TERMS AND CONDITIONS OF SERVICE OF DRAFT MY LEGAL DOCS, LLC (“the Agreement”)
The Agreement was last updated on September 21, 2021.
- Thank you for engaging our legal drafting, preparation, and filing services (“Services”) on Draft My Legal Docs, LLC (“the Company”), accessible online at ‘[www.draftmylegaldocs.com]’ (“the Website”), owned and operated by Draft My Legal Docs, LLC located at [3101 N. Central Avenue, Ste. 1450, Phoenix, Arizona 85012] (“Corporate Headquarters”).
- By engaging our services and/or clicking to accept this Agreement or using or accessing any of the Company’s information and/or services, you agree to all the terms and conditions of the Agreement.
- If you are using or ordering the Company’s service(s), related service(s), and/or purchasing a service on behalf of a company or other entity, then “Customer”, “User”, or “you” means that company/entity, and you are binding that company/entity to the You represent and warrant that you have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, the Agreement is entered into by an employee or agent with all necessary authority to bind that entity to the Agreement.
- The terms and conditions of the Agreement (together with any other terms and conditions agreed in writing between the Company and the Client from time to time constitute the entire agreement between the parties and supersede any previous agreement(s) or understanding(s) and may not be varied except with notice from the Company).
- No failure or delay by the Company in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by the Company of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If you desire not to be bound by the terms presented in the Agreement, you are not granted authority to use or access the Website or the Company’s services.
DEFINITION AND INTERPRETATION
- The following words used herein have the following definitions and meanings:
- ‘Authorized Users’ refers to the Client’s employees, agents, contractor, third parties, staff, or any entity that is duly authorized to act on behalf of the Client.
- ‘Client’ refers to you as the receiver of the legal Services and will also include inter alia, to your employees, agents, contractor, third parties, staff, or any entity that is duly authorized to act on behalf of you.
- ‘Parties’ collectively refers to ‘the Company’ and its employees, agents, contractor, third parties, staff, or any entity that is duly authorized to act on behalf of the Company for the carrying out of the Services as the Service Provider and ‘You’ as the Client and its authorized agents, contractors, employees, or any entity duly authorized for and on behalf of you.
- ‘Services’ refers to the legal drafting, preparation, and filing services as well as any legal form to be provided by the Company from time to time as displayed on the Website (as the case may be) (subject to change).
- ‘Service Provider’ refers to the Company and/or its employees, agent, contractor, third parties, staff, or any entity that is duly authorized to act on behalf of the Company for the carrying out of the Services.
- ‘We, Us or Our’ refers to the Company and its employees, agents, contractor, third parties, staff, or any entity that is duly authorized to act on behalf of the Company for the carrying out of the Services.
- ‘You or your’ refers to the Client.
- General terms of the Services
- The Company shall provide the Services to the Client subject to the terms and conditions contained herein or any other reference to documents referred to by the Company to the Client or such other terms and conditions as may be agreed in writing between the Company and the Client.
- The Company shall provide to the Client all Services as specified on the Company’s website.
LEGAL ADVICE AND INFORMATION
- Draft My Legal Docs, LLC. is not a law firm and does not provide legal advice and/or representation in court. While Draft My Legal Docs, LLC. employs the use of licensed attorneys for its legal document drafting services, this does not create a solicitor-client relationship between you and Draft My Legal Docs, LLC. Furthermore, Draft My Legal Docs, LLC. may charge for consultations with a licensed attorney in your jurisdiction. However, any legal advice provided by that attorney is deemed to be independent legal advice provided solely by a third-party attorney authorized to give the legal advice and not Draft My Legal Docs, LLC.
- The information listed on the Website, forms, drafted legal documents is not a substitute for a qualified attorney.
- No Guarantees
- The Company does not warrant and/or represent that the use of the Company’s legal documents, forms, drafting services, filing services, or information on the Website will guarantee any result in your legal matter and/or case.
- Any reference on the Website referring to “Satisfaction Guaranteed” with the Company’s and User’s drafted legal document(s) shall only be construed to mean that the Company will provide unlimited revisions until the customer is satisfied with the legal document that has been purchased. At any point, the Company may issue a refund to the User to end the contractual obligation between the User and the Company. However, the Company cannot refund any amounts paid to third parties.
- Most of the legal documents drafted through the Company can be completed within 72-hours of completion of the Website questionnaire and furnishing of any requested supporting documentation to the Company (weekends and holidays excluded). However, the Company does not warrant that every document can be completed within 72-hours depending on the complexity of the legal document/pleading and the facts involved in your case. Therefore, the Company shall have the absolute right to timely notify the User that the requested legal document will take more than 72-hours to complete. This shall not be construed as a breach of the Company’s duties and responsibilities to the User.
- All-Inclusive Pricing Option
- May not be available on all legal documents.
- Will include Company’s fees for managing all extra services in addition to the drafting of Client’s legal document(s).
- May include third-party fees including but not limited to: court filing fees, e-filing fees, courier service fees, process server fees, skip tracing fees, background search fees, publication fees, recording fees, notary fees, etc.
- Process Server may not be available in all counties.
- Process Server will include three (3) attempts at service. Additional attempts at service will be at extra cost to Client.
- Rush process service may be available at additional cost to Client.
- There are no guarantees that the opposing party or parties to be served, will be served, or will be served within a specific time frame.
- There are no guarantees that skip tracing or background search will produce desired results.
- Responsibilities, Obligations, and Due Diligence
- Company will provide the Client with the Services purchased by the Client.
- If the Company is unable to provide the Services within a reasonable period from the dates(s) and time(s) and the Company have agreed or notified the Client, then the Client will have the rights subject to the terms and conditions contained herein to exercise the Client’s option to wait until the Company is available to start performing the Services.
- If the Company has begun performance of the Services and the Client has in the course of exercising your right of termination of the Agreement pursuant to the provision contained herein, the Client will be liable to pay for any Services incurred by the Company up to the date of termination of the Agreement.
- Without limitation to any of the rights contained herein and contractual remedies, the Company reserves the right to claim for any loses and damages incurred as a result of the termination.
- The Client shall not request the Company to perform Services which are immoral or unlawful in nature. The decision will be at the absolute discretion of the Company.
- The Client shall endeavor to provide the Company with as much detailed information as possible regarding the Services under request in order for the Company to provide excellent services.
- The Client shall not request the Company to perform Services to, from and for people or places where the Company’s staff, employees, agents, and any other duly authorized entities of the Company may experience any form of abuse, bodily harm, or death.
- The Client agrees not to use Draft My Legal Docs, LLC. Information, materials, and/or services for any purpose which is against the law in your jurisdiction.
- The Client agrees that the legal forms and/or attorney drafted legal documents provided by the Company may not be sold or redistributed.
- The Company offers various pricing as displayed on the Website (the “Charge”)
- The Company requires payment for Services to be made prior to the performance of the Service.
- The Company shall be entitled to vary the Charge from time to time and shall communicate any such changes to the Client before any payment is made.
- The Company shall be entitled to invoice the Client for any incidental costs incurred during the facilitation of the Client’s request, including costs from unexpected court costs and third-party fees.
- To the maximum extent provided by law, you agree not to publish, copy, lend, license, redistribute, give away, look at source code, modify source code, or utilize the information and/or services of the company for anything other than its intended purpose.
- You agree to use the Website and Services as a customer.
- Rights granted by the Company are to you solely as the user.
- The Company reserves the right to grant or deny any use or license of the Company. Furthermore, any use or license granted is limited, personal, and non-transferrable to use our forms and drafted legal documents for you as the client or if you are an authorized agent of a Company or Entity, your Company or Entity.
- Termination and Refunds
- After the Parties have entered into the Agreement, refunds may only be requested in writing to email@example.com, subject to the final discretion of the Company when performance by the Company has not begun. There are no refunds once services have begun.
- Any refunds made by the Company will be with reduction of the direct costs including any handling costs made at the time of the requested refund.
- On termination for any reason whatsoever, the Client shall immediately make payment to the Company of all and any sums outstanding and owed to the Company.
- In the event that a deposit is paid or payment plan is agreed to by the Client, at the sole discretion of the Company, the deposit or amounts paid will be retained by the Company and for the necessary deduction of the Company losses and costs without prejudice to its rights to further claim damages against you. Any amounts not depleted or expended from the deposit shall be refunded with seven (7) business days.
- The Client acknowledges that a breach by him or her obligations hereunder will cause harm to the Company, by vitiating the intent and purpose of the transaction contemplated hereby.
- Accordingly, the Client acknowledges that the remedy at law for a breach of its obligations herein will be inadequate and agrees, in the event of a breach or threatened breach by the Client of the provisions herein, the Company shall be entitled, in addition to all available remedies at law or in equity the claim for loss and damages and such claim shall be based on the contractual price of the services notwithstanding any discount applied.
- In the event that the Client breaches this Agreement, it will have forfeited its benefit of the discount provided by the Company (as the case may be) and the Company shall claim in full the original contractual price for the respective services provided or to be provided to the Client.
LIABILITY, EXCLUSION AND LIMITATIONS
- The Company warrants to the Client that it shall use all due diligence to provide the Services using reasonable care and skill and as far as reasonably possible, in accordance with the Client’s order.
- The Company shall not be liable for any loss, cost, expense, or damage of any nature whatsoever (whether direct or indirect) resulting from the use of Services except where it is expressly determined that a person acting under the direct instruction of the Company has knowingly acted in a negligent manner.
- The Company shall have no liability to the Client for any loss, damage, costs, expense, or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect, inaccurate, or any other fault of the Client.
- The Company shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure, any of the Company’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company’s reasonable control.
- Subject to the provisions of the terms and conditions contained herein, the maximum liability of the Company to the Client for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has at such time been paid by the Client in full).
DISCLOSURE OF INFORMATION
- Unless the Company receives notice from the Client to the contrary, the Company shall from time to time provide to the Client (by post in client user portal, telephone, or email) such information in relation to the Services that the Company considers may be of interest to the Client.
- The Company may update or modify this Agreement from time to time. If the Company modifies the Agreement during the Services, the modified version will take effect upon the next Service.
- Client may be required to check the update version from time to time after the modified version takes effect, in any event the continued use of the Services shall constitute acceptance of the modified version.
- If any provision of this Agreement is found by any Court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
- Nothing in the Agreement prevents the Company from disclosing Client information and data to the extent required by law, subpoenas, or court orders, but the Company will use commercially reasonable efforts to notify Client when permitted to do so.
- The Agreement cannot be assigned.
- Any person under the age of 18 (“minors”) is not authorized to use the Website, its applications, or the Company’s services.
COPYRIGHTS AND TRADEMARKS
- All site designs, text, graphics, logos, images, product names, source code, and company names are property of their respective owners and/or the Company.
- The Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral communications, proposals, and representations with respect to the Company or any other subject matter covered by this Agreement.
GOVERNING LAW, JURISDICTION AND VENUE
- This Agreement is governed by the laws of Arizona without regard to choice or conflict of law rules thereof.
- In the unlikely event that the Client and the Company are unable to resolve a dispute directly, Client herby agrees that the dispute shall be resolved through binding arbitration.
- A request for arbitration shall be made in writing. Upon receipt of said request, the Company will have ninety (90) days to choose an independent and impartial arbitrator. The arbitration will be held in Phoenix, Arizona.
- All costs associated with the binding arbitration including but not limited to: costs associated with confirming or vacating an arbitration award and reasonable attorney’s fees and costs shall be paid in-full by the unsuccessful party which shall be determined by the arbitrator.
CLASS ACTION WAIVER
- You will not seek to have any dispute with the Company resolved through any class action suit or private lawsuit through an attorney. You agree that all disputes shall be resolved through the user and Company directly or through binding arbitration.
- The Company welcomes your questions or comments regarding the foregoing Terms.
Effective as of September 21, 2021.