TERMS AND CONDITIONS AND LICENSE AGREEMENT BETWEEN DirectLaw, Inc. a Delaware corporation doing business as DirectLaw, TOPS Products, Adams Forms, and R.R. Donnelly, Inc., the publisher of Adams Forms, hereinafter collectively, ("the Publisher" or "Publisher" or "we") and you.
The Publisher does not offer legal advice and is not a law firm or law practice. The legal information and legal forms and documents are provided by the Publisher and is offered for informational purposes only and is "legal information" as defined by Opinion No. 95-056 (December 19, 1995) of the Attorney General of the State of Maryland. The Publisher offers legal information that is similar to that provided by self-help law books and legal forms offered for sale through retail outlets.
You understand that your situation may be unique, and that the legal information within offered may not fit your circumstances, in which case seeking the advice of an attorney would be advisable. Although every care has been taken to insure the accuracy of the information provided, we do not promise, warranty, or guarantee that the information is correct, complete, or up-to-date. We are not responsible for any errors or omissions in the resources or information available within this Web site.
Each form and document should be treated as a starting point and should not substitute for professional legal analysis. The service of the site and each form and document is licensed with the understanding and agreement that we, any content provider, and any author, are not engaged in rendering legal, accounting or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought. The user assumes all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of any form or document and for the selection of a form or document to achieve the user's intended results.
You understand that the Publisher is not acting as your attorney in any way and that no attorney-client privilege is created by this relationship.
Our staff cannot make recommendations for any corrections or changes to documents. Any text which is to be revised or replaced must be identified appropriately and detailed replacement text provided by the customer. In short, our customers have the option of either (a) providing us with detailed exact replacement text or (b) revising the document themselves.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Maryland USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the state courts of Maryland.
In these Terms:
"Disclaimer" means the disclaimer of liability contained in these terms;
"Documents" means any legal document downloaded from a Web site (as detailed in these terms);
"ESP" means Rapidocs, Ltd. or Epoq Group, Ltd.
"Guide" the Web site law guide;
"DirectLaw" means DirectLaw, doing business as DirectLaw or SmartLegalForms.com
"Personal Data" means personal data that identifies you;
"Publisher" or "the Publisher" means the collective entities of DirectLaw, Inc., TOPS, Adams, and R.R. Donnelly, Inc.
"Products" means the legal forms and documents generated by the Rapidocs Document Assembly System and other document assembly technologies;
"Protected Entities" means the collective entities of DirectLaw, Inc., Staples the Office Superstore, LLC, TOPS, Adams, and R.R. Donnelly, Inc.
"Terms" means these terms [and conditions];
"You" means the individual person who has purchased a legal form from this Web Site.
"Web site" means the Web site operated by the Publisher.
This is a binding legal agreement between yourself and the Publisher. Your use of this Web site and/or your acceptance without modification of the terms, conditions, and disclaimers contained in these Terms constitutes your agreement to all such terms, conditions, and disclaimers. If you do not agree with these terms then you are not authorized to use this Web site.
The Service is intended to bring to the legal market place a product which has never existed in the past, namely an automated document assembly system as a means to document various legal transactions in a price competitive way. As indicated elsewhere in this Terms and Conditions Statement, the legal information and legal documents available from this Web site is not a substitute for the legal advice of an attorney who is a member of the bar of the state where you live.
You can purchase interactive legal forms powered by Rapidocs from this web site. This interactive forms option is known as the DirectLaw Service. You must be aware that the Service is driven by a document assembly system into which standard legal documents have been inserted in an interactive format. When used the software will automatically produce a version of a Document based on a standard text utilizing the information you have entered. It is however a computer system and while it is interactive, it does not have human like intelligence and does not have the capacity to think outside the pre-programmed information contained in it.
The Publisher will use reasonable efforts to update Documents. The Publisher believes that the Documents contain sufficient information to provide you with a starting point in the process of assembling a standard legal document. The Documents are not suitable to provide expert legal advice or where any particular transaction will require the Documents to be amended or altered. They should be utilized as a guide only to production of the relevant documentation for the particular purpose ascribed to it.
Documents are stored on our servers 90 days following purchase if an individual document is purchased.
(a) No transfer of title. The Web site and Documents, and copies of Documents or the Web site downloaded by you are owned exclusively by the Publisher and are licensed to you as provided for in this Terms and Conditions of Use; The Publisher does not transfer to you title to any tangible copy, or original, of the Documents or any part of the Web site.
(b) License: You are authorized to: (i) make use of the Document for your own personal use, or for the personal use of your immediate family members. "Personal use" means that the Document or Web site may be copied and used one or more times in respect of a matter or matters in which You (and/or your immediate family member(s)) are personally involved as a party. You may not use the Web site or the Documents for any other purpose, and all other rights to the Documents and Web site are specifically reserved. You may not remove the copyright notice and any terms of license from any Document or any part of the Web site, or use the Documents for any commercial purpose whatsoever. Ownership and copyright in the Documents and Web site belong solely to DirectLaw, Inc., and its parent company, SmartLegalforms, Inc., You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products obtained from this Web site.
You may not use this site on a professional or commercial purposes. In other words, you may not use this Web Service to generate legal forms or documents for which you resell for a fee to third parties, other than your immediate family. You agree that if we learn that you are using the Web Service for commercial purposes you will be a penalty fee of $100.00 for each document or form generated for a party, not a member of your immediate family. Commercial licenses for this Web Service are available.
We recommend that you check the Web site regularly to ensure that the Documents are the latest versions before reuse. If they are not and the Publisher has replaced them with revised versions you are recommended to upgrade to the latest version.
The Publisher has included within this agreement a disclaimer in respect of its liability in respect of the documents. Please read it carefully as the following are the terms upon which the Publisher provides Documents to you.
PLEASE READ THIS IMPORTANT NOTICE WHICH AFFECTS YOUR RIGHTS
IF YOU USE ANY DOCUMENT IN THE SERVICE, IT WILL BE ON THE TERMS WHICH ARE STATED IN THIS DISCLAIMER.
DOCUMENTS AVAILABLE ON THE WEBSITE HAVE BEEN GENERATED BY DIRECTLAW USING THE RAPIDOCS DOCUMENT ASSEMBLY SYSTEM. WHILE THE PUBLISHER AND DIRECTLAW HAS USED REASONABLE CARE IN PREPARING THE DOCUMENTS, IN THE MAJORITY OF CASES THEY WILL HAVE TO BE TAILORED TO SUIT YOUR PARTICULAR CIRCUMSTANCES. THEREFORE THE BASIS ON WHICH YOU PURCHASE OR MAKE USE OF ANY DOCUMENT IS THAT THE DOCUMENT IS SUITABLE TO BE USED BY YOU IN CONJUNCTION WITH PROPER ADVICE AS TO ITS APPLICATION AND ADAPTATION FOR YOUR PARTICULAR REQUIREMENTS. THE DOCUMENTS ARE NOT MADE AVAILABLE TO YOU ON ANY OTHER BASIS. PLEASE NOTE ALSO THAT THE DOCUMENTS HAVE BEEN PREPARED IN LIGHT OF THE LAWS OF A PARTICULAR STATE AS SET FORTH IN THE DOCUMENT, AND THEY WILL NOT BE SUITABLE IN OTHER STATES OR OVERSEAS. YOU SHOULD NOT USE THEM IF ANY PERSON WHO IS TO SIGN THE DOCUMENT OR THE PROPERTY WHICH THE DOCUMENT DEALS WITH IS OUTSIDE THE STATE WHERE YOU LIVE OR INTEND TO USE THE DOCUMENT.
THE PUBLISHER WILL NOT HAVE ANY RESPONSIBILITY AT ALL FOR ANY ALTERATIONS THAT MAY BE MADE TO ANY DOCUMENT AFTER YOU HAVE DOWNLOADED OR ACCESSED. PLEASE NOTE ALSO THAT ANY RESPONSIBILITY THAT THE PUBLISHER MAY HAVE TO YOU WILL NOT EXTEND TO ANY OF THE FOLLOWING: LOSS OR DAMAGE WHICH WE CANNOT REASONABLY FORESEE MAY HAPPEN; OR, LOSS OR DAMAGE WHICH CONSISTS OF OR INCLUDES ANY WASTED EXPENDITURE, INDIRECT LOSS, LOSS OF PROFITS OR ANTICIPATED PROFITS OR GAINS OF ANY DESCRIPTION OR LOSS OF BUSINESS.
IF A COURT OR ANY OTHER BODY HAVING THE POWER TO RULE ON DISPUTES DECIDES THAT ANY PART OF THIS DISCLAIMER IS NOT REASONABLE OR CANNOT BE ENFORCED FOR ANY REASON, THIS WILL NOT AFFECT THE VALIDITY OF THE OTHER PARTS OF THIS DISCLAIMER WHICH WILL CONTINUE TO BE IN FULL FORCE AND EFFECT.
THE LEGAL DOCUMENTS AND FORMS FROM THBIS WEB SITE ARE PROVIDED "AS IS," "AS AVAILABLE", AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY. THE PUBLISHER ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AND THE LEGAL DOCUMENTS AND FORMS AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS ON THE WEB SITE OR IN CORRESPONDENCE WITH THE PUBLISHER OR ITS AGENTS.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE PROTECTED ENTITIES OR THEIR AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO THE PROTECTED ENTITIES FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.
The "Directlaw" and "SmartLegalForms" logo, and the "RAPIDOCS" logo are used under license from ESH and SmartLegalForms, Inc. Other company names mentioned on the Web site may be the trademarks of their respective owners.
No part of the site may be reproduced in any form whether electronically or otherwise without the prior consent of the Publisher, other than temporarily in the course of using the Service or to keep a record of a transaction entered into using the Service.
Any rights not expressly granted herein are reserved.
As a condition of your use of this Web site, you warrant to us that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
(a) Warranty. THE PUBLISHER MAKES NO IMPLIED WARRANTIES OF ANY KIND, AND HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT.
(b) Liability. In no event will the Publisher, be liable for any indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the Documents, this Web site or the telephone support service whether based in contract, tort, strict liability or otherwise. The liability of any of the Publisher, for direct loss arising out of the use of the Documents, this Web site, and the telephone support service whether based in contract, tort, and strict liability or otherwise is limited to the total amount paid, if any, by you to the Publisher.
We reserve the right to change any terms, conditions, and disclaimers under which this Web site or any service offered through it are offered. This right will not affect the existing terms and conditions accepted by you upon making a legitimate purchase using this Web site.
These Terms will not affect your statutory rights as a consumer.
Your right to use the Web site and the Documents is not transferable without the specific written consent of the Publisher.
You represent that you are using the Web site and the Documents under your own name, and not under a pseudonym, fictitious name or under an alias or similar false name, and that all information you have provided about yourself to the Publisher is true and accurate and not falsified.
These Terms are governed by the laws of the State of Maryland, You hereby consent to the non-exclusive jurisdiction of the courts of the State of Maryland in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this clause.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. These Terms constitute the entire agreement between us with respect to this Web site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written. A printed version of these terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.