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.
THESE TERMS REQUIRE 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. PLEASE REVIEW SECTIONS 12 AND 14 BELOW FOR FURTHER DETAILS.
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.com, 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 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.
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 canceled 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 the 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 firstname.lastname@example.org 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 to 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.
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.
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, therefore, 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.
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.
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 email@example.com, or when available, by canceling 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.
Legalinc may terminate your use of all or part of the Services at any time at 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 canceled 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 chargeback, 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 makeup 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.
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 firstname.lastname@example.org, or when available, by canceling 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 canceled. 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 on 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 the 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.
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 email@example.com or by mail to Copyright Agent c/o Legalinc.com, 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(c)(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.
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.
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 the 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 carefully. It affects your rights.
It is Legalinc’s goal that the Services meet your expectations and live up to our promises to you. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Center at (844) 386-0178. However, there may be instances when you feel that Legalinc has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, Legalinc is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Legalinc, you acknowledge and agree that you will first give Legalinc an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to: firstname.lastname@example.org or by mail to Legalinc.com, Inc., 10601 Clarence Dr., Suite 250, Frisco, TX 75033.
You then agree to negotiate with Legalinc in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Legalinc’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
Dispute Resolution by Binding Arbitration
In the unlikely event that the Legalinc Customer Care Center is unable to resolve your complaint to your satisfaction (or if Legalinc has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Legalinc will pay all costs of the arbitration. Moreover, in arbitration, you may recover attorney’s fees from Legalinc to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.
Under certain circumstances (as explained below), Legalinc will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what Legalinc offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
For the purposes of this Arbitration Agreement, references to “Legalinc,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, 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. Beneficiaries include, but are not limited to, those named in an estate planning document.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Arbitration Agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Legalinc are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
You may download or copy a form to initiate arbitration from the American Arbitration Association (“the AAA”) website at www.adr.org.
If Legalinc did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Legalinc’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before Legalinc’s settlement offer.
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.
Any legal action or proceeding relating to your use of our Services is governed by the Arbitration Agreement contained in paragraph 14 of these Terms. These Terms expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.
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 email@example.com or by mail to Legalinc.com, Inc., 10601 Clarence Dr., Suite 250, Frisco, TX 75033.