Contact Us: 866-757-5850
Contact Us: 866-757-5850
Before using Legalinc Corporate Services, Inc.’s (“Legalinc”) services, please take some time to carefully read our Terms and Conditions below (“Terms” or “Agreement”). These Terms constitute a binding contract between you and Legalinc.
YOU UNDERSTAND THAT THESE TERMS CALL FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE AS DESCRIBED IN THE LEGALINC ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 14, BELOW
By using the Legalinc website (the “Site”), any Legalinc applications or application plug-ins (“Applications”), or any services provided by Legalinc (together with the Site and Applications, the “Services”), you agree to follow and be bound by these Terms. In these Terms, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to Legalinc Corporate Services, Inc. and “Services” refers to all services provided by us.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services, all of which must comply with these Terms. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.
You represent and warrant to Legalinc that:
Legalinc may, at its sole discretion, change these Terms from time to time. If changes to the Terms occur, we will notify you by posting the updated terms on the site or by email. It is your responsibility to check the Terms periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms. Therefore, you should review these Terms prior to each use. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by Legalinc. Your use of those services means you agree to be subject to those additional terms and conditions, including the Legalinc Privacy Policy, which are incorporated into these Terms by this reference.
Legalinc provides automated software solutions for customers to prepare and manage legal documents. Unless explicitly stated otherwise, any new features that augments or enhances our Services, including the release of any new Services not specifically addressed in these Terms, are subject to these Terms.
Our Services may include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Legalinc is not a law firm and may not perform services performed by an attorney. Legalinc and its Services are not substitutes for the advice or services of an attorney.
Legalinc strives to keep its legal documents accurate, current and up to date. However, because the law changes rapidly, Legalinc cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Legalinc provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete, or up to date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
Our Services are not intended to create any attorney-client relationship, and your use of the Services does not, and will not, create an attorney-client relationship between you and Legalinc. Instead, you are and will be representing yourself in any legal matter you undertake through Legalinc’s legal document service.
Legalinc may subcontract any Service or any work, obligations, or other performance required under any Service without your consent.
Legalinc may change, modify, add, remove, suspend, cancel or discontinue any aspect of our Services, including the functionality, content, and/or availability of any features, at any time in the sole discretion of Legalinc. We may also impose limits on certain features and services or restrict your access to all or part of our Services without notice or liability at any time.
Dashboard Services
Legalinc licenses you to access and use the Dashboard during the duration of your Subscription and for as long after your Subscription ends that Legalinc chooses, at its sole discretion, the make the Dashboard accessible to you. Legalinc does not guarantee the accessibility, in whole or in part, of the Dashboard to all users. Certain levels of access, or access to all or part of the Dashboard, may be contingent on the purchase and maintenance of certain Subscriptions.
Legalinc may establish general practices and limits concerning use of the Dashboard, including without limitation the maximum number of days that data, schedules, calendars, or other uploaded content will be retained by the Dashboard, the maximum number of messages that may be sent from or received by an account on the Dashboard, the maximum size of any message that may be sent from or received by an account on the Dashboard, the maximum disk space that will be allotted on Legalinc’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Dashboard in a given period of time. You agree that Legalinc has no responsibility or liability for the deletion or failure to store any messages, other communications, or other content maintained or transmitted by the Dashboard.
Registered Agent Services
If you purchase Registered Agent Services from Legalinc, the following terms apply.
You are required to provide Legalinc with any requested information which may include, but is not limited to: names, telephone numbers and addresses of each entity’s directors, officers, limited liability company managers, managing members, partners, trustees or persons serving in a similar capacity (or a representative who is a natural person of the foregoing if applicable). You are required to provide true and accurate information.
It is your responsibility to inform Legalinc of changes to your business information, including your contact information and business status (such as dissolved or inactive) within 60 days of the change. Failure to do so may result in the termination of our services. You acknowledge that we are not liable for damages resulting from your failure to update or provide accurate information to Legalinc.
You authorize Legalinc, or its sub-contractor, to receive service of process, including any notices of legal proceedings, other legal notices, official government communications, and any other items covered by the respective statute, rule, or regulation governing the State(s) where you have purchased Registered Agent services (collectively, the “Legal Mail”), on your behalf. You further authorize us to scan and upload the Legal Mail received on your behalf into your account at the Dashboard.
You may authorize and direct us to perform the following actions in respect of your Legal Mail:
Your Registered Agent services are limited to the receipt and forwarding of Legal Mail and do not include the provision of a business or mailing address for any other purpose. We have no obligation to forward any items received pursuant to any unauthorized use of the Registered Agent’s address (the “Registered Address) and neither Legalinc nor any of our sub-contractors, assume liability to you or any other party for loss of such items. You assume all liability for such losses regardless of whether you had approved or initiated the unauthorized use. We may seek reimbursement from you for any and all costs incurred in connection with the unauthorized use of the Registered Address. The Registered Address is for the primary purpose of fulfilling state statutes for “Service of Process” and such address may be used only to receive Legal Mail on your behalf. Unless otherwise specified, the primary business address you list on any filed document needs to reflect the primary business address your company operates from, regardless of what state that address is in.
You agree not to represent or misleadingly suggest, whether orally, in writing, photographically, or otherwise, that the Registered Address is your place of business, your location of operations or business records, or is a physical address at which third parties can find you. You may not list the Registered Address in your company’s public media, including business cards, brochures, websites, or emails.
If your subscription includes access to our SOP Center, we will use commercially reasonable best efforts to ensure that information populated by us related to your Legal Mail, such as matter type, status, and deadlines, is accurate. You acknowledge that you remain solely responsible for ensuring the accuracy of this information and for meeting any legal requirements.
You acknowledge that while we will forward Legal Mail to you when instructed, we cannot warrant that forwarded Legal Mail will never be misdelivered. You acknowledge that in the event of misdelivered Legal Mail, we are not liable to either you or the intended recipient.
If you refuse or fail to accept Legal Mail forwarded to you, you will be responsible for the costs of return shipping and the handling of the returned Legal Mail. At our request, you must sign for or otherwise acknowledge your acceptance of all Legal Mail sent to you by us.
You agree that by purchasing Registered Agent Services, you authorize Legalinc to take any action necessary to appoint Legalinc as your Registered Agent. In the event that your Registered Agent Services are cancelled or terminated, you also authorize Legalinc to take any action necessary to resign as your Registered Agent.
Automated Report Filings
If you purchased an Automated Report Filings (“ARF”) subscription, you agree to the following terms.
ARF is a subscription service that includes the filing of your company’s annual report or other periodic information report (“Report” or “Reports”) required by the Secretary of State or other state corporate filing office (“Secretary of State”). ARF does not include filings related to federal or state taxes (e.g., franchise taxes, income taxes, sales taxes, or employment taxes), business licenses, permits, or any other business registrations. You agree that you are responsible for payment of any filing fees required by the Secretary of State prior to the filing of your company’s Report.
You authorize Legalinc to automatically file your company’s Report on or before the date it is due, each year it is due, with the information about your company in the Dashboard (“Entity Information”). We will notify you by email prior to your Report due date (“Reminder Email”) and request that you confirm that the Entity Information is correct. If any Entity Information is incorrect or missing, it is your responsibility to provide Legalinc with the correct Entity Information prior to filing of the Report. You can edit all Entity Information in your Dashboard. It is your responsibility to keep your Entity Information current and up to date in your Dashboard. You agree that the Entity Information in your Dashboard at the time your Report is created is true and correct, even if you did not review the Entity Information at the time the Reminder Email was sent. You also acknowledge and agree that when your Reports are filed with the Secretary of State, you are affirming to the Secretary of State that the Entity Information is true and correct and that you assume full responsibility and liability in the event that any Entity Information has not been properly updated.
If we are unable to file your Report by the due date because of missing Entity Information, you agree that you are responsible for all late fees and penalties assessed by the Secretary of State.
As a condition of using certain aspects of the Services, including use of the Dashboard or Registered Agent services, you are required to create an account using an email address (“User ID”) and password.
When creating an account, you must provide accurate and complete registration information. Failure to do is a breach of the Terms, which may result in immediate termination of your account.
You are solely responsible for activity that occurs on your account and are responsible for maintaining the confidentiality of your password for the Site. You should never use another user’s account. If you discover any unauthorized use of your account, or other suspected security breaches, please report your concerns to support@legalinc.com immediately. You agree that you are responsible for anything that happens through your account until you cancel your subscription and close your account or establish that your account security was compromised due to no fault of your own.
Legalinc cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
This Site and Applications are owned and operated by Legalinc. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Legalinc or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Legalinc, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications will be construed to confer any license under any of Legalinc’s intellectual property rights, whether by estoppel, implication or otherwise. Legalinc does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Legalinc. Any rights not expressly granted herein are reserved by Legalinc.
License to Use Forms
On our Site, through our Applications, and through certain partners, we offer self-help “fill in the blank” forms. If you buy a form from one of our partners, you will be directed to that partner’s website and their terms will control. If you buy or download a form on our Site or Application, these Terms control. You understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.
Legalinc grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You may not remove any copyright notice from any Form.
License to Use Dashboard
Legalinc grants you a non-exclusive, non-transferable worldwide right to use the Dashboard according for the duration of your Subscription, subject to these Terms. You grant to Legalinc the non-exclusive, worldwide, right to use, copy, store, transmit, and display the information entered into the Dashboard solely to the extent necessary to allow access to the Dashboard as requested by you for the purpose of providing you Services or as otherwise permitted under Legalinc’s Privacy-Policy. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Dashboard or any content therein; or (ii) modify, edit, reproduce, reverse engineer, alter, enhance, make derivative works based on or referring to, or in any way exploit the Dashboard, its content, or its source code, except for modifications based on access and use of the Dashboard specifically authorized by these Terms. All rights not expressly granted to you are reserved by Legalinc and its licensors.
Limited Permission to Download
Legalinc hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account) solely for your personal, internal business use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal, internal business use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
Inappropriate Content
When accessing the Site, any Applications, or using Legalinc’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Legalinc reserves the right to terminate or delete such material from its servers. Legalinc will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
Right to Refuse
You acknowledge that Legalinc reserves the right to refuse service to anyone and to cancel user access at any time subject to the Legalinc termination policy.
Authorization to Charge Your Account
By creating an account and submitting your payment information to Legalinc, you authorize Legalinc to store your payment information and to charge the billing source you have provided for your account according to the Service you select.
Subscription Fees.
If you purchase a product or service that is provided through a subscription (“Subscription Service”), you agree to pay all charges to your account made therefor, including but not limited to applicable taxes and fees for the use of additional features not included as part of your Subscription Service. You will be charged in accordance with the billing terms in effect at the time the fee or charge becomes payable. For any Subscription Services you purchase that are charged in full upon purchase, you agree that for each renewal term of such Subscription Service (each a “Renewal Term”), the amount due for the next Renewal Term will be due and immediately payable in full as of the first day of such Renewal Term. For each Subscription Service, your obligation to pay for each Renewal Term continues, regardless if you access the Dashboard or Site, or check any messages on either, during any Renewal Term. In other words, EVEN IF YOU DO NOT USE THE SUBSCRIPTION SERVICE OR ACCESS THE DASHBOARD, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION INSTRUCTIONS BELOW.
Billing
Payment for the initial term of a Subscription Service (the “Initial Term”) is due at the time of purchase.
If you have not opted for automatic renewal of your Subscription Service, Renewal Terms will be invoiced approximately two months before the start date of such Renewal Terms, with date due set no later than the first day of the Renewal Term (the “Billing Date”). The Billing Date will be based on the date of your original purchase. For example, if your purchase date was June 5th, your Billing Date will be July 5th if you have a monthly Renewal Term or the next June 5th if you have an annual Renewal Term. If your purchase date is the 29th day of February, your Billing Date for renewals in non leap-years only will fall on the 28th. If you have chosen a monthly Renewal Term and your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month.
If you have opted for automatic renewal of your Subscription Service, your Subscription Service will renew automatically at the end of the Initial Term and at the end of each Renewal Term thereafter unless and until you give notice of your intention to cancel automatic renewal or terminate your Subscription Service pursuant to this Agreement. If you do not give us notice of either such intention, your credit card will be charged for the Renewal Term of your Subscription Service on your Billing Date. Legalinc may adjust your Billing Date in subsequent Renewal Terms without notice. This will be reflected by a charge to your account on a pro-rated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless otherwise notified in advance by Legalinc pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Subscription Service.
Fee Adjustments
Legalinc may increase its fees for any Subscription Services effective the first day of a Renewal Term by giving you notice of the new fees at least thirty (30) days before the beginning of the Renewal Term. If you have and do not cancel automatic renewal or terminate your subscription pursuant to the terms below, you will be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term). Reductions in fees become effective on the next Renewal Term without any pro rata for the Renewal Term covered under the prior fee schedule.
Notice of Automatic Renewal.
If you have opted for automatic renewal of your Subscription Service, we may send a reminder email to the email address of record for your account before your Billing Date. Unless required by law in the state where you reside, Legalinc is not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) your inability to receive, or (iii) the failure of Legalinc to send the email does not create any liability on the part of Legalinc or any third-party service provider.
Promotional Trial Subscriptions.
We sometimes offer certain customers free trial or other promotional subscriptions, which are subject to these Terms except as otherwise stated in the promotional offers. At any time before the end of a trial period, you can cancel your subscription by calling us at (844) 386-0178, by emailing us at support@legalinc.com, or when available, by cancelling through the Dashboard. AT THE COMPLETION OF A TRIAL TERM, UNLESS YOU CHOOSE TO CANCEL, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL TERM.
By Legalinc.
Legalinc may terminate your use of all or part of the Services at any time in its sole discretion. If Legalinc terminates your Registered Agent Services, we also reserve the right to resign, with proper notice if required by state law, as your Registered Agent. Reasons for termination and resignation may include (but are not limited to): 1) your failure to provide accurate, complete, and current information as requested or required by, 2) the inability to locate you after reasonable efforts are made, 3) your failure to pay, or 4) suspected illegal activity.
If Legalinc terminates all or part of our Services, your sole remedy will be a refund of any prepaid fees related to the cancelled Services.
Your right to use a Subscription Service is also subject to any limits established by Legalinc or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including charge back, Legalinc reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating these Terms and our obligations under them. If a charge made to your credit card is declined, Legalinc may suspend your access to such Subscription Service and make up to five attempts to bill that card over a thirty-day period.
If you wish to reactivate your account after such suspension or termination, there will be no setup or reactivation fees. However, if your account was terminated for nonpayment, it will be reactivated only on receipt of the full amount past due. Any Subscription Service on a reactivated account’s new term will begin on the reactivation date.
By Subscriber.
If you make a cancellation request within Ten (10) days of the date on which you ordered your Subscription Service (the “Cancellation Period”), Legalinc will refund the full amount charged for such Subscription Service.
At the end of the Cancellation Period, you may cancel your Subscription Services at any time by calling our Customer Care team at (844) 386-0178, by emailing us at support@legalinc.com, or when available, by cancelling through the Dashboard. After your cancellation, your Subscription Service will remain active until the end of the current Renewal Term.
If you wish to cancel or terminate Registered Agent services, you must assign another registered agent in any jurisdiction where Registered Agent services have been terminated or cancelled. You must also pay all fees related to changing your agent (including appointment and/or registration fees). In addition, you must notify Legalinc that you have properly changed registered agents by the next Billing Date and provide satisfactory written proof that Legalinc, and any of its sub-contractors, are no longer listed as your registered agent to complete the cancellation or termination. You can notify us by phone, email, or when available the Dashboard.
If you no longer wish to use the Registered Agent services because you are discontinuing your business operations (voluntarily or otherwise), you must properly dissolve, cancel, withdraw, or otherwise properly terminate your entity. You must also notify Legalinc that you have properly discontinued business operations by the next Billing Date, either by phone or email, and provide Legalinc with proof of your dissolution, cancellation, withdrawal, or termination of your entity.
If you fail to provide Legalinc with satisfactory written proof that Legalinc, or its sub-contractors, your change of Registered Agent or of your discontinuation of business operations, you will continue to incur charges for Registered Agent services until such proof is provided.
Your obligations on Termination or Cancellation.
After termination and the end of the current Renewal Term, you agree that:
You are responsible for all expenses incurred by any on-going use of our Services, including, but not limited to, shipping charges incurred to forward Legal Mail received on your behalf.
Any Mail that your Registered Agent receives on your behalf as your registered agent will be marked “Return to Sender” if it is first class mail or destroyed if it is not. You waive and release your Registered Agent from compliance with any obligation to forward or re-mail Mail received after your subscription has been terminated and specifically agree that your Registered Agent has no obligation to forward or re-mail Mail to you except as expressly stated in this Agreement. You agree to hold Legalinc, your Registered Agent and the affiliates of each harmless from any claim to the contrary.
You acknowledge that you have sole responsibility for notifying senders (including all government agencies) of a registered agent address other than your Registered Address.
In the event this Agreement is terminated (other than by reason of your breach), Legalinc will make available to you a file of your Dashboard content (“Customer Data”) within 60 days of termination if you so request at that time. You agree and acknowledge that Legalinc has no obligation to retain the Customer Data and may delete such Customer Data more than 60 days after termination.
Links to Third Party Sites
This Site and Applications may contain links to websites controlled by parties other than Legalinc (each a “Third Party Site”). Legalinc works with a number of partners and affiliates whose sites are linked with Legalinc. Legalinc may also provide links to other citations or resources with whom it is not affiliated. Legalinc is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Legalinc makes no guarantees about the content or quality of the products or services provided by such sites. Legalinc is not responsible for webcasting or any other form of transmission received from any Third Party Site. Legalinc is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Legalinc of the Third Party Site, nor does it imply that Legalinc sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Legalinc is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Reviews, Comments, Communications, and Other Content
At various locations on the Site or through Applications, Legalinc may permit visitors to post ratings, reviews, comments, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms.
Rights and Responsibilities of Legalinc
Legalinc is not the publisher or author of the User Content. Legalinc takes no responsibility and assumes no liability for any content posted by you or any third party. Although we cannot make an absolute guarantee of system security, Legalinc takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help. If Legalinc’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Legalinc reserves the right to delete those files or to stop those processes. If Legalinc suspects a username is being used by someone who is not authorized by the proper user, Legalinc may temporarily disable that user’s access in order to preserve system security. In all such cases, Legalinc will contact the member as soon as feasible. Legalinc has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Unsolicited Submissions
Except as may be required in connection with your use of Legalinc Services, Legalinc does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Legalinc through or in association with this Site will be considered non-confidential and Legalinc’s property. By providing such submissions to Legalinc you hereby assign to Legalinc, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Legalinc will be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
Rights and Responsibilities of Legalinc Users or Other Posters of User Content
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any Legalinc service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You grant Legalinc a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time. You are not required to provide your real name when signing up as a user of Legalinc. Legalinc permits anonymous or pseudonymous accounts. Any user may request that such member’s email address be hidden to provide for additional privacy. Ratings and reviews will generally be posted in two to four business days. By submitting your email address in connection with your rating and review, you agree that Legalinc may use your email address to contact you about the status of your review and other administrative purposes.
Copyright Infringement Notice
Legalinc complies with the Digital Millennium Copyright Act (DMCA). Legalinc will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Legalinc’s Copyright Agent by email at support@legalinc.com or by mail to Copyright Agent c/o Legalinc Corporate Services, Inc., 10601 Clarence Dr., Suite 250, Frisco, TX 75033. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512©(3), for more information):
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, Legalinc has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Legalinc also may terminate User accounts even based on a single infringement.
Counter-Notice
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Legalinc may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Legalinc’s sole discretion.
THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LEGALINC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LEGALINC MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. LEGALINC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
Legalinc makes no guarantee that all necessary alerts, reminders, filings, requirements, or regulations are incorporated, included, or referenced in the Dashboard or provided by email, or that the information provided by the Dashboard or by email is accurate, reliable, complete, or timely. Furthermore, laws, regulations, and administrative requirements often change, and their application and impact vary from company to company and industry to industry. Accordingly, neither the Dashboard nor any email communication is intended to provide or substitute for accounting, legal, business, tax, or other professional advice or services. They are offered for informational purposes only and the Dashboard serves only as a venue for individuals to record specific information. The Dashboard, any email communications, and the information contained in any of these are not, and should not be construed or relied on, as legal advice. Compliance with all laws and regulations remains your sole and absolute responsibility. Before taking any business or legal action based on information from the Site, the Dashboard, or any email communication, you should consult with a financial or legal professional to verify deadlines and determine whether such actions are appropriate for you based on your personal or business needs. No representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of the Dashboard or the Subscription Services.
LEGALINC AND ITS SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE OR SERVICES OF AN ATTORNEY. THEREFORE, IF YOU NEED LEGAL ADVICE FOR YOUR SPECIFIC PROBLEM, OR IF YOUR SPECIFIC PROBLEM IS TOO COMPLEX TO BE ADDRESSED BY OUR TOOLS, YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR AREA.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD LEGALINC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEY’S 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 LEGALINC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF LEGALINC, 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. 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.
Registered Agent Services
YOU AGREE AND ACKNOWLEDGE THAT NEITHER LEGALINC NOR YOUR REGISTERED AGENT IS LIABLE FOR ANY DAMAGE TO LEGAL MAIL OR LOSS OF LEGAL MAIL DURING OR AFTER MAILING OR SHIPMENT TO YOU. NEITHER LEGALINC NOR YOUR REGISTERED AGENT IS RESPONSIBLE FOR LEGAL MAIL FOR WHICH THERE IS NO RECORD OF RECEIPT BY EITHER OF US. Any additional insurance in excess of the standard amount insured by carriers, if any, must be authorized and paid for in advance by you. You acknowledge and agree that neither Legalinc nor your Registered Agent has any responsibility or obligation to insure any Mail or shipments sent to you.
NEITHER LEGALINC NOR YOUR REGISTERED AGENT SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY NEGLIGENT ACTS OR OMISSIONS IN COMPILING, COLLECTING, PROCESSING, COMMUNICATING, OR DELIVERING MAIL OR HANDLING PHYSICAL OR DIGITAL DOCUMENTS, DIRECTLY OR INDIRECTLY. YOU AGREE AND ACKNOWLEDGE THAT THE TOTAL AMOUNT OF OUR LIABILITY, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SUBSCRIPTION SERVICES OR THE DASHBOARD SHALL NOT EXCEED $100.00 WITHOUT REGARD TO THE NATURE OF THE CLAIM, LOSS, OR DAMAGE INCURRED, EXCEPT AS PROVIDED IN THE DISPUTE RESOLUTION AND ARBITRATION SECTION. NEITHER LEGALINC NOR YOUR REGISTERED AGENT SHALL BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE, OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SUBSCRIPTION SERVICES PURSUANT TO THIS AGREEMENT.
Alerts
Any alerts included as part of our Subscription Services may include reminders in the Dashboard or by email of filing deadlines or other important dates. Your failure to view or read the message or inability to receive the message does not create any liability on the part of Legalinc. The Legalinc compliance calendar is made available to you so you can identify and comply with important deadlines. Compliance with any deadlines, whether or not referenced or communicated in the Dashboard or by email, is always your sole responsibility. Legalinc will not be liable for any loss of good standing of an entity for any reason.
You specifically indemnify Legalinc, its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys, and employees (collectively, “Legalinc”), and hold us harmless from any and all liability, claims, damages, losses, or causes of actions arising from our inspection of your Mail or from the release of information regarding you or your use of the Subscription Services to any local, state, or national agency or to the USPS, or to a private party whose subpoena you fail to contest as specified by us. Except as provided herein, we will preserve the confidentiality of your Mail’s contents with respect to third parties and will not use or disclose information contained in your Mail other than to carry out the purposes for which you disclosed that information. You agree to protect, defend, indemnify, and hold Legalinc harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages, and expenses (including attorney’s fees and all related costs and expenses of litigation at arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by us, including, without limitation, any claim for personal injury or property damage, arising from:
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND LEGALINC TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 14(g), BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND LEGALINC FROM SUING IN COURT OR HAVING A JURY TRIAL.
(a) No Representative Actions. You and Legalinc agree that any dispute or claim between us, including those arising out of or related to these Terms or our Services, is personal to you and Legalinc and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. For the purposes of this Arbitration Agreement, references to “Legalinc,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
(b) Arbitration of Disputes. Most concerns can be resolved quickly and to the customer’s satisfaction by calling our customer care center at (866) 757-5850. In the unlikely event that the Legalinc customer care center is unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute you after attempting to do so informally), this Section 14 applies. Except for (i) individual actions in small claims court located in the county of your billing address or (ii) actions in court seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Legalinc agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any aspect of the relationship between us (collectively, “Disputes”) resolved in court. Disputes include, but are not limited to, (a) those arising out of or related to these Terms or our Services, and (b) those related to advertising, privacy, data security, and the use of our website. This Arbitration Agreement applies to all Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, Disputes arising before you accepted these or any prior Terms, Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class, and Disputes asserted against Legalinc by those you list as authorized contacts on your order.
(c) Arbitration Procedures. For any Dispute that you have against Legalinc, or that Legalinc has against you, you and Legalinc agree to attempt to resolve the Dispute informally via the following process. If you assert a claim against Legalinc, you will first contact Legalinc by sending a written notice of your Dispute (“Claimant Notice”) to Legalinc by U.S. certified mail addressed to Notice of Dispute, General Counsel, Legalinc Corporate Services, Inc., 10601 Clarence Dr., Suite 250, Frisco, TX 75033; a courtesy copy of the Notice should also be sent by email to legalnotice@legalzoom.com. The Claimant Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. For any Dispute that Legalinc may have against you, we will provide you notice (“Legalinc Notice”) in similar form to that described above via the mailing address and email address associated with your account. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Legalinc first send the applicable Notice so that the parties can engage in this informal dispute resolution process.
If you and Legalinc cannot reach an agreement to resolve the Dispute within thirty (30) days after notice is provided, then either party may submit the Dispute to binding confidential arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth herein, in court. All Disputes submitted to AAA will be resolved through binding arbitration before one arbitrator. Unless the parties agree in writing to a different location, arbitration proceedings will be held in Los Angeles County, CA; if you are a Consumer, however, you may elect to hold the arbitration in your county of residence. For purposes of this Section 14, a “Consumer” means a person using the Services for personal, family or household purposes.
If you are a Consumer, you and Legalinc agree to use the AAA Consumer Arbitration Rules. If you are not a Consumer, you and Legalinc agree to use the AAA Commercial Arbitration Rules, including the Expedited Procedures for all Disputes with a value of $75,000 or less. The most recent versions of the AAA Consumer and Commercial Arbitration Rules are available on the AAA’s website at adr.org/Rules and such rules are hereby incorporated by reference into this Arbitration Agreement. You either acknowledge and agree that you have read and understand the applicable AAA Arbitration Rules or waive your opportunity to read the AAA Arbitration Rules and waive any claim that such rules are unfair or should not apply for any reason.
You and Legalinc acknowledge that the purpose of this Section 14 is to streamline the dispute resolution process and that Coordinated Filings are likely to frustrate that purpose. As a result, you agree not to assert a demand for arbitration as part of a Coordinated Filing. A “Coordinated Filing” is any demand for arbitration where the underlying claim is similar to at least ten (10) or more other pending demands for arbitration and where representation for that demand is consistent or coordinated with such other demands. Without limiting any remedies, in the event your demand is part of a Coordinated Filing, we may, at our option, decline arbitration and instead litigate the claim in a civil court of competent jurisdiction in accordance with the terms of Section 15.
(d) Individualized Arbitration Proceedings and Remedies. You and Legalinc agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to grant any relief that would otherwise be available in court and to make all procedural and substantive decisions regarding any Dispute, including those arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability, or validity of the Arbitration Agreement or any portion thereof. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one claimant.
(e) Confidentiality. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. You and Legalinc agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Legalinc agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
(f) Payment of Arbitration Fees. The costs of arbitration shall be governed by the AAA’s fee schedules, available at adr.org/Rules. If you are a Consumer and you initiate arbitration of a Dispute, you agree to pay the applicable AAA Consumer Case Filing Fee, and Legalinc will pay the remaining AAA fees and costs. If you are not a Consumer and you initiate arbitration of a Dispute valued at less than $75,000, you agree to pay $250 towards any arbitration filing fees and Legalinc will pay the remaining AAA fees and costs. If you are not a Consumer and your arbitration proceeding is valued at $75,000 or more, you and Legalinc will share equally the costs and fees of AAA Commercial Arbitration. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees will be governed by the applicable AAA Rules.
(g) Opt Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 14 by sending, via U.S. certified mail, a written Notice of Opt Out to Legalinc. The Notice of Opt Out must be addressed to: Notice of Opt Out, General Counsel, Legalinc Corporate Services, Inc., 10601 Clarence Dr., Suite 250, Frisco, TX 75033; a courtesy copy of the Notice of Opt Out should also be sent by email to legalnotice@legalzoom.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15, though, as stated above, you agree any such action will be brought as an individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(h) Additional Terms. If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (c) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
If you wish to seek public injunctive relief against Legalinc, such claim (and only such claim) must be severed from the arbitration and brought in court in accordance with the provisions of Section 15.
You and Legalinc agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over the enforcement of an arbitration award made pursuant to this Arbitration Agreement.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles County, California. You consent to personal and exclusive jurisdiction in these courts.
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Legalinc’s prior written consent. Any assignment in violation of this section will be null and void. If Legalinc sells all or part of its business, makes a sale or transfer of assets, is otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, Legalinc may assign this Agreement without your consent to a parent or subsidiary, an acquirer of assets, or a successor by merger.
You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
The failure of Legalinc to exercise in any respect any right provided for herein may not be deemed a waiver of any further rights hereunder.
If you have any questions regarding these Terms, please contact us at support@legalinc.com or by mail to Legalinc.com, Inc., 10601 Clarence Dr., Suite 250, Frisco, TX 75033.