LawSmart.com

Free Legal Documents, Forms, and Contracts

Terms & Conditions

Welcome to the LawSmart website. We ask that you review these Terms and Conditions ("Agreement") which are intended to constitute a binding license agreement that conditions your use of this site. LawSmart has tried to avoid using confusing and unnecessary legal terminology and hopes that you understand that LawSmart is simply trying to protect its rights in order to provide you with access to the content available at this site. If you do not wish to be bound by this Agreement after you have read it, please leave the site. If you remain at this site, or return thereafter, you agree to be bound by this Agreement. For the remainder of this Agreement you will be referred to as "User."

1. Responsible conduct

User agrees to act responsibly at this site and to treat other visitors with respect.

2. Limited License

Intellectual property laws protect original material that LawSmart posts on this site. User is hereby granted a non-exclusive license to use LawSmart's content ("Content"), but only while accessing this site. User is also granted a limited license to print copies of any Content posted at the site, but only for User's personal use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the LawSmart site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the Content is strictly prohibited. The use of any LawSmart trademarks as metatags on other websites also is strictly prohibited. User may not display this website (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us at LawSmart Support. Nothing contained on the website or in these Terms and Conditions should be construed to grant User a license to use any trademarks, service marks, or logos owned by LawSmart or any other third party.

3. Intellectual Property Law Compliance

By accessing and using this website and its services, User hereby agrees to obey the law and respect the intellectual property rights of others. User's use of the site is at all times governed by the applicable laws of the United States and the State of California regarding copyrights, trademarks, patents and the use of intellectual property. By using this site User agrees to not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of the copyrights, trademarks or patents of any third parties. User will be held responsible for any infringement of third party rights caused by your use of this website, including, but not limited to, any specific uses described in these Terms and Conditions. The burden of proving that your use of this website does not infringe upon the intellectual property rights of any third parties rests solely with User.

4. Materials That User Posts or Stores

a. Prohibited Material

User agrees not to post or store on our site any software, information, data, databases, music, audio, video or audio-visual files, photographs, images, documents, text, digital files or other material ("Material") which violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or which violates any applicable local, state, national or international law or regulation or which is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. LawSmart intends to cooperate fully with any law enforcement investigation regarding any User content posted to this site, which violates these Terms and Conditions or violates any applicable law.

b. License, Representation and Warranty

By posting Material to this site, User hereby grants LawSmart an irrevocable, perpetual, non-exclusive, royalty free worldwide license to reproduce, adapt, distribute, perform (either publicly or by digital audio transmission) or publicly display all or any portion of the Material on LawSmart's public websites. User will receive no compensation from LawSmart for the use of any content posted to this site. Additionally, User hereby agrees that LawSmart may publish and disclose User's name and any other identifying information associated with any content that User posts to this site, with the exception of information User enters while downloading a legal form from the LawSmart site. User further represents and warrants that User owns all rights to such Material.

c. Removal Right

User expressly agrees that LawSmart may remove, disable or restrict access to or the availability of any Material from this site (including, but not limited to, Material which User has posted or stored) which LawSmart believes, in good faith and in LawSmart's sole discretion, to violate the terms of this Agreement (whether or not LawSmart is in fact correct in this assessment) or which is the subject of a Notification duly sent to LawSmart pursuant to the Digital Millennium Copyright Act. If User believes that LawSmart has acted mistakenly with respect to certain Material, User may contact LawSmart at LawSmart Support, in which case LawSmart may investigate the matter further. LawSmart reserves the right, however, to take no further action. Posting or storing Material at this site is a privilege, not a right. Under no circumstances may LawSmart be held liable for removing, disabling or restricting access to or the availability of Material.

5. Good Samaritan Third-Party Content Policy & Complaint Procedures

a. Policy

It is our policy not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any child pornography or obscene or defamatory Material to be posted at this site. LawSmart will do its best, in good faith, to remove, disable or restrict access to or the availability of Material that, in our subjective view, is infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this Section 5 are intended to implement this policy but are not intended to impose a contractual obligation on LawSmart to undertake, or refrain from undertaking, any particular course of conduct.

b. Complaint Procedures

If User believes that someone has posted Material that violates this policy (other than in cases of copyright infringement, which is addressed in Section 6), LawSmart asks that User promptly notify LawSmart by email at the following address: LawSmart Support. User must use this address if User wants to ensure that the complaint is actually received by the appropriate person charged with investigating alleged policy violations.

In order to allow LawSmart to respond effectively, please provide us with as much detail as possible, including: (1) the nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed); (2) all facts which lead User to believe that a right has been violated or infringed; (3) the precise location where the offending Material is located; (4) any grounds to believe that the person who posted the Material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending Material.

c. Indemnification/Waiver of Certain Rights

By lodging a complaint, User agrees that the substance of the complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of California. In addition, User agrees, at User's own expense, to defend and indemnify and hold LawSmart harmless against all claims that may be asserted against LawSmart, and all losses incurred, as a result of User's complaint and/or LawSmart's response to it.

d. Waiver of Claims and Remedies

LawSmart expects Users to take responsibility for their own actions and cannot assume liability for any acts of third parties that take place at this site. By taking advantage of the Good Samaritan procedures set forth in this Section 5, User waives any and all claims or remedies which User might otherwise be able to assert against LawSmart under any theories of law (including, but not limited to, intellectual property laws) that arise out of or relate in any way to the Material at this site or LawSmart's response, or failure to respond, to a complaint.

e. Investigation/Liability Limitation

User agrees that LawSmart has the right (but not the obligation) to investigate any complaint received. By reserving this right, LawSmart does not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of Material. LawSmart supports free speech on the Internet and therefore will not act on complaints that LawSmart believes, in our subjective judgment, to be deficient. If User believes that Material remains on this site that violates User's rights, User's sole remedy shall be against the person(s) responsible for posting or storing it, not against us.

6. Digital Millennium Copyright Act Compliance

User may contact LawSmart's agent if User believes that a work protected by a U.S. copyright that User or any third party owns has been posted or stored on LawSmart's site without authorization. In order to allow us to respond effectively, please provide us with as much detail as possible, including: (1) the nature of the right infringed or violated; (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the infringing Material is located; (4) any grounds to believe that the person who posted the Material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending Material. It is LawSmart's policy to terminate, in appropriate circumstances, the access rights of repeat infringers.

7. Privacy and Security

In General

LawSmart is committed to User's right to privacy. LawSmart only collects information that User voluntarily provides. LawSmart will never rent or sell this private information to anyone. LawSmart works with GoDaddy SSL Certificate to make our site as secure as possible. The LawSmart website may contain links to other websites. If User chooses to visit other websites, LawSmart is not responsible for the privacy policies or content of those other websites.

a. Cookies

LawSmart collects information about User that User provides to and from cookie files. LawSmart uses this information solely for internal analysis or to contact User about offers or promotions that we sponsor. LawSmart will not knowingly provide any of this information (except in the form of aggregate statistics that do not link User's identity to any specific information and do not identify User as a visitor to this site) to third parties unless LawSmart obtains your permission or is compelled to do so by a lawful court order. Some business and affiliate partners use cookies on the LawSmart site. We have no access to or control over these third party cookies.

User agrees to respect the privacy rights of other visitors by not publishing or harvesting email addresses obtained at this site.

b. Log Files

Like many sites on the Web, LawSmart will gather certain information automatically and store it in log files. This information typically includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, and date/time stamp. This information is collected via Google Analytics.

LawSmart uses this information, which does not identify individual users, to provide better service to our visitors by using the information to better administer out site and to better understand the habits and needs of the users of our site.

LawSmart does not link this automatically-collected data to personally identifiable information.

c. Children

LawSmart does not knowingly collect information from children. LawSmart asks parents or legal guardians to supervise the activities of their children at this site. This Web site is intended for use by adults.

d. LawSmart Legal Forms

In order to create online documents using the LawSmart service you will need to create a LawSmart online account. The information that User is asked for may include personally identifiable information. This personally identifiable information may include User's name, mailing address, phone number and email address. LawSmart will store this data. User can delete their LawSmart account by sending a request to LawSmart Accounts

Once User begins to enter data into the LawSmart online form creator, LawSmart will store User's online form data for 180 days so that User can come back, make changes, and complete User's online legal form at a time that is convenient for User. User can delete their online LawSmart legal form at any time. User's form can be deleted by going into User's account and selecting the delete option next to the document that User wants removed.

8. Links

LawSmart provides links from our site as a convenience to our visitors. LawSmart has no control over the content posted at these sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. If User believes that LawSmart has provided a link to a site that contains infringing or illegal content or which makes available cracker tools or other circumvention devices, LawSmart asks that User notify us so that we may evaluate whether (in our sole discretion) to disable it.

9. Prohibited Use

User is prohibited from using this website in violation of any security protections implemented by LawSmart, which includes, but is not limited to, the following uses: (1) User may not use this site to transmit unsolicited email, send unsolicited email to this site or to anyone whose email address includes the domain name used on this site or use LawSmart's domain name as a pseudonymous return email address for any communications that User transmits from another location or through another service; (2) User may not pretend to be someone else - or spoof his or her identity - when using this site; (3) User may not attempt to probe, scan, or test the vulnerability of the website's service, or any associated system or network, or breach security or authentication measures without proper authorization; (4) User may not interfere with, or attempt to interfere with, service to any user, host, or network, by the means of submitting a virus to the website or service, overloading, "flooding," "spamming," "mail bombing," "crashing" or otherwise; or (5) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the website to provide the website's services. Any of the above listed, or other violations of our system or network security, may subject User to civil and/or criminal liability.

10. Violations/Indemnification

User's access privileges are conditioned on the adherence to the terms of this Agreement. If User violates any of the terms of this Agreement, User agrees that LawSmart may deny User access to the site. User further agrees, at User's own expense, to defend and indemnify and hold harmless LawSmart against all third party claims, losses, liability, damages, and/or costs, including reasonable attorneys' fees that may be asserted against LawSmart and all losses incurred, as a result of any violations of this Agreement. If asked to do so, User agrees that User will not attempt to access this site.

11. DISCLAIMER OF WARRANTIES

IN ORDER TO PROVIDE YOU WITH THIS SERVICE, LawSmart IS UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES THAT USER MAY OBTAIN AT THIS SITE. LawSmart HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS WEB SITE IS MADE AVAILABLE TO USER "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, LawSmart MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. TO THE EXTENT THAT USER MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO USER, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 11 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

12. LIMITATION OF LIABILITY

IN ORDER TO PROVIDE YOU WITH THIS FREE SERVICE, LawSmart IS UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS WEB SITE OR ANY LOSSES THAT USER MAY INCUR. IN NO EVENT WILL LawSmart BE LIABLE TO USER FOR ANY CLAIMS BY ANY THIRD-PARTIES, FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF USER CLAIMS TO HAVE NOTIFIED LawSmart ABOUT SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. THIS LIMITATION SHALL APPLY REGARDLESS OF THE THEORY OF RECOVERY ASSERTED, WHETHER TORT, BREACH OF CONTRACT OR OTHER THEORY.

13. Complete Agreement/No Representations

This Agreement constitutes the entire agreement between LawSmart and User relating to your access to and use of this site and supersedes any prior or contemporaneous representations or agreements. LawSmart reserves any rights not otherwise expressly granted by this Agreement. This Agreement may not be modified, either expressly or by implication, except as set forth below in Section 14.

14. Modifications/Termination

a. In General

Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (1) by obtaining our written consent in a notarized agreement signed by the acting President of the company.

b. Periodic Revisions

User agrees that LawSmart may modify the terms of this Agreement in our sole discretion, without advance notice, and that User's right to access this site is conditioned on an ongoing basis with User's compliance with the then-current version of these Terms and Conditions. User agrees to review this page at least once every thirty (30) days to view any changes to this Agreement. User will be deemed to have agreed to the new Terms and Conditions if User continues to access this site

15. Dispute Resolution/ Jurisdiction

This website is hosted on servers located in California and is intended to be viewed by residents of the United States. All disputes arising out of or relating to this Agreement or our operation of this site shall be resolved by binding arbitration in the city of San Diego, California, pursuant to the rules of the American Arbitration Association. All such disputes shall be governed by and construed in accordance with the laws of the United States and of the State of California as applied to transactions entered into and to be performed wholly within California between California residents. However, User agrees that LawSmart shall be entitled to obtain preliminary injunctive relief to enforce any of the terms of this Agreement against you pending a final determination in arbitration.

16. Construction

If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.

17. Acknowledgement

BY USING THE SERVICE OR ACCESSING THIS WEBSITE, USER ACKNOWLEDGES THAT USER HAS READ THESE TERMS AND CONDITIONS AND HAS AGREED TO BE BOUND BY THEM.