WEBSITE TERMS OF USE
Last modified:March 1, 2019
Last modified:March 1, 2019
Acceptance of the Terms of Use
These terms of use are entered into by and between You and BetterLegal Solutions LLC (BetterLegal, "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use ofwww.betterlegal.com(Website), including any content, functionality and services offered on or through such website and its URL extensions, whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website.By using the Website, you accept and agree to be bound and abide by these Terms of Use and our privacy policy found athttp://www.betterlegal.com/privacy(the Privacy Policy), which is incorporated herein by reference.If you do not want to agree to or accept these Terms of Use or the Privacy Policy, you must not access or use the Website.
THE WEBSITE IS ONLY OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER AND FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS OF USE AND THE PRIVACY POLICY, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT MEET ALL OF THE FOREGOING REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these Terms of Use, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority or if you do not agree with these Terms of Use, you may not agree to these Terms of Use or use BetterLegals Website. If after your purchase of services on our Website we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in these Terms of Use and the order you placed, including without limitation, the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in theGoverning Law and Jurisdictionsection below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. We encourage and expect you to consult the Terms of Use each time you access a Website so you are aware of any changes, as they are binding on you.
We Are Not Your Attorney Always Seek Professional Legal Advice if Possible
Our Websites goal is to provide a general understanding of the law and to provide helpful, automated online software/methods for individuals who choose to form their own business entities or prepare their own legal documents. While we attempt to provide some basic information about the formation of business entities and other general legal topics, and while we review the information you provide us for typos, consistency, completeness, spelling, and similar clerical matters, we do not and cannot review your answers for legal sufficiency, apply the law to your particular situation, draw legal conclusions, provide legal advice, explanations, options, opinions, or recommendations about legal rights, remedies, business structure and operations, use of business and legal forms, or general business and legal strategies.
BETTERLEGAL IS NOT A LAW FIRM, NOR IS IT A SUBSTITUTION FOR A LAW FIRM OR AN ATTORNEY. OUR WEBSITE STRIVES TO FACILITATE THE PROCESS BY WHICH INDIVIDUALS SET UP THEIR OWN BUSINESSES AND PREPARE THEIR OWN DOCUMENTS, BUT WE DO NOT AND CANNOT PERFORM THE SERVICES PROVIDED BY LICENSED ATTORNEYS.
BetterLegal endeavors to provide comprehensive forms that can be used successfully by most new businesses. We attempt to keep our documents current and to adapt our documents in the event of any critical changes in applicable law, but the law and standard industry practices can change rapidly, and we make no guarantee that our documents are completely current. Moreover, BetterLegals form documents make assumptions about Your new business that may not be correct. While we believe that our forms are appropriate for most new businesses, they may not be ideal for your companys particular situation. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance for every person or their business.You should always review our forms before signing them and consult with an attorney should you have any questions or concerns.
Your use of the Website does not create an attorney-client relationship with BetterLegal Solutions, LLC, its members, managers, officers, employees, or other agents (even if such persons are licensed attorneys). The legal information contained on the Website 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.
Terms Applicable to Specific Services
The following terms govern your use of the BetterLegal services set forth below. The Terms of Use apply to such services, but in the event of any inconsistency between these Terms of Use generally and the specific terms set forth below in this Section entitled Terms Applicable to Specific Services, the terms set forth below shall prevail.
(a)Business Formation Service. If you are using BetterLegal to set up a new entity (LLC, corporation, etc.), BetterLegal will make the necessary filing to legally establish the existence of your entity in the state of your choosing. In order to do so, we will fill in the necessary forms with the information you have provided us. Accordingly, by making an order with BetterLegal you expressly represent to us that: (i) all of the information you have provided us is complete and accurate; (ii) you consent to BetterLegal utilizing such information to prepare and file the documents necessary to form your new entity on your behalf; (iii) you consent to BetterLegal representing to the applicable state governmental office that the information you have provided is accurate (under penalty of perjury); (iv) the information you have provided us about each person who you have listed as a manager, member, officer, director, shareholder, registered agent, or otherwise in connection with your business is accurate, and you have received the express consent of such person to provide us with such persons information and use such information in forming your new business; (v) you and the persons mentioned in the foregoing item (iv) consent to BetterLegal applying your electronic signature(s) to any documents/forms as is necessary to complete the business formation process and to represent to the applicable state governmental office that the applicable business formation filings are being made by you; and (vi) you have obtained a written consent from the person you have designated as your businesss registered agent, whereby such person agrees to serve in that capacity.
BetterLegal prides itself on rapid business-formation services. However, you acknowledge and agree that the turnaround times that we display on our Website are estimates only, and that BetterLegals actual turnaround times are directly impacted by the speed at which the applicable state government office is able to process the filings we submit. Accordingly, our estimated turnaround times are estimates only and are not guaranteed. In addition, any order that you submit to BetterLegal must be received by 3:00pm Central Standard Time in order to receive same-day filing treatment (and will otherwise be filed on the following business day).
You further understand and agree that the information that BetterLegal is required to provide to the applicable state government office in order to form your new entity is often public information. By utilizing BetterLegal for your business formation service, such information is not protected from public disclosure.
(b)EIN Service. If you are using BetterLegal to obtain an Employer Identification Number (also known as an EIN or Tax ID), BetterLegal will obtain your EIN through the Internal Revenue Service website designed for this purpose or, alternatively, through fax application to the IRS.
Accordingly, by making an order with BetterLegal you expressly represent to us that: (i) all of the information you have provided us is complete and accurate; (ii) you consent to BetterLegal utilizing such information (including your social security number) to apply for an EIN; (iii) you consent to BetterLegal representing to the Internal Revenue Service that the information you have provided is accurate (under penalty of perjury); and (iv) the information you have provided us about each person who you have listed as a manager, member, officer, director, shareholder, registered agent, or otherwise in connection with your business is accurate, and you have received the express consent of such person to provide us with such persons information and use it for the purpose of obtaining an EIN.
BetterLegal prides itself on rapid business-formation services. However, you acknowledge and agree that the turnaround times that we display on our Website are estimates only, and that BetterLegals actual turnaround times are directly impacted by the speed at which the applicable state government office is able to process the filings we submit. Accordingly, our estimated turnaround times are estimates only and are not guaranteed. In addition, any order that you submit to BetterLegal must be received by 3:00pm Central Standard Time in order to receive same-day filing treatment (and will otherwise be filed on the following business day).
(c)Document Forms. BetterLegal may on occasion provide you with optional legal document templates. Such documents are being provided to you as a courtesy only. BetterLegal does not guarantee that any form provided is suitable for a particular purpose, or that any form included or referenced is accurate, reliable, complete or timely. The forms provided are for information purposes only, and should not be relied upon as legal advice. BetterLegal is not a law firm and does not provide legal advice or representation. Any optional legal forms that are provided are not a substitute for the advice of an attorney.
(d)Compliance Service. If you have purchased BetterLegals Compliance Service, the following provisions apply to you:
i.Filing Fees. You are responsible for paying government fees.
ii.Responsibility to Provide Information and Payment. On each occasion when you have a compliance filing due, BetterLegal will request that you either update your information on our Website or respond to a questionnaire. You must provide BetterLegal with such information at least 15 business days before your filing due date. In addition, BetterLegal may request that you only provide us with any information about you or your company that has changed since the last time a compliance filing was made. In such event, if you simply fail to respond to such a request, BetterLegal may use your information on file with us to complete your compliance filing. BetterLegal may also request that you pay any applicable filing fees prior to the time we make your compliance filing, and you are responsible for providing such payment in advance. You specifically acknowledge that filing fees may apply to your compliance filings and authorize BetterLegal to charge such fees to your credit card on file without first seeking your approval.
iii.Compliance Alerts. We may reach out to you to remind you of an upcoming filing. We may also contact you about missed filings or changes to your entity's status with state-filing authorities. You are responsible for informing BetterLegal of changes to your contact information so that you receive these alerts.
iv.Eligibility. To qualify for our Compliance Service, you must either sign up at the time of your business formation order with us, or your entity must be in good standing with the state.
v.Exclusions. Local, industry-specific, licensing, and tax requirements (including but not limited to franchise tax filings, income tax filings, personal/business property tax filings, and sales tax filings) are not included as part of our Compliance Service.There may be a number of filings relating to these requirements, which BetterLegal will not file for you, and you should make sure you educate yourself on these requirements or speak to a qualified CPA or licensed attorney.
vi.Guarantee. BetterLegal guarantees that if we miss a deadline for a filing included as part of our Compliance Service, we will pay the penalty. However, if the filing cannot be completed because of your inaction or error, or because you did not pay the filing fee, this guarantee will not apply. If your entity is not in good standing with the state before the filing deadline, this guarantee will not apply. This guarantee does not apply to any of the excluded items set forth in subsection v. above, and does not apply to the filing of your federal and state business income tax returns by independent tax professionals.
(e)Permit and License Service. Our Permit and License Search service is provided by incorporate.com, a CSC company. You agree that the provision of these services are accordingly subject to the terms and conditions established by incorporate.com and found athttps://www.incorporate.com/legal/.
(f)Third-Party Providers. In some cases, BetterLegal works with partners and affiliates whose websites are linked with BetterLegal and controlled by parties other than BetterLegal (each a Third-Party Site). BetterLegal is not responsible for and does not endorse the availability, contents, products, services, or use of any Third-Party Site, any website accessed from a Third-Party Site, or any changes to those sites. BetterLegal does not guarantee the content or quality of the products or services provided by Third-Party Sites. If you have purchased a service through BetterLegal that includes a Third-Party Service, the third party may contact you by email or phone with instructions on how to access your benefits, and you may be required to accept additional terms that are located on the Third-Party Site.
(g)Subscription Payments. If you purchase a subscription-based product, including but not limited to our Compliance Service (a Subscription), these payment terms (Subscription Terms) shall apply. However, payment terms relating to our Registered Agent Service are governed by the section below entitledTerms Applicable to Registered Agent Service.
i.Fees. You must pay all charges to your account relating to that Subscription, including applicable taxes and fees for the use of additional features not included as part of your Subscription. You will be charged in accordance with the billing terms in effect at the time of your initial purchase. If you purchase a Subscription that is charged in full on purchase, in each renewal period for that Subscription, you must pay the total cost of the next subscription period by the first day of that period. For each Subscription, your charge remains for each subscription period no matter if you access the services or Site during any subscription term. In other words, EVEN IF YOU DO NOT USE THE SUBSCRIPTION, YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. For more information about canceling your Subscription, see theTermination and Cancellationsection below.
ii.Billing. You must provide valid credit card information at the time of purchase to allow payment for the initial term of a Subscription. Subscriptions renew automatically, and your Subscription will renew at the end of the initial subscription term (the Billing Date) and at the end of each successive term, until you notify us that you want to terminate your Subscription under these Subscription Terms or your Subscription is otherwise terminated. If you do not notify us, your credit card will automatically be charged for the renewal term of your Subscription on your Billing Date. BetterLegal may adjust your Billing Date in subsequent renewal periods without notice. Unless BetterLegal otherwise notifies you in advance under these Subscription Terms, the renewal charge will be equal to the original purchase price for the Subscription. BetterLegal may obtain automatic updates for any expiring credit cards you have provided. You must pay BetterLegal the fees associated with your Subscription. Additional discounts may be available for members purchasing multiple months up front or as part of certain promotions.
iii.Fee Adjustments. BetterLegal may increase Subscription fees by notifying you of new fees at least 30 days before the beginning of a renewal term. The new fees will be effective on the first day of the renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new fees for the renewal term and subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term).
(h)NO GUARANTEE. LAWS, REGULATIONS, AND ADMINISTRATIVE REQUIREMENTS CHANGE OFTEN, AND THEIR APPLICATION AND IMPACT VARY FROM COMPANY TO COMPANY AND INDUSTRY TO INDUSTRY. FORMS, EMAILS AND SMS TEXT MESSAGE COMMUNICATIONS ARE NOT INTENDED TO PROVIDE OR SUBSTITUTE FOR ACCOUNTING, LEGAL, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES. THEY ARE OFFERED FOR INFORMATION PURPOSES ONLY.SERVICES. THEY ARE OFFERED FOR INFORMATION PURPOSES ONLY. COMPLIANCE WITH ALL LAWS AND REGULATIONS REMAINS YOUR SOLE AND ABSOLUTE RESPONSIBILITY SERVICES. THEY ARE OFFERED FOR INFORMATION PURPOSES ONLY.. BEFORE TAKING ANY BUSINESS OR LEGAL ACTION BASED ON INFORMATION FROM THE SITE, THE LIBRARY OR ANY EMAIL OR SMS TEXT MESSAGE 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. WITH THE EXCEPTION OF THE COMPLIANCE SERVICE FILING GUARANTEE, NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN REGARDING THE LEGAL OR OTHER CONSEQUENCES RESULTING FROM THE USE OF ANY PRODUCT/SERVICE.
Terms Applicable to Registered Agent Service
The following terms (the RA Terms) govern your use of BetterLegals registered agent services. The Terms of Use apply generally to such services, but in the event of any inconsistency between these Terms of Use generally and the specific terms set forth below in this Section entitled Terms Applicable to Registered Agent Services, the terms set forth below shall prevail.
1. Description of Registered Agent Services. You are purchasing Registered Agent Services (RA Services) for a specific company. BetterLegal agrees to serve as the Registered Agent for the company specified in your order during the period of time (RA Service Term) purchased, or to arrange for a third-party provider to serve as your registered agent.
a. Service Provider. You acknowledge and agree that BetterLegal does or may work with third-party providers and sub-providers (each, a BetterLegal Registered Agent or "Registered Agent") of our choice to provide some or all of the Registered Agent Services. You acknowledge and agree that any such Registered Agent may provide Registered Agent Services to you.
b. Service of Process. You authorize your Registered Agent to receive service of process, including any notices of legal proceedings, other legal notices, or official government communication, and any items covered by the respective statute, rule, or regulation governing the state in which you have selected for RA Services (collectively, "Legal Mail"), on your behalf. You further authorize your Registered Agent to scan and upload the Legal Mail received on your behalf into your account and to email you any Legal Mail at your email address provided to BetterLegal.
c. Not a Mailing Address. Except as otherwise specified in this Agreement, your Registered Agent's services are limited to the receipt and forwarding of Legal Mail, and do not include the provision of a business or mailing address independent of such statute, rule, regulation, or contract. Your Registered Agent has no obligation to forward any items received pursuant to any unauthorized use of your Registered Agent's address (the "Registered Address") and neither your Registered Agent nor BetterLegal assumes 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. Your Registered Agent may seek reimbursement from you for any and all costs incurred in connection with the unauthorized use of the Registered Address. Your Registered Address is for the primary purpose of fulfilling state requirements 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.
d. Representation of Registered Address. 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 in or on business cards, brochures, websites, or emails.
e. Misdirected Mail. You acknowledge that your Registered Agent delivers Legal Mail to users; it does not warrant that Legal Mail will never be misdelivered. You acknowledge that in such cases neither BetterLegal nor your Registered Agent is liable to the intended recipient. Your Registered Agent will make its best efforts to notify both the intended recipient and the unintended recipient promptly on discovery of the error and seek prompt retrieval of the item from the unintended recipient.
f. Customer-Returned Mail. If you refuse or fail to accept Legal Mail forwarded to you from your Registered Agent pursuant to this Agreement, you will bear any costs of return shipping and re-induction of the Legal Mail. At the request of BetterLegal or your Registered Agent, you must sign for or otherwise acknowledge your acceptance of all Legal Mail sent to you by your Registered Agent.
g. Customer Responsibility to Provide Accurate and Updated Information. It is your responsibility to contact BetterLegal with changes to your contact information and business status (such as dissolved or inactive) within 30 days of the change. Failure to do so may result in the termination of your services. You acknowledge that neither BetterLegal nor your Registered Agent is liable to you for damages resulting from your failure to update or provide accurate information to BetterLegal.
2. General Practices Regarding Use and Storage.You acknowledge that BetterLegal may establish general practices and limits concerning use of the Registered Agent Services. You agree that BetterLegal has no responsibility or liability for the deletion or failure to store any Legal Mail, messages, communications, or other content received or transmitted. BetterLegal may subcontract any RA Services or any work, obligations, or other performance required under RA Services without your consent. Unless explicitly stated otherwise, any new features that augment or enhance the current RA Service are subject to these RA Terms of Service.
3. Updates to Terms.You acknowledge that BetterLegal reserves the right to change these RA Terms of Service at any time (Updated Terms), in its sole discretion, with or without notice. You agree that that your use of the RA Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the RA Services from that point forward. These RA Terms of Service will govern any disputes arising before the date of the Updated Terms. If you do not agree with an update, you may terminate your RA Services. To do so, see the Resignation Due to Termination paragraph below.
4. Your Information.You, not BetterLegal, have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and copyright of your information, and BetterLegal is not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any such information. BetterLegal reserves the right to withhold, remove, and/or discard your information without notice for any breach, including, without limitation, your non-payment. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of the RA Services or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
5. Payment.
a. Fees. You must pay all fees, including filing fees, related to your account in accordance with the terms at the time of your purchase, even if you do not receive registered agent mail, until you cancel your RA Service or it is otherwise terminated and your obligations under Paragraph 7c(ii) are fulfilled. BetterLegal may increase its fees for RA Services effective the first day of a RA Service Term by giving you notice of the new fees at least thirty (30) days before the beginning of the RA Service Term. If you do not cancel your RA Service and fulfill your obligations under Paragraph 8c(ii), you will be deemed to have accepted the new fee 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 refund for the then-current term.
b. Billing. You must provide valid credit card information at the time of purchase to allow payment for the initial RA Service Term (the Initial Term). Payment for the Initial Term is due as directed in your purchase. Your RA Service will renew automatically at the end of the Initial Term and at the end of each successive renewal term (each a Billing Date), until you notify us that you want to terminate your RA Service under this Agreement or your RA Service is otherwise terminated. If you do not notify us, your credit card will automatically be charged for the renewal term of your RA Service on your Billing Date. BetterLegal may adjust your Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to your account on a prorated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless BetterLegal otherwise notifies you in advance under this Agreement, the renewal charge will be equal to the original purchase price paid for the RA Service. If a charge made to your account is declined, BetterLegal may make multiple attempts to bill that card. BetterLegal may obtain automatic updates for any expiring credit cards you have provided.
c. Cancellation of Automatic Renewal. Cancellation of your automatic renewal terminates your RA Service. To cancel the automatic renewal of your RA Service, you must notify BetterLegal of your intent to cancel by calling our Customer Service Line at (855) 612-0480, emailing us at[email protected], or by cancelling online through your account portal. BetterLegal agrees that when it receives notice of this cancellation, no further charges will be billed to your credit card automatically, subject to Your Obligations on Termination or Cancellation, Section 7, below.
6. Changes to Service. BetterLegal may change the offering of Registered Agent Services, including the functionality, content, or availability of any features of the services, at any time in its sole discretion. We may also impose limits on features and services or restrict your access to all or part of the service. However, you have the right to cancel your membership should we materially decrease benefits. If we add new features to the service, including adding third-party services, the new features will be subject to these RA Terms.
7. Termination or Cancellation.
a. By BetterLegal. BetterLegal may terminate your RA Service and resign, with proper notice if required by state law, as your registered agent. Reasons for termination may include: 1) your failure to provide accurate, complete, and current information as requested or required by BetterLegal or your Registered Agent, 2) the inability to locate you after reasonable and diligent efforts are made, 3) your failure to pay, 4) suspected illegal activity, or 5) any other lawful reason. As your sole remedy, BetterLegal will refund you any prepaid fees specifically related to the current RA Service Term.
b. By Customer. You may cancel your RA Service by calling our Customer Service Line at (855) 612-0480, emailing us at[email protected], or by cancelling online through your account portal. After you have cancelled, your RA Service will remain active until you have fulfilled your obligations pursuant to Paragraph 7c(ii) below.
c. Your Obligations on Termination or Cancellation. After termination by BetterLegal or termination or cancellation by Customer and at the end of the then-applicable Term, you agree that:
i. You are responsible for all expenses incurred by your use of the RA Services after termination or cancellation including, but not limited to, shipping charges incurred to forward Legal Mail received on your behalf.
ii. You must assign another registered agent in that jurisdiction or act as your own registered agent, where lawful, and must pay all fees related to changing your agent (including appointment and/or registration fees). In addition, you must notify BetterLegal that you have properly changed registered agents by the next Billing Date and provide BetterLegal with satisfactory written proof that BetterLegal or its Registered Agent is no longer listed as your registered agent. You can notify BetterLegal by phone, email, or through your online account portal. If you no longer wish to use the Registered Agent Services because you are discontinuing your business operations (voluntarily or otherwise), you must provide BetterLegal with satisfactory written proof that your entity has been voluntarily dissolved with the state filing office, or that its status with the state filing office (or other government agency) is inactive (e.g., revoked, suspended, forfeited, cancelled, noncompliant, delinquent, or administratively dissolved) by the next billing date. You can notify BetterLegal by phone, by email, or through your online account portal. If you cancel RA Services because your entity has been voluntarily dissolved or its status is inactive, your BetterLegal Registered Agent, in its sole discretion and in accordance with state filing offices requirements, may resign as your entitys registered agent. However, the BetterLegal Registered Agent may continue to be listed as your entitys registered agent if your state filing office does not accept resignation filings or other amendment filings for voluntarily dissolved or inactive entities. If you fail to provide BetterLegal with satisfactory written proof of your change of the BetterLegal Registered Agent as your registered agent or of your discontinuation of business operations, you will continue to incur charges for BetterLegal Registered Agent Services until such proof is provided.
iii. After termination, any Legal Mail that your Registered Agent receives on your behalf 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 Legal Mail received after your subscription has been terminated and specifically agree that your Registered Agent has no obligation to forward or re-mail Legal Mail to you except as expressly stated in this Agreement. You agree to hold BetterLegal, your Registered Agent and the affiliates of each harmless from any claim to the contrary.
iv. You acknowledge that you have sole responsibility for notifying senders (including all government agencies) of your new registered agent address.
8. Indemnification.You agree to protect, defend, indemnify, and hold BetterLegal harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages, and expenses (including attorneys' 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: (a) these RA Terms; (b) the RA services provided to you; (c) your use of the RA Services, including without limitation any copyright infringement claims that could arise from your Registered Agent scanning Legal Mail or other documents; (d) the failure of any third party, USPS, or any commercial delivery or courier service, to provide delivery or courier services accurately and on time; (e) loss, damage, or destruction of your Legal Mail by any cause whatsoever whether or not attributable to our negligence or intentional act; (f) any violation by you of any federal, state, or local laws, statutes, rules, or regulations; and (g) BetterLegal or its agents being named as defendant in an action based on your alleged or actual conduct. For purposes of these Terms of Use, the indemnified parties shall include BetterLegal and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys, and employees.
9. Limitation of Liability.
YOU AGREE AND ACKNOWLEDGE THAT NEITHER BETTERLEGAL 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 BETTERLEGAL 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 BETTERLEGAL NOR YOUR REGISTERED AGENT HAS ANY RESPONSIBILITY OR OBLIGATION TO INSURE ANY LEGAL MAIL OR SHIPMENTS SENT TO YOU.
NEITHER BETTERLEGAL 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 LEGAL 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 THESE RA TERMS SHALL NOT EXCEED THE AMOUNT PAID FOR THE REGISTERED AGENT SERVICE WITHOUT REGARD TO THE NATURE OF THE CLAIM, LOSS, OR DAMAGE INCURRED, EXCEPT AS PROVIDED IN THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION OF THE TERMS OF USE. NEITHER BETTERLEGAL 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 THESE RA TERMS OR THE PROVISION OF ANY SERVICES PURSUANT TO THESE RA TERMS.
Terms Specific to BetterLegal Partners
Subscribers of the BetterLegal Partner Service (Partner Subscribers) agree that these Terms of Use (including all limitations on BetterLegals obligations and liability) shall apply with equal effect to each entity formed by such Partner Subscriber through the BetterLegal Partner Service, as well as to any other services ordered through BetterLegal, including but not limited to Registered Agent Service, Compliance Service, and Permit and License Service. Each Partner Subscriber expressly agrees and acknowledges that BetterLegals agreement and duties (if any, and as limited by these Terms of Use) related to any entity formed/maintained through the BetterLegal Partner Service are with and owed only to the Partner Subscriber (and not any third party for whom such subscriber obtains services through the BetterLegal Partner Service; such third parties are not intended third party beneficiaries of these Terms of Use).
To the extent BetterLegal collects payment from a Partner Subscribers client/customer, and any portion of such payment is owed to the Partner Subscriber, BetterLegal may make payment of such amount by check or wire transfer, and may offset such payment by any amounts owed to BetterLegal.
BetterLegal reserves the right to terminate a Partner Subscribers subscription at any time, for any reason or no reason, provided that termination of the subscription services (such as Registered Agent Service and Compliance Service) associated with any entity formed by a Partner Subscriber may only be terminated in accordance with the above sections of these Terms of Use that govern such termination. Subject to the foregoing, a Partner Subscribers sole remedy in the event of such termination by BetterLegal shall be to receive a refund of any prepaid subscription fees and to receive any payments collected by BetterLegal from the Partner Subscribers clients/customers that are owed to the Partner Subscriber at the time of termination.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for (a) making all arrangements necessary for you to have access to the Website and (b) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details and other information that we will need in order to provide our services to you. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by BetterLegal, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Violation of this Section is strictly prohibited without the express, written permission of BetterLegal. For information on requesting such permission, contact us at[email protected].
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not sell, license, rent, copy, reproduce, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, republish, adapt, edit, download, store or transmit any of the material on our Website, with the following exceptions: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; (3) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; (4) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and (5) if we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not (1) modify copies of any materials from the Website; (2) use any illustrations, photographs, video or audio sequences or any graphics from the Website separately from the accompanying text; (3) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by BetterLegal. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The BetterLegal name and all related names, logos, product and service names, designs and slogans contained on the Website are trademarks of BetterLegal or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners. BetterLegal is not affiliated with Alex & Saavedra P.C. or their trademark, Legal. Better.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website (a) in any way that violates any applicable federal, state, local or international law or regulation; (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use; (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (e) to impersonate or attempt to impersonate BetterLegal, a BetterLegal employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (f) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm BetterLegal or users of the Website or expose them to liability.
Additionally, you agree not to (1) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; (2) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) use any device, software or routine that interferes with the proper working of the Website; (5) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the Website.
Copyright Infringement
Reporting Copyright Infringement.We take claims of copyright infringement seriously. We will respond to notices of alleged copyrightinfringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. 512)("DMCA"), the written notice (the "DMCA Notice") must include (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Copyright Agent.Our designated Copyright Agent to receive DMCA Notices and Counter-Notices is Joseph Leak, who may be contacted by mail at 1003 Rio Grande St, Austin, Texas 78701; by email at[email protected], or by phone at (855) 612-0480.
Repeat Infringers.It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Resale of Forms Prohibited
By ordering or downloading forms and documents from our Website, you agree that such documents that you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of BetterLegal.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BetterLegal, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BetterLegal. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases, Refunds, and Other Terms and Conditions
All purchases through the Website are final and will not be refunded.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Website; (b) send e-mails or other communications with certain content, or links to certain content, on the Website; or (c) cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Website other than the homepage; (d) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BETTERLEGAL NOR ANY PERSON ASSOCIATED WITH BETTERLEGAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BETTERLEGAL NOR ANYONE ASSOCIATED WITH BETTERLEGAL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BETTERLEGAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Limitation on Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD BETTERLEGAL 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 YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF BETTERLEGAL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF BETTERLEGAL, IT WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR OUR 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. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Indemnification
You agree to defend, indemnify and hold harmless BetterLegal, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action or proceeding commenced by you and arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state or federal district courts located in Travis County, Texas. Notwithstanding the foregoing, we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in Travis County, Texas or in your county of residence (if in the United States) or any permissible venue (if outside the United States). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
(a) BetterLegal 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:
For the purposes of this Arbitration Agreement, references to "BetterLegal," "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 of Use 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 of Use, you and BetterLegal are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use 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 of Use.
(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 BetterLegal should be addressed to: Notice of Dispute, General Counsel, BetterLegal Solutions LLC, 1003 Rio Grande St, Austin, TX 78701 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If BetterLegal and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or BetterLegal may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by BetterLegal or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or BetterLegal is entitled.
You may download or copy a form to initiate arbitration from the American Arbitration Association ("the AAA") website at https://www.adr.org.
(c) After BetterLegal 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, BetterLegal 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 of Use, 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. The arbitrator is bound by these Terms of Use. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (d) are for the court to decide. Unless BetterLegal and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which BetterLegal was a party. Except as otherwise provided for herein, BetterLegal and you will initially pay equal shares of all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. However, the substantially prevailing party in any arbitration between us shall be entitled to receive from the other party its share of such AAA filing, administration, and arbitrator fees, and the substantially prevailing party shall also be entitled to an award of its reasonable attorneys fees incurred in the arbitration.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days after the arbitrator's ruling on the merits.
(d) 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 BETTERLEGAL 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 BetterLegal 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.
(e) 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.
(f) Notwithstanding any provision in these Terms of Use 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.
Waiver and Severability
No waiver by BetterLegal of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BetterLegal to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Right to Refuse
You acknowledge that BetterLegal reserves the right to refuse service to anyone and to cancel user access at any time.
Acknowledgement
BY USING BETTERLEGAL'S SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Entire Agreement
The Terms of Use and the other documents specifically incorporated herein constitute the sole and entire agreement between you and BetterLegal with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Neither you nor BetterLegal are relying on any representation not contained herein (or in the other documents specifically incorporated herein).
Contacting Us
If you need to contact us, please email us at[email protected], or send us a letter at: 1003 Rio Grande St, Austin, Texas 78701.
These terms of use are entered into by and between You and BetterLegal Solutions LLC (BetterLegal, "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use ofwww.betterlegal.com(Website), including any content, functionality and services offered on or through such website and its URL extensions, whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website.By using the Website, you accept and agree to be bound and abide by these Terms of Use and our privacy policy found athttp://www.betterlegal.com/privacy(the Privacy Policy), which is incorporated herein by reference.If you do not want to agree to or accept these Terms of Use or the Privacy Policy, you must not access or use the Website.
THE WEBSITE IS ONLY OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER AND FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS OF USE AND THE PRIVACY POLICY, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT MEET ALL OF THE FOREGOING REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these Terms of Use, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority or if you do not agree with these Terms of Use, you may not agree to these Terms of Use or use BetterLegals Website. If after your purchase of services on our Website we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in these Terms of Use and the order you placed, including without limitation, the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in theGoverning Law and Jurisdictionsection below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. We encourage and expect you to consult the Terms of Use each time you access a Website so you are aware of any changes, as they are binding on you.
We Are Not Your Attorney Always Seek Professional Legal Advice if Possible
Our Websites goal is to provide a general understanding of the law and to provide helpful, automated online software/methods for individuals who choose to form their own business entities or prepare their own legal documents. While we attempt to provide some basic information about the formation of business entities and other general legal topics, and while we review the information you provide us for typos, consistency, completeness, spelling, and similar clerical matters, we do not and cannot review your answers for legal sufficiency, apply the law to your particular situation, draw legal conclusions, provide legal advice, explanations, options, opinions, or recommendations about legal rights, remedies, business structure and operations, use of business and legal forms, or general business and legal strategies.
BETTERLEGAL IS NOT A LAW FIRM, NOR IS IT A SUBSTITUTION FOR A LAW FIRM OR AN ATTORNEY. OUR WEBSITE STRIVES TO FACILITATE THE PROCESS BY WHICH INDIVIDUALS SET UP THEIR OWN BUSINESSES AND PREPARE THEIR OWN DOCUMENTS, BUT WE DO NOT AND CANNOT PERFORM THE SERVICES PROVIDED BY LICENSED ATTORNEYS.
BetterLegal endeavors to provide comprehensive forms that can be used successfully by most new businesses. We attempt to keep our documents current and to adapt our documents in the event of any critical changes in applicable law, but the law and standard industry practices can change rapidly, and we make no guarantee that our documents are completely current. Moreover, BetterLegals form documents make assumptions about Your new business that may not be correct. While we believe that our forms are appropriate for most new businesses, they may not be ideal for your companys particular situation. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance for every person or their business.You should always review our forms before signing them and consult with an attorney should you have any questions or concerns.
Your use of the Website does not create an attorney-client relationship with BetterLegal Solutions, LLC, its members, managers, officers, employees, or other agents (even if such persons are licensed attorneys). The legal information contained on the Website 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.
Terms Applicable to Specific Services
The following terms govern your use of the BetterLegal services set forth below. The Terms of Use apply to such services, but in the event of any inconsistency between these Terms of Use generally and the specific terms set forth below in this Section entitled Terms Applicable to Specific Services, the terms set forth below shall prevail.
(a)Business Formation Service. If you are using BetterLegal to set up a new entity (LLC, corporation, etc.), BetterLegal will make the necessary filing to legally establish the existence of your entity in the state of your choosing. In order to do so, we will fill in the necessary forms with the information you have provided us. Accordingly, by making an order with BetterLegal you expressly represent to us that: (i) all of the information you have provided us is complete and accurate; (ii) you consent to BetterLegal utilizing such information to prepare and file the documents necessary to form your new entity on your behalf; (iii) you consent to BetterLegal representing to the applicable state governmental office that the information you have provided is accurate (under penalty of perjury); (iv) the information you have provided us about each person who you have listed as a manager, member, officer, director, shareholder, registered agent, or otherwise in connection with your business is accurate, and you have received the express consent of such person to provide us with such persons information and use such information in forming your new business; (v) you and the persons mentioned in the foregoing item (iv) consent to BetterLegal applying your electronic signature(s) to any documents/forms as is necessary to complete the business formation process and to represent to the applicable state governmental office that the applicable business formation filings are being made by you; and (vi) you have obtained a written consent from the person you have designated as your businesss registered agent, whereby such person agrees to serve in that capacity.
BetterLegal prides itself on rapid business-formation services. However, you acknowledge and agree that the turnaround times that we display on our Website are estimates only, and that BetterLegals actual turnaround times are directly impacted by the speed at which the applicable state government office is able to process the filings we submit. Accordingly, our estimated turnaround times are estimates only and are not guaranteed. In addition, any order that you submit to BetterLegal must be received by 3:00pm Central Standard Time in order to receive same-day filing treatment (and will otherwise be filed on the following business day).
You further understand and agree that the information that BetterLegal is required to provide to the applicable state government office in order to form your new entity is often public information. By utilizing BetterLegal for your business formation service, such information is not protected from public disclosure.
(b)EIN Service. If you are using BetterLegal to obtain an Employer Identification Number (also known as an EIN or Tax ID), BetterLegal will obtain your EIN through the Internal Revenue Service website designed for this purpose or, alternatively, through fax application to the IRS.
Accordingly, by making an order with BetterLegal you expressly represent to us that: (i) all of the information you have provided us is complete and accurate; (ii) you consent to BetterLegal utilizing such information (including your social security number) to apply for an EIN; (iii) you consent to BetterLegal representing to the Internal Revenue Service that the information you have provided is accurate (under penalty of perjury); and (iv) the information you have provided us about each person who you have listed as a manager, member, officer, director, shareholder, registered agent, or otherwise in connection with your business is accurate, and you have received the express consent of such person to provide us with such persons information and use it for the purpose of obtaining an EIN.
BetterLegal prides itself on rapid business-formation services. However, you acknowledge and agree that the turnaround times that we display on our Website are estimates only, and that BetterLegals actual turnaround times are directly impacted by the speed at which the applicable state government office is able to process the filings we submit. Accordingly, our estimated turnaround times are estimates only and are not guaranteed. In addition, any order that you submit to BetterLegal must be received by 3:00pm Central Standard Time in order to receive same-day filing treatment (and will otherwise be filed on the following business day).
(c)Document Forms. BetterLegal may on occasion provide you with optional legal document templates. Such documents are being provided to you as a courtesy only. BetterLegal does not guarantee that any form provided is suitable for a particular purpose, or that any form included or referenced is accurate, reliable, complete or timely. The forms provided are for information purposes only, and should not be relied upon as legal advice. BetterLegal is not a law firm and does not provide legal advice or representation. Any optional legal forms that are provided are not a substitute for the advice of an attorney.
(d)Compliance Service. If you have purchased BetterLegals Compliance Service, the following provisions apply to you:
i.Filing Fees. You are responsible for paying government fees.
ii.Responsibility to Provide Information and Payment. On each occasion when you have a compliance filing due, BetterLegal will request that you either update your information on our Website or respond to a questionnaire. You must provide BetterLegal with such information at least 15 business days before your filing due date. In addition, BetterLegal may request that you only provide us with any information about you or your company that has changed since the last time a compliance filing was made. In such event, if you simply fail to respond to such a request, BetterLegal may use your information on file with us to complete your compliance filing. BetterLegal may also request that you pay any applicable filing fees prior to the time we make your compliance filing, and you are responsible for providing such payment in advance. You specifically acknowledge that filing fees may apply to your compliance filings and authorize BetterLegal to charge such fees to your credit card on file without first seeking your approval.
iii.Compliance Alerts. We may reach out to you to remind you of an upcoming filing. We may also contact you about missed filings or changes to your entity's status with state-filing authorities. You are responsible for informing BetterLegal of changes to your contact information so that you receive these alerts.
iv.Eligibility. To qualify for our Compliance Service, you must either sign up at the time of your business formation order with us, or your entity must be in good standing with the state.
v.Exclusions. Local, industry-specific, licensing, and tax requirements (including but not limited to franchise tax filings, income tax filings, personal/business property tax filings, and sales tax filings) are not included as part of our Compliance Service.There may be a number of filings relating to these requirements, which BetterLegal will not file for you, and you should make sure you educate yourself on these requirements or speak to a qualified CPA or licensed attorney.
vi.Guarantee. BetterLegal guarantees that if we miss a deadline for a filing included as part of our Compliance Service, we will pay the penalty. However, if the filing cannot be completed because of your inaction or error, or because you did not pay the filing fee, this guarantee will not apply. If your entity is not in good standing with the state before the filing deadline, this guarantee will not apply. This guarantee does not apply to any of the excluded items set forth in subsection v. above, and does not apply to the filing of your federal and state business income tax returns by independent tax professionals.
(e)Permit and License Service. Our Permit and License Search service is provided by incorporate.com, a CSC company. You agree that the provision of these services are accordingly subject to the terms and conditions established by incorporate.com and found athttps://www.incorporate.com/legal/.
(f)Third-Party Providers. In some cases, BetterLegal works with partners and affiliates whose websites are linked with BetterLegal and controlled by parties other than BetterLegal (each a Third-Party Site). BetterLegal is not responsible for and does not endorse the availability, contents, products, services, or use of any Third-Party Site, any website accessed from a Third-Party Site, or any changes to those sites. BetterLegal does not guarantee the content or quality of the products or services provided by Third-Party Sites. If you have purchased a service through BetterLegal that includes a Third-Party Service, the third party may contact you by email or phone with instructions on how to access your benefits, and you may be required to accept additional terms that are located on the Third-Party Site.
(g)Subscription Payments. If you purchase a subscription-based product, including but not limited to our Compliance Service (a Subscription), these payment terms (Subscription Terms) shall apply. However, payment terms relating to our Registered Agent Service are governed by the section below entitledTerms Applicable to Registered Agent Service.
i.Fees. You must pay all charges to your account relating to that Subscription, including applicable taxes and fees for the use of additional features not included as part of your Subscription. You will be charged in accordance with the billing terms in effect at the time of your initial purchase. If you purchase a Subscription that is charged in full on purchase, in each renewal period for that Subscription, you must pay the total cost of the next subscription period by the first day of that period. For each Subscription, your charge remains for each subscription period no matter if you access the services or Site during any subscription term. In other words, EVEN IF YOU DO NOT USE THE SUBSCRIPTION, YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. For more information about canceling your Subscription, see theTermination and Cancellationsection below.
ii.Billing. You must provide valid credit card information at the time of purchase to allow payment for the initial term of a Subscription. Subscriptions renew automatically, and your Subscription will renew at the end of the initial subscription term (the Billing Date) and at the end of each successive term, until you notify us that you want to terminate your Subscription under these Subscription Terms or your Subscription is otherwise terminated. If you do not notify us, your credit card will automatically be charged for the renewal term of your Subscription on your Billing Date. BetterLegal may adjust your Billing Date in subsequent renewal periods without notice. Unless BetterLegal otherwise notifies you in advance under these Subscription Terms, the renewal charge will be equal to the original purchase price for the Subscription. BetterLegal may obtain automatic updates for any expiring credit cards you have provided. You must pay BetterLegal the fees associated with your Subscription. Additional discounts may be available for members purchasing multiple months up front or as part of certain promotions.
iii.Fee Adjustments. BetterLegal may increase Subscription fees by notifying you of new fees at least 30 days before the beginning of a renewal term. The new fees will be effective on the first day of the renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new fees for the renewal term and subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term).
(h)NO GUARANTEE. LAWS, REGULATIONS, AND ADMINISTRATIVE REQUIREMENTS CHANGE OFTEN, AND THEIR APPLICATION AND IMPACT VARY FROM COMPANY TO COMPANY AND INDUSTRY TO INDUSTRY. FORMS, EMAILS AND SMS TEXT MESSAGE COMMUNICATIONS ARE NOT INTENDED TO PROVIDE OR SUBSTITUTE FOR ACCOUNTING, LEGAL, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES. THEY ARE OFFERED FOR INFORMATION PURPOSES ONLY.SERVICES. THEY ARE OFFERED FOR INFORMATION PURPOSES ONLY. COMPLIANCE WITH ALL LAWS AND REGULATIONS REMAINS YOUR SOLE AND ABSOLUTE RESPONSIBILITY SERVICES. THEY ARE OFFERED FOR INFORMATION PURPOSES ONLY.. BEFORE TAKING ANY BUSINESS OR LEGAL ACTION BASED ON INFORMATION FROM THE SITE, THE LIBRARY OR ANY EMAIL OR SMS TEXT MESSAGE 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. WITH THE EXCEPTION OF THE COMPLIANCE SERVICE FILING GUARANTEE, NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN REGARDING THE LEGAL OR OTHER CONSEQUENCES RESULTING FROM THE USE OF ANY PRODUCT/SERVICE.
Terms Applicable to Registered Agent Service
The following terms (the RA Terms) govern your use of BetterLegals registered agent services. The Terms of Use apply generally to such services, but in the event of any inconsistency between these Terms of Use generally and the specific terms set forth below in this Section entitled Terms Applicable to Registered Agent Services, the terms set forth below shall prevail.
1. Description of Registered Agent Services. You are purchasing Registered Agent Services (RA Services) for a specific company. BetterLegal agrees to serve as the Registered Agent for the company specified in your order during the period of time (RA Service Term) purchased, or to arrange for a third-party provider to serve as your registered agent.
a. Service Provider. You acknowledge and agree that BetterLegal does or may work with third-party providers and sub-providers (each, a BetterLegal Registered Agent or "Registered Agent") of our choice to provide some or all of the Registered Agent Services. You acknowledge and agree that any such Registered Agent may provide Registered Agent Services to you.
b. Service of Process. You authorize your Registered Agent to receive service of process, including any notices of legal proceedings, other legal notices, or official government communication, and any items covered by the respective statute, rule, or regulation governing the state in which you have selected for RA Services (collectively, "Legal Mail"), on your behalf. You further authorize your Registered Agent to scan and upload the Legal Mail received on your behalf into your account and to email you any Legal Mail at your email address provided to BetterLegal.
c. Not a Mailing Address. Except as otherwise specified in this Agreement, your Registered Agent's services are limited to the receipt and forwarding of Legal Mail, and do not include the provision of a business or mailing address independent of such statute, rule, regulation, or contract. Your Registered Agent has no obligation to forward any items received pursuant to any unauthorized use of your Registered Agent's address (the "Registered Address") and neither your Registered Agent nor BetterLegal assumes 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. Your Registered Agent may seek reimbursement from you for any and all costs incurred in connection with the unauthorized use of the Registered Address. Your Registered Address is for the primary purpose of fulfilling state requirements 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.
d. Representation of Registered Address. 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 in or on business cards, brochures, websites, or emails.
e. Misdirected Mail. You acknowledge that your Registered Agent delivers Legal Mail to users; it does not warrant that Legal Mail will never be misdelivered. You acknowledge that in such cases neither BetterLegal nor your Registered Agent is liable to the intended recipient. Your Registered Agent will make its best efforts to notify both the intended recipient and the unintended recipient promptly on discovery of the error and seek prompt retrieval of the item from the unintended recipient.
f. Customer-Returned Mail. If you refuse or fail to accept Legal Mail forwarded to you from your Registered Agent pursuant to this Agreement, you will bear any costs of return shipping and re-induction of the Legal Mail. At the request of BetterLegal or your Registered Agent, you must sign for or otherwise acknowledge your acceptance of all Legal Mail sent to you by your Registered Agent.
g. Customer Responsibility to Provide Accurate and Updated Information. It is your responsibility to contact BetterLegal with changes to your contact information and business status (such as dissolved or inactive) within 30 days of the change. Failure to do so may result in the termination of your services. You acknowledge that neither BetterLegal nor your Registered Agent is liable to you for damages resulting from your failure to update or provide accurate information to BetterLegal.
2. General Practices Regarding Use and Storage.You acknowledge that BetterLegal may establish general practices and limits concerning use of the Registered Agent Services. You agree that BetterLegal has no responsibility or liability for the deletion or failure to store any Legal Mail, messages, communications, or other content received or transmitted. BetterLegal may subcontract any RA Services or any work, obligations, or other performance required under RA Services without your consent. Unless explicitly stated otherwise, any new features that augment or enhance the current RA Service are subject to these RA Terms of Service.
3. Updates to Terms.You acknowledge that BetterLegal reserves the right to change these RA Terms of Service at any time (Updated Terms), in its sole discretion, with or without notice. You agree that that your use of the RA Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the RA Services from that point forward. These RA Terms of Service will govern any disputes arising before the date of the Updated Terms. If you do not agree with an update, you may terminate your RA Services. To do so, see the Resignation Due to Termination paragraph below.
4. Your Information.You, not BetterLegal, have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and copyright of your information, and BetterLegal is not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any such information. BetterLegal reserves the right to withhold, remove, and/or discard your information without notice for any breach, including, without limitation, your non-payment. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of the RA Services or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
5. Payment.
a. Fees. You must pay all fees, including filing fees, related to your account in accordance with the terms at the time of your purchase, even if you do not receive registered agent mail, until you cancel your RA Service or it is otherwise terminated and your obligations under Paragraph 7c(ii) are fulfilled. BetterLegal may increase its fees for RA Services effective the first day of a RA Service Term by giving you notice of the new fees at least thirty (30) days before the beginning of the RA Service Term. If you do not cancel your RA Service and fulfill your obligations under Paragraph 8c(ii), you will be deemed to have accepted the new fee 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 refund for the then-current term.
b. Billing. You must provide valid credit card information at the time of purchase to allow payment for the initial RA Service Term (the Initial Term). Payment for the Initial Term is due as directed in your purchase. Your RA Service will renew automatically at the end of the Initial Term and at the end of each successive renewal term (each a Billing Date), until you notify us that you want to terminate your RA Service under this Agreement or your RA Service is otherwise terminated. If you do not notify us, your credit card will automatically be charged for the renewal term of your RA Service on your Billing Date. BetterLegal may adjust your Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to your account on a prorated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless BetterLegal otherwise notifies you in advance under this Agreement, the renewal charge will be equal to the original purchase price paid for the RA Service. If a charge made to your account is declined, BetterLegal may make multiple attempts to bill that card. BetterLegal may obtain automatic updates for any expiring credit cards you have provided.
c. Cancellation of Automatic Renewal. Cancellation of your automatic renewal terminates your RA Service. To cancel the automatic renewal of your RA Service, you must notify BetterLegal of your intent to cancel by calling our Customer Service Line at (855) 612-0480, emailing us at[email protected], or by cancelling online through your account portal. BetterLegal agrees that when it receives notice of this cancellation, no further charges will be billed to your credit card automatically, subject to Your Obligations on Termination or Cancellation, Section 7, below.
6. Changes to Service. BetterLegal may change the offering of Registered Agent Services, including the functionality, content, or availability of any features of the services, at any time in its sole discretion. We may also impose limits on features and services or restrict your access to all or part of the service. However, you have the right to cancel your membership should we materially decrease benefits. If we add new features to the service, including adding third-party services, the new features will be subject to these RA Terms.
7. Termination or Cancellation.
a. By BetterLegal. BetterLegal may terminate your RA Service and resign, with proper notice if required by state law, as your registered agent. Reasons for termination may include: 1) your failure to provide accurate, complete, and current information as requested or required by BetterLegal or your Registered Agent, 2) the inability to locate you after reasonable and diligent efforts are made, 3) your failure to pay, 4) suspected illegal activity, or 5) any other lawful reason. As your sole remedy, BetterLegal will refund you any prepaid fees specifically related to the current RA Service Term.
b. By Customer. You may cancel your RA Service by calling our Customer Service Line at (855) 612-0480, emailing us at[email protected], or by cancelling online through your account portal. After you have cancelled, your RA Service will remain active until you have fulfilled your obligations pursuant to Paragraph 7c(ii) below.
c. Your Obligations on Termination or Cancellation. After termination by BetterLegal or termination or cancellation by Customer and at the end of the then-applicable Term, you agree that:
i. You are responsible for all expenses incurred by your use of the RA Services after termination or cancellation including, but not limited to, shipping charges incurred to forward Legal Mail received on your behalf.
ii. You must assign another registered agent in that jurisdiction or act as your own registered agent, where lawful, and must pay all fees related to changing your agent (including appointment and/or registration fees). In addition, you must notify BetterLegal that you have properly changed registered agents by the next Billing Date and provide BetterLegal with satisfactory written proof that BetterLegal or its Registered Agent is no longer listed as your registered agent. You can notify BetterLegal by phone, email, or through your online account portal. If you no longer wish to use the Registered Agent Services because you are discontinuing your business operations (voluntarily or otherwise), you must provide BetterLegal with satisfactory written proof that your entity has been voluntarily dissolved with the state filing office, or that its status with the state filing office (or other government agency) is inactive (e.g., revoked, suspended, forfeited, cancelled, noncompliant, delinquent, or administratively dissolved) by the next billing date. You can notify BetterLegal by phone, by email, or through your online account portal. If you cancel RA Services because your entity has been voluntarily dissolved or its status is inactive, your BetterLegal Registered Agent, in its sole discretion and in accordance with state filing offices requirements, may resign as your entitys registered agent. However, the BetterLegal Registered Agent may continue to be listed as your entitys registered agent if your state filing office does not accept resignation filings or other amendment filings for voluntarily dissolved or inactive entities. If you fail to provide BetterLegal with satisfactory written proof of your change of the BetterLegal Registered Agent as your registered agent or of your discontinuation of business operations, you will continue to incur charges for BetterLegal Registered Agent Services until such proof is provided.
iii. After termination, any Legal Mail that your Registered Agent receives on your behalf 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 Legal Mail received after your subscription has been terminated and specifically agree that your Registered Agent has no obligation to forward or re-mail Legal Mail to you except as expressly stated in this Agreement. You agree to hold BetterLegal, your Registered Agent and the affiliates of each harmless from any claim to the contrary.
iv. You acknowledge that you have sole responsibility for notifying senders (including all government agencies) of your new registered agent address.
8. Indemnification.You agree to protect, defend, indemnify, and hold BetterLegal harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages, and expenses (including attorneys' 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: (a) these RA Terms; (b) the RA services provided to you; (c) your use of the RA Services, including without limitation any copyright infringement claims that could arise from your Registered Agent scanning Legal Mail or other documents; (d) the failure of any third party, USPS, or any commercial delivery or courier service, to provide delivery or courier services accurately and on time; (e) loss, damage, or destruction of your Legal Mail by any cause whatsoever whether or not attributable to our negligence or intentional act; (f) any violation by you of any federal, state, or local laws, statutes, rules, or regulations; and (g) BetterLegal or its agents being named as defendant in an action based on your alleged or actual conduct. For purposes of these Terms of Use, the indemnified parties shall include BetterLegal and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys, and employees.
9. Limitation of Liability.
YOU AGREE AND ACKNOWLEDGE THAT NEITHER BETTERLEGAL 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 BETTERLEGAL 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 BETTERLEGAL NOR YOUR REGISTERED AGENT HAS ANY RESPONSIBILITY OR OBLIGATION TO INSURE ANY LEGAL MAIL OR SHIPMENTS SENT TO YOU.
NEITHER BETTERLEGAL 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 LEGAL 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 THESE RA TERMS SHALL NOT EXCEED THE AMOUNT PAID FOR THE REGISTERED AGENT SERVICE WITHOUT REGARD TO THE NATURE OF THE CLAIM, LOSS, OR DAMAGE INCURRED, EXCEPT AS PROVIDED IN THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION OF THE TERMS OF USE. NEITHER BETTERLEGAL 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 THESE RA TERMS OR THE PROVISION OF ANY SERVICES PURSUANT TO THESE RA TERMS.
Terms Specific to BetterLegal Partners
Subscribers of the BetterLegal Partner Service (Partner Subscribers) agree that these Terms of Use (including all limitations on BetterLegals obligations and liability) shall apply with equal effect to each entity formed by such Partner Subscriber through the BetterLegal Partner Service, as well as to any other services ordered through BetterLegal, including but not limited to Registered Agent Service, Compliance Service, and Permit and License Service. Each Partner Subscriber expressly agrees and acknowledges that BetterLegals agreement and duties (if any, and as limited by these Terms of Use) related to any entity formed/maintained through the BetterLegal Partner Service are with and owed only to the Partner Subscriber (and not any third party for whom such subscriber obtains services through the BetterLegal Partner Service; such third parties are not intended third party beneficiaries of these Terms of Use).
To the extent BetterLegal collects payment from a Partner Subscribers client/customer, and any portion of such payment is owed to the Partner Subscriber, BetterLegal may make payment of such amount by check or wire transfer, and may offset such payment by any amounts owed to BetterLegal.
BetterLegal reserves the right to terminate a Partner Subscribers subscription at any time, for any reason or no reason, provided that termination of the subscription services (such as Registered Agent Service and Compliance Service) associated with any entity formed by a Partner Subscriber may only be terminated in accordance with the above sections of these Terms of Use that govern such termination. Subject to the foregoing, a Partner Subscribers sole remedy in the event of such termination by BetterLegal shall be to receive a refund of any prepaid subscription fees and to receive any payments collected by BetterLegal from the Partner Subscribers clients/customers that are owed to the Partner Subscriber at the time of termination.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for (a) making all arrangements necessary for you to have access to the Website and (b) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details and other information that we will need in order to provide our services to you. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by BetterLegal, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Violation of this Section is strictly prohibited without the express, written permission of BetterLegal. For information on requesting such permission, contact us at[email protected].
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not sell, license, rent, copy, reproduce, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, republish, adapt, edit, download, store or transmit any of the material on our Website, with the following exceptions: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; (3) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; (4) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and (5) if we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not (1) modify copies of any materials from the Website; (2) use any illustrations, photographs, video or audio sequences or any graphics from the Website separately from the accompanying text; (3) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by BetterLegal. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The BetterLegal name and all related names, logos, product and service names, designs and slogans contained on the Website are trademarks of BetterLegal or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners. BetterLegal is not affiliated with Alex & Saavedra P.C. or their trademark, Legal. Better.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website (a) in any way that violates any applicable federal, state, local or international law or regulation; (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use; (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (e) to impersonate or attempt to impersonate BetterLegal, a BetterLegal employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (f) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm BetterLegal or users of the Website or expose them to liability.
Additionally, you agree not to (1) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; (2) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) use any device, software or routine that interferes with the proper working of the Website; (5) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the Website.
Copyright Infringement
Reporting Copyright Infringement.We take claims of copyright infringement seriously. We will respond to notices of alleged copyrightinfringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. 512)("DMCA"), the written notice (the "DMCA Notice") must include (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Copyright Agent.Our designated Copyright Agent to receive DMCA Notices and Counter-Notices is Joseph Leak, who may be contacted by mail at 1003 Rio Grande St, Austin, Texas 78701; by email at[email protected], or by phone at (855) 612-0480.
Repeat Infringers.It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Resale of Forms Prohibited
By ordering or downloading forms and documents from our Website, you agree that such documents that you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of BetterLegal.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BetterLegal, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BetterLegal. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases, Refunds, and Other Terms and Conditions
All purchases through the Website are final and will not be refunded.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Website; (b) send e-mails or other communications with certain content, or links to certain content, on the Website; or (c) cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Website other than the homepage; (d) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BETTERLEGAL NOR ANY PERSON ASSOCIATED WITH BETTERLEGAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BETTERLEGAL NOR ANYONE ASSOCIATED WITH BETTERLEGAL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BETTERLEGAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Limitation on Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD BETTERLEGAL 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 YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF BETTERLEGAL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF BETTERLEGAL, IT WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR OUR 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. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Indemnification
You agree to defend, indemnify and hold harmless BetterLegal, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action or proceeding commenced by you and arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state or federal district courts located in Travis County, Texas. Notwithstanding the foregoing, we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in Travis County, Texas or in your county of residence (if in the United States) or any permissible venue (if outside the United States). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
(a) BetterLegal 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 of Use.
For the purposes of this Arbitration Agreement, references to "BetterLegal," "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 of Use 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 of Use, you and BetterLegal are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use 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 of Use.
(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 BetterLegal should be addressed to: Notice of Dispute, General Counsel, BetterLegal Solutions LLC, 1003 Rio Grande St, Austin, TX 78701 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If BetterLegal and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or BetterLegal may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by BetterLegal or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or BetterLegal is entitled.
You may download or copy a form to initiate arbitration from the American Arbitration Association ("the AAA") website at https://www.adr.org.
(c) After BetterLegal 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, BetterLegal 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 of Use, 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. The arbitrator is bound by these Terms of Use. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (d) are for the court to decide. Unless BetterLegal and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which BetterLegal was a party. Except as otherwise provided for herein, BetterLegal and you will initially pay equal shares of all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. However, the substantially prevailing party in any arbitration between us shall be entitled to receive from the other party its share of such AAA filing, administration, and arbitrator fees, and the substantially prevailing party shall also be entitled to an award of its reasonable attorneys fees incurred in the arbitration.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days after the arbitrator's ruling on the merits.
(d) 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 BETTERLEGAL 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 BetterLegal 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.
(e) 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.
(f) Notwithstanding any provision in these Terms of Use 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.
Waiver and Severability
No waiver by BetterLegal of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BetterLegal to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Right to Refuse
You acknowledge that BetterLegal reserves the right to refuse service to anyone and to cancel user access at any time.
Acknowledgement
BY USING BETTERLEGAL'S SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Entire Agreement
The Terms of Use and the other documents specifically incorporated herein constitute the sole and entire agreement between you and BetterLegal with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Neither you nor BetterLegal are relying on any representation not contained herein (or in the other documents specifically incorporated herein).
Contacting Us
If you need to contact us, please email us at[email protected], or send us a letter at: 1003 Rio Grande St, Austin, Texas 78701.
Important Disclaimer:BetterLegal is not a law firm, nor is it a substitution for a law firm or an attorney. BetterLegal strives to facilitate the process by which individuals set up their businesses, but we do not and cannot provide legal advice, explanations, options, opinions, or recommendations about legal rights, remedies, business structure and operations, use of business and legal forms, or general business and legal strategies. While your communications with us are protected by ourPrivacy Policy, they are not protected by the attorney-client privilege. Your access to and use of this website is subject to ourTerms of Use.
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