1. I understand and agree that Superior Legaldocs is not a law firm or an attorney, may not perform services performed by an attorney, and its forms or templates are not a substitute for the advice or services of an attorney. Rather, I am representing myself in this legal matter. No attorney-client relationship or privilege is created with Superior Legaldocs.
2. If, prior to my purchase, I believe that Superior Legaldocs gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.
3. I understand that 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 me in the event of a dispute as described in the Superior Legaldocs Arbitration Agreement, contained in Paragraph 16 of these Terms of Service.
4. I UNDERSTAND THAT THE SUPERIOR lEGALDOCS REVIEW OF MY ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. I WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT, WHERE APPLICABLE, AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
5. Accuracy of Information and Third-Party Consent. To the best of my knowledge, I have provided accurate information to Superior Legaldocs and have obtained all third-party consents required for my order.
6. Electronic Records and Signatures. I give Superior Legaldocs consent to affix my electronic signature where required to file my documents. I understand I may withdraw my consent, provided my documents have not already been filed, by calling Superior Legaldocs Customer Care at (347) 232-6474.
7. Non-English-Speaking Customers. I understand that certain materials on the Superior legaldocs site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
8. Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, I WILL HOLD SUPERIOR LEGALDOCS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' 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 ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF SUPERIOR LEGALDOCS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF SUPERIOR LEGALDOCS, 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 ME. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
10. Additional Superior Legaldocs Terms.I understand that my purchase may be subject to additional terms and conditions. I understand Superior Legaldocs Registered Agent Services, are subject to the Supplemental Terms of Service for Registered Agent Services, legal plans are subject to the Legal Plan Contract, and subscription and third-party services are subject to the Supplemental Terms of Service for Subscriptions and Third-Party Services. If applicable, I acknowledge that I have read and agree to the supplemental terms, which are incorporated herein by reference.
11. Third Party Services.
(ii) Limitations. If you would like additional advice, consultations, or services from an Accountant beyond your initial thirty minute telephone consultation, you may purchase these products or services directly from that Accountant for an additional fee.
12. Future Products and Services. If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
13. Abandoned Orders. My purchase allows me to create my own legal documents. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit for any undelivered order after 120 days have elapsed from the purchase date unless Superior Legldocs is at fault. All itemization of fees are displayed for convenience only. Delivered orders shall be governed by the Superior legaldocs Satisfaction Guarantee. Both parties acknowledge that Superior legaldocs is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Superior legaldocs for reimbursement of our commitment to service this order.
14. Exchanges. I understand that I may request an exchange of one product for a different product and complete a replacement order within 60 days of my purchase. The purchase price of the original item, less any filing fees, taxes or other third-party costs, will be credited to my Superior legdaldocs account. Any price difference between the original order and the replacement order or, if a replacement order is not completed within 60 days of purchase, the full original purchase price (in each case less any filing fees, taxes or other third-party costs) will be credited to my original form of payment. If I paid for my original order by check, I understand that Superior legaldocs will mail a check for the applicable amount to my billing address.
15. Suspended Accounts. If Superior Legaldocs encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that Superior Legaldocs, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that Superior Legaldocs disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside Superior Legaldocs, including me or any authorized contact, until the investigation is complete. Additionally, I understand that Superior Legaldocs, in its sole discretion, may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that Superior Legaldocs will not be liable for any delays caused by these policies and procedures.
16. DISPUTE RESOLUTION BY BINDING ARBITRATION.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at (347) 232-6474. In the unlikely event that the Superior Legaldocs Customer Care Center is unable to resolve your complaint to your satisfaction (or if Superior Legaldocs 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, Superior legaldocs will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from Superior legaldocs 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), Superior Legaldocs 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 Superior legaldocs offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
(a) Superior Legaldocs and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
· claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
· claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
· claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
· claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to "Superior Legaldocs," "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. 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 Superior Legaldocs 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.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Superior Legaldocs should be addressed to: Superior Legaldocs general counsel (will be provided upon request"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Superior Legaldocs and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Superior Legaldocs may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Superior Legaldocs or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Superior legaldocs is entitled.
(c) After Superior Legaldocs receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Superior Legaldocs will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association, as modified by these Terms, for all claims under $75,000 and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to Superior Legaldocs, at http://www.
(d) For claims under $75,000, if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Superior legaldocs’ last written settlement offer made before an arbitrator was selected, then Superior Legaldocs will:
· pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater; and
· pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the "attorney's payment").
If Superior Legaldocs 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 Superior Legaldocs’ 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 Superior Legaldocs’ settlement offer.
(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Superior legaldocs may have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, Superior Legaldocs will not seek such an award for claims under $75,000.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND SUPERIOR LEGALDOCS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Superior Legaldocs agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
17. Installment Plan.
(a) Qualification. The Superior Legaldocs Installment Plan (the "Installment Plan") is available as a purchase option for certain Superior Legaldocs’ products priced at $200 or more. Where an Installment Plan is offered, I acknowledge that Superior Legaldocs may charge a small installment fee in connection with this option. The total amount that will be charged for each installment payment, inclusive of any fee, will be disclosed to me prior to my election to participate in the Installment Plan.
(b) Billing. By opting into the Installment Plan, I am agreeing to make an initial payment (the "Initial Installment Payment") immediately when I place my order or change my payment plan. I hereby authorize Superior Legaldocs to charge my credit card for two additional installments on approximately, but not before, the first and second month anniversaries (each an "Installment Billing Date") of the Initial Installment Payment. If my purchase date is on the 29th through 31st day of any month, an Installment Billing Date for months with fewer days will fall on the last day of the month. Each payment will be of the same amount, except that if the total purchase price does not divide evenly into three parts, my final installment payment will include all outstanding amounts. I understand that I may pay my outstanding balance at any time without incurring additional charges.
(c) Default. If my credit card is declined Superior Legaldocs may make multiple attempts to bill that card. If I remain in default on the second payment when the third payment is due, I authorize Superior Legaldocs to charge both the second and third payment amounts to my credit card. If three attempts to charge my card are unsuccessful and my account balance remains unpaid, I understand that Superior Legaldocs may report information about my account to credit bureaus, and that late payments, missed payments, and other defaults may be reflected in my credit report. I understand that Superior Legaldocs may restrict my ability to purchase other Superior Legaldocs’ products if I am delinquent on any payment. I understand that Superior Legaldocs may make efforts to collect a delinquent payment. I understand that if I believe Superior Legaldocs has reported inaccurate information to a consumer reporting agency, I may call the Superior Legaldocs Customer Care Center at (347) 232-6474 and Superior Legaldocs will investigate the matter. I understand that Superior Legaldocs may accept late or partial payments, as well as payments that reflect "paid in full" or other restrictive endorsements, without limiting any of its rights under these Terms of Service.
(d) Store Credit. I understand that if I have a Superior Legaldocs store credit, the amount of that store credit will be deducted from my total purchase price before installment payment amounts are calculated. Store credit will not count against the $200 minimum purchase price per product. If I want to apply a store credit issued after my enrollment in the Installment Plan, I may do so by calling the Superior Legaldocs Customer Care Center at (347) 232-6474.
(e) Notice of Automatic Billing. Superior Legaldocs may send a reminder email to the email address of record for my account before my Installment Billing Dates. I acknowledge and agree that this notice is provided as a courtesy only, and Superior Legaldocs is not obligated or required to provide such notice. I acknowledge and agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of Superior Legaldocs to send the email does not create any liability on the part of Superior Legaldocs or any third-party service provider.
(f) Disputed Charges. I understand that if I dispute a charge to my credit card, I should call the Superior Legaldocs Customer Care Center immediately at (347) 232-6474 and Superior Legaldocs will investigate the matter.
(g) Account Information. I agree to notify Superior Legaldocs immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason. I understand that if my failure to provide Superior Legaldocs with accurate, complete, and current information results in delinquent payments, Superior Legaldocs may restrict my ability to purchase other Superior Legaldocs products, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
(h) Subscription Products. For subscription products offering the Installment Plan, Superior legaldocs reserves the right to terminate access to subscription benefits 31 days after a missed installment payment.
18. Filing Fees. Except as otherwise noted, filing and recording fees may include all mandatory or applicable federal, state, county and local administrative fees, name reservation fees, initial reports, publication notices, capitalization fees, franchise tax fees, expedite fees, certified copy fees, walk-in fees, courier fees and other transactional fees incurred on your behalf by Superior Legaldocs.
19. License. Superior grants you a nonexclusive, nontransferable worldwide right to use the legal form(s) you have purchased. This license allows you to access, download, use, and edit the legal form(s) you have purchased for your personal use. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the legal form(s); or (ii) modify, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting the legal form(s) or its source code, except for modifications to the forms for your personal use. All rights not expressly granted to you are reserved by Superior Legaldocs and its licensors
20. Superior Legaldocs strives to provide customers with the most thorough and up-to-date search results through the best available technology and trained search specialists. Accordingly, I understand that it takes all reasonable steps to ensure that the accuracy and completeness of searches is the best possible using its resources, including existing databases and personnel. For due diligence purposes, all customers should thoroughly examine the search report and review to ensure that they are satisfactory and accurate before making any decisions.
21. Legal Forms. If you have purchased a Legal Form from Superior Legaldocs, the following provisions apply to you:
(a) No Guarantee. Superior Legaldocs does not guarantee that any Legal Form provided is suitable for a particular purpose, or that any Legal Form provided is accurate, reliable, complete or timely. The Legal Forms provided are for information purposes only, and should not be relied upon as legal advice.
22. Delivery. I understand that Superior legaldocs uses a variety of methods to deliver finished products. For products delivered via physical shipment, I understand that Superior Legaldocs uses a variety of carriers for each shipping option and will choose a delivery method for the shipping option and address I designate. If I select overnight delivery or two-day delivery, I agree that Superior Legaldocs may use air or ground shipping as necessary to get my items to me within the promised time frame. The shipping fee indicated does not necessarily represent the actual amount paid by Superior Legaldocs to the carrier chosen for the delivery of my order. It may include, in addition to the fees paid to the carrier, Superior Legaldocs or third party handling and processing fees. For products delivered electronically, I understand that I will be notified via email when my product is complete and available for download. I understand that I may access my product by logging in to My Account.
23. Reviews. After your purchase, you may receive an email survey request from Superior Legaldocs. You may also write a review on the Site. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.
24. Access to World Wide Web; Internet Delays. To use Superior Legaldocs services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Superior Legaldocs services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that Superior Legaldocs is not responsible for delays, delivery failures, or other damage resulting from such problems.
25. Force Majeure. Superior Legaldocs shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, Superior Legaldocs may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
26. Right to refuse. I acknowledge that Superior legaldocs reserves the right to refuse service to anyone.
27. I acknowledge that Superior Legaldocs is not a registered or bonded legal document assistant under New York Business and Profession Code, sections 6400 et seq.
28. I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these Terms of Service.