or (iv) engage in abusive behavior.
c.Upon termination, your access to the Services will cease, and we may delete your account data. However, any outstanding and unpaid fees will remain due, and any provisions or obligations of these Terms that survive termination will remain in effect.
11.Disclaimer of Warranties.
a.TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. LO DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT.
b.LO MAKES NO WARRANTY THAT: (i) THE SERVICES AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES AND/OR MATERIALS WILL BE ADEQUATE, ACCEPTABLE OR RELIABLE; (iii) ANY DOCUMENTS OR MATERIALS OBTAINED THROUGH THE SITE COMPLY WITH OR MEET THE REQUIREMENTS OF THE LAWS OF ANY PARTICULAR JURISDICTION(S); OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS, WILL MEET YOUR EXPECTATIONS OR ACHIEVE ANY PARTICULAR OUTCOME, LEGAL OR OTHERWISE.
c.YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AND MATERIALS AT YOUR OWN DISCRETION AND RISK.
12.Limitation of Liability.
a.TO THE FULLEST EXTENT PERMITTED BY LAW, LO WILL NOT BE LIABLE FOR: (i) indirect, incidental, special, punitive or consequential damages; or (ii) loss of profits, data, or business opportunities.
b.To the fullest extent permitted by law, our maximum liability to you for any and all claims shall be limited to the amount paid by you for our Services.
13.Indemnity. To the fullest extent permitted by law, you will indemnify, defend and hold harmless LO and its officers, directors, principals, employees and agents (collectively, "Indemnified Parties") from and against any and all claims, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorney's fees) incurred by the Indemnified Parties as a result of any claim by a third party arising from your (i) use of the Site or any Services; (ii) violation of any applicable federal, state or local laws, statutes, rules or regulations; and (iii) breach of these Terms.
a.Before pursuing formal dispute resolution, please contact our customer support team to resolve issues informally.
b.If informal resolution fails, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
c.You agree to resolve disputes individually and waive any right to participate in class actions, consolidated proceedings, or representative actions.
d.The following matters are excluded from arbitration: (i) intellectual property infringement claims; (ii) injunctive relief for unauthorized use of Services; and (iii) small claims court matters.
e.The Parties agree that, whether a claim is in arbitration or in court, we and you both waive any right to a jury trial involving any claims or disputes between the Parties. In no event shall any claim, action or proceeding by you related in any way to these Terms be instituted more than two (2) years after the cause of action accrues under applicable law.
15.Governing Law. These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles. Any legal proceedings not subject to arbitration shall be conducted in the state or federal courts of the State of New York.
16.Force Majeure. LO shall not be in breach of or default under these Terms due to any cessation, interruption, or delay in the performance of its obligations hereunder arising by reason of flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy
a.These Terms, together with our Privacy Policy, set forth the entire agreement between the Parties with regard to the Services and the subject matter hereof.
b.There are no third party beneficiaries to these Terms.
c.Neither Party will by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other Party of any of the provisions of these Terms. Further, the waiver by either Party of a particular breach of these Terms by the other Party will not be construed as, or constitute, a waiver of other breaches of the same or other provisions of these Terms.
d.If any of the provisions of these Terms are found or deemed to be invalid or unenforceable, they will be severable from the remainder of these Terms and will not cause the invalidity or unenforceability of the remainder of these Terms.
e.Any provisions of these Terms that by their nature would reasonably apply to the parties even after you cease using the Services or your account is terminated will continue to apply, including Sections 3 (Ownership), 5 (Restrictions and Responsibilities), 6 (Acceptable Use), 10 (Account Suspension or Termination), 12 (Limitation of Liability), 13 (Indemnity), and 14 (Dispute Resolution).
f.You may not assign your rights or obligations under these Terms. We may assign our rights and obligations under these Terms to affiliates or successors.
g.You acknowledge that we reserve the right to refuse service to anyone and to cancel user access at anytime.
h.By using the Services or accessing the Site or any Materials, you acknowledge that you have read these Terms and agree to be bound by them.