Terms of Service

Thank you for using Lawcuments. These Terms of Service (“Terms”) cover your use and access to the products, services, software, platform, and websites (collectively, “Services”) provided by Lawcuments, Inc. and any of our affiliates or subsidiaries (collectively, “Lawcuments”). By using our Services, you agree to be bound by these Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization.

To use our Services, you must be of legal age of majority in your state of residence or otherwise able to form a binding contract with Lawcuments. Under no circumstances is the use of the Services permissible by anyone under the age of thirteen.

1. Lawcuments is NOT a Substitute for Legal Advice

Lawcuments provides a platform for legal information and self-help. The information provided by Lawcuments along with the content of our Service related to legal matters (“Legal Information”) is being provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.

If you need legal advice for a specific problem, you should consult with a licensed attorney. Legal Information provided by Lawcuments through its Services is not a substitute for legal advice from a qualified attorney that is licensed to practice in the appropriate jurisdiction.

Your communications may not be protected as privileged communications under the attorney-client privilege or work product doctrine. Forms of communication that may not be protected include, but are not limited to, those between you and:

• Lawcuments;
• an attorney through the Services;
• an attorney you found through the Services; or,
• third-parties you found through the Services.

Your use of the Services does not create an attorney-client relationship between you and:

• Lawcuments; or,
• any Lawcuments employee or representative.

Unless you are otherwise represented by an attorney, you represent yourself in any legal matter you undertake through our Services or when using documents you have obtained through our Services.

Lawcuments is not a “Lawyer Referral Service”. Lawcuments does not endorse or recommend any attorney. Lawcuments also does not make any warranty as to the qualifications or competency of any attorney.

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2. No Unlawful or Prohibited Use

You can only use our Services if you are legally allowed to do so within the laws of your jurisdiction(s). Availability of our services in jurisdiction(s) where Services are not legally permissible is not an invitation or authorization by Lawcuments to access or use our website or Services in a manner that violates your local laws and regulations. By using our Services, you accept sole responsibility to ensure that you or anyone else who uses our Services on your behalf does not violate any applicable laws in your jurisdiction(s). To enforce this provision, Lawcuments reserves the right to refuse, suspend, or terminate your use of the Services immediately and without prior notice at our sole discretion.

You are specifically excluded or prohibited from using our Services in connection with any legal matter:

• That is frivolous, immaterial, or illegal in nature, as determined by Lawcuments in its sole discretion;
• Involving any alleged violent crime by you;
• Involving the laws of jurisdictions outside of the United States of America or its subdivisions;
• For which you are currently or prospectively represented by legal counsel;
• That, as determined by Lawcuments in its sole discretion, lacks sufficient merit to warrant pursuit, or that has been raised an excessive or unreasonable number of times without a change in circumstances;
• That directly or indirectly involves any Lawcuments employee or agent;
• In which Lawcuments or any of its subsidiaries, affiliates, directors, officers, agents, or other Lawcuments service providers has an adverse interest.

You may not hack, “scrape”, or “crawl” our Services, whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes, or RSS feeds without express written permission from Lawcuments. You may not access or attempt to access any information Lawcuments has not intentionally made available to you on its Services. Your use of the Services does not entitle you to resell any Lawcuments content without prior express written consent from Lawcuments.

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3. Intellectual Property Rights; License Grant

Lawcuments retains all right, title, and interest in and to its products and Services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, articles, document templates, and all related intellectual property rights. Except as otherwise provided in the Terms, you may not, and may not permit others to:

• Reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of any of our products and Services (other than documents you create through the Services, which you may use for your own personal use);
• Sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt, or edit any of our products and Services; or,
• Circumvent or disable any security or technological features of our products and Services.

The design, text, graphics, and selection and arrangement of our Services and the legal forms, documents, guidance, and all other content found on our Services (“Services Content”) are copyright © Lawcuments, Inc. All rights reserved.

Lawcuments and any other Lawcuments product or Services names, logos, or slogans displayed on our Services are trademarks of Lawcuments, Inc. You may not copy, imitate, or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Lawcuments is the service mark, trademark, and/or trade dress of Lawcuments, Inc. and you may not copy, imitate, or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through our Services may be the trademarks of their respective owners. Nothing in these Terms of the Services should be understood as granting any license or right to use any of Lawcuments’ or any third party’s trademarks displayed on our Services. All goodwill generated from the use of Lawcuments’ trademarks is reserved for the use of Lawcuments, exclusively.

Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a Lawcuments user, you are the owner of and are fully authorized to keep, for your own personal records, electronic or physical copies of documents you have created on Lawcuments.

If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation or compensation to you. You acknowledge and agree that Lawcuments is authorized to collect and use aggregated or anonymized information from or about you and other users and user-created documents for the purposes of researching, developing, improving, and marketing its Services.

Resale or unauthorized copying, use, storage, display, or distribution of forms, articles, documents, or other materials copied or downloaded from our Services is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express written consent of Lawcuments. Any rights not expressly granted in these Terms are reserved by Lawcuments.

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4. Ownership and Preservation of Documents

Lawcuments does not claim ownership of any documents you either create or upload and store using our Services (“Service Documents”). You grant permission for Lawcuments to use your Service Documents in connection with providing Services to you.

You acknowledge and agree that Lawcuments may preserve these Service Documents as well as disclose them if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following:

• To comply with legal process, applicable laws, or government requests;
• To enforce these Terms;
• To respond to claims that any content violates the rights of third parties; or,
• To protect the rights, property, or personal safety of Lawcuments, its users, and the public.

You understand that the technical processing and transmission of the Service, including your Service Documents and other content, may involve transmissions over third party networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Lawcuments has no responsibility or liability for deleting or failing to store any Service Documents or other content maintained or uploaded in the Services.

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5. Links to Third Party Sites

Lawcuments may contain links to third party resources, businesses, and organizations on the Internet (“Linked Sites”). Those Linked Sites are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you.

Lawcuments does not control, endorse, or monitor the contents of any Linked Sites. That includes, without limitation, any further link contained in any Linked Sites, and any changes or updates to any Linked Sites. Lawcuments is not responsible for webcasting or for any other form of transmission received from any Linked Sites. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any Linked Sites.

If you use any services provided on any Linked Sites:

• Lawcuments will not be responsible for any act or omission of the third party, including the third party’s access to or use of your customer data; and,
• Lawcuments does not warrant or support any service provided by the third party.

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6. Copyright and DMCA

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process established by the U.S. Digital Millennium Copyright Act (DMCA).

If you believe that any material on our Services infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with the Designated Copyright Agent of Lawcuments:

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7. Disclaimer of Representations and Liability

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

The information, software, products, and Services made available through Lawcuments may include inaccuracies or typographical errors. Lawcuments reserves the right at any time to modify, improve, suspend, or deprecate certain features of our Services. Legal Information received through Lawcuments should not be relied upon exclusively for personal, medical, legal, or financial decisions. Instead, we recommend you use Legal Information from our Services in conjunction with the advice of a qualified professional tailored to your situation. In short, your use of our Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, LAWCUMENTS AND ITS SUBSIDIARIES, AFFILIATES, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA OUR SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS WITHOUT CONSULTING AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LAWCUMENTS, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT LAWCUMENTS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, LAWCUMENTS’ AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT AND WILL NOT IN ANY EVENT EXCEED THE GREATER OF $500.00 OR THE AMOUNT PAID BY YOU TO LAWCUMENTS FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.

YOU AND LAWCUMENTS EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

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8. Release and Indemnity

By using our Services, you, on behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold Lawcuments, its partners (including any third-party companies engaged by Lawcuments to fulfill anything on your behalf), and its and their respective officers, employees, directors, and agents, harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services. You agree that this release has been freely and voluntarily consented to by you and you confirm that you fully understand what you are agreeing to.

You agree to indemnify and hold Lawcuments, its partners (including any third-party companies engaged by Lawcuments to fulfill anything on your behalf), and its and their respective officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Services, your violation of these Terms or your violation of any rights of another.

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9. Controlling Law

These Terms are governed by the law of Florida, U.S.A., unless preempted by U.S. federal law, without regard to conflict of law rules.

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10. Dispute Resolution Through Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer’s satisfaction by getting in touch with our Customer Support team at support@lawcuments.com.

If for any reason, Lawcuments is unable to resolve your dispute after attempting to do so informally, then as a condition to your use of the Services, we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolutions (“JAMS”). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Naples (Florida), or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.

Any notice to Lawcuments should be addressed to Lawcuments, Inc., Attn: General Counsel, 6050 Collier Boulevard, Suite 132, Naples, Florida 34114. Any notice to you must be and will be addressed to your address in Lawcuments’ records or such other legal address as Lawcuments is able to identify.

You may only resolve disputes with Lawcuments on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:

• Either you or Lawcuments may assert claims, if they qualify, in small claims court in Naples, Florida or in any United States county where you live or work without first engaging in arbitration or the informal dispute-resolution process described above.
• Lawcuments may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
• In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of Naples, Florida, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.

Lawcuments may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the Section entitled “Modifications”. You may reject any changes to this Section made while you use the Services by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address: Lawcuments, Inc., Attn: General Counsel, 6050 Collier Boulevard, Suite 132, Naples, Florida 34114.

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11. Entire Agreement

These Terms constitute the entire agreement between you and Lawcuments with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights other than as specifically stated in the Section entitled “Release and Indemnity”.

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12. Waiver, Severability, and Assignment

Lawcuments’s failure to enforce a provision is not a waiver of its right to do so later. If a provision of these Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting the intent of the unenforceable language as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Lawcuments may assign its rights to any of its subsidiaries or affiliates, or to any successor in interest of any business associated with the Services.

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13. Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Services after the revisions come into effect, you agreed to be bound by the revised Terms. We encourage users to periodically review the Terms to ensure that you understand them in their entirety.

If you have any questions or concerns, please contact us at any time.

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