Terms and Conditions of Use
Please Read Carefully.
Updated: October 26, 2011
FindLegalForms.com, FormsTool.com and the FLF Signature Service are services provided by FindLegalForms, Inc. ("FLF"). By using the FindLegalForms.com or FormsTool.com sites and any of our features, services or products (including the FLF Signature Service) you agree to all our terms and conditions that you will find below (the "Agreement"). If you do not agree with any of these terms, please stop your use of the websites and any of our features, services or products immediately.
For the purposes of this Agreement: i) the "Websites" shall mean findlegalforms.com or formstool.com; ii) "Products" shall collectively mean all forms, commentaries, information and/or instructions found on the Websites or otherwise provided by FLF; iii) "Subscription Services" shall mean registered access to FLF's subscription program whereby users pay a monthly fee to access, download and store Products; iv) .the FLF Signature Service. shall mean registered access to FLF.s electronic signature service; and v) "Services" shall mean collectively the Subscription Services, the FLF Signature Service and other new or existing services offered by FLF on the Websites.
No Attorney-Client or Solicitor-Client Relationship
FLF is not a law firm. FLF and its Products and Services do not provide nor are a substitute for legal advice. Only an attorney can provide legal advice. No Attorney-Client or Solicitor-Client relationship is created by use of these Websites, their Products or Services, with these Websites, their owners, agents, representatives, providers, partners or affiliates.
Nature of Products / Limitation of Liability
ALL PRODUCTS (AS DEFINED ABOVE) AND SERVICES (AS DEFINED ABOVE) ARE PROVIDED .AS-IS.. WE DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE PRODUCTS OR SERVICES FOR YOUR PARTICULAR NEEDS. ANY STATEMENTS MADE BY FLF ABOUT THE VALIDITY OF THE PRODUCTS OR THE VALIDITY OF SIGNATURES ELECTRONICALLY EXECUTED USING THE FLF SIGNATURE SERVICE ARE GENERAL IN NATURE AND ARE NOT INTENDED, AND SHOULD NOT BE CONSTRUED, AS LEGAL ADVICE. THE PRODUCTS AND SERVICES ARE USED AT YOUR OWN RISK. IN NO EVENT WILL: I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS PRODUCTS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE PRODUCTS OR THE USE OF THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE PRODUCTS AND SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR LEGAL ADVICE AND THEY SHOULD ONLY BE A STARTING POINT FOR YOU. FLF HEREBY DISCLAIMS ANY RESPONSIBILITY FOR ENSURING THAT I) THE PRODUCTS OR II) AGREEMENTS ELECTRONICALLY EXECUTED THROUGH THE CERTAINTY SIGANTURES, ARE VALID OR ENFORCEABLE UNDER THE LAWS OF ANY PARTICULAR STATE OR OTHER JURISDICTION. AN ATTORNEY (OR SOLICITOR) SHOULD BE CONSULTED FOR ALL SERIOUS LEGAL MATTERS. PRODUCTS MAY REQUIRE MODIFICATION TO SUIT YOUR PARTICULAR NEEDS AND YOUR STATE, PROVINCIAL OR TERRITORIAL LAW REQUIREMENTS.
To the extent that the Websites and the Products and Services provided by and through the sites contain tax advice, such advice is not intended to be used, and may not be used for the purposes of avoiding federal tax penalties.
Use / Copyright
The Products are for private use only (or for use on behalf of one client) and cannot be resold or distributed without our written consent.
Most of the Products have been created by attorneys and are copyrighted by us. However, some Products may be based on public domain materials or government forms. We have no claim as to those forms.
Product Use Outside of Defined Area
We make no representations and give no warranties, express or implied, that making the Products available in any particular jurisdiction outside the United States, U.K., Canada, and Australia, is permitted under such jurisdiction.s applicable laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are a resident outside the United States, U.K., Canada and Australia you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons: i) in jurisdictions outside the United States, U.K., Canada or Australia; ii) who are nominees of or trustees for citizens, residents or nationals of other countries; or iii) in the United States, U.K., Canada or Australia who purchase products designed for jurisdictions other than their own.
No Unlawful or Prohibited Use
You agree not to use the Websites, the Products and/or the Services for any unlawful purpose or as prohibited by our terms, conditions and notices set forth in this Agreement and elsewhere on the Websites. You also agree that when using the Websites, Products and/or Services, you will not:
Upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Violate any applicable laws or regulations.
Attempt to interfere with any other person.s use of the Websites or the Services.
Use the Websites or the Services in a manner that results in excessive bandwidth, data transfer or server usage, as determined by FLF.
Use the Websites or the Services in any manner which could damage, disable, overburden, or impair the FLF Websites, computer systems, servers and networks, or interfere with any other party's use and enjoyment of the Websites.
Download multiple forms sequentially or store excessive information in your account.
Copy or duplicate or permit any third party to copy or duplicate any portion of or the entire form library or to swap, rent, sub-license, transfer, sell, upload, download, display or offer any portion of or the entire form library to any third party.
Download multiple Products for purposes of creating a forms database or to create a commercial or non-commercial website or product, in whole or in part.
Misrepresent your identity or impersonate any person.
Charge others to use the Services either directly or indirectly.
Attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by FLF in connection with the FLF Websites or Services.
Obtain or attempt to obtain any data through any means from the Websites or the Services, except if we intend to provide or make it available to you.
Use the Websites or Services for any unlawful purpose or to violate any federal, state, international law, code of conduct or other guidelines which may be applicable to the Services or the Websites.
Copy, sell, transfer, distribute, publish, or assign your license to the Services in any format to any third party.
Send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of FLF or others.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of FLF. FLF reserves the right, in its sole discretion, to determine whether and what action to take in response to any violation. Any action or inaction in a particular instance shall not dictate or limit FLF.s response to a future complaint.
Registered FLF Services
Account Registrations and Security
Access to some of the Services, such as the Subscription Service, requires registration and the payment of a monthly fee. In order to register, you agree to provide us with accurate and up-to-date information. You also represent that you have legal right to use the e-mail address(es) you provide. The account you register is only to be used by the person or organization who registered it. You agree not to disclose the account log-in or access code to any third party or authorize them to access or use the Services on your behalf. You shall immediately notify FLF of any unauthorized use of your user ID or password or any other breach of security. FLF cannot and will not be liable for any damage or loss arising from any unauthorized use of your account.
Storage of documents/files
As described below, FLF reserves the right to limit the number of documents and files that can be stored in the document vault, the total amount of storage available as well as the maximum file size.
You hereby represent that you have all necessary rights in and to all files you upload to FLF and the information contained therein.
Termination and Access Restriction
The rights granted by FLF to use the Services is predicated upon a user's: a) acknowledgment and acceptance of these Terms and Conditions of Use; b) payment for the access granted; and c) not sharing the access granted with any other person or entity.
If you violate or if we have grounds to suspect that you violated our guidelines set forth in these Terms and Conditions of Use and/or other use parameters included on the Websites, we may suspend or terminate your account and refuse use of the Services (or any portion thereof).
FLF also reserves the right, in its sole discretion, to terminate your access to the Websites and Services or any portion thereof at any time, without cause and/or without notice.
Subscription Service Limitations
The following are limitations of the Subscription Service you should be aware of:
You are limited to a certain number of documents that you can download into the vault each month. Currently, that limit is 40 individual forms per month. If you require access to additional documents, please contact our customer service.
You are limited to a certain number of files you can keep in the vault. Currently, that limit is 10,000 files.
There is a limit to the maximum amount of file space and file size you can store in the vault. Currently, that limit is 2MB.
Subscription Service - Payment/Fees and Renewal
Subscriptions are automatically billed on a monthly basis until canceled. If we can't bill your credit card on file or your PayPal account, your subscription will not be renewed and access to your account will be blocked. After 60 days the account's content (including any uploaded or stored forms) will be deleted. We reserve the right to change the Subscription Service's fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be delivered to the email address you have most recently provided us). There is no subscription period for one month unless the account is canceled before the second billing date.
.Free Trial Subscriptions. may be offered on the Websites and include free access for a specified period of time to many of the services and products offered in the Subscription Services. In such cases, the Free Trial Subscription will automatically become part of our standard Subscription Services (and therefore incur a subscription fee) upon either: (i) the expiration of the trial period if there was no prior cancellation; or (ii) the download of additional forms not included in the Free Trial Subscription. At this time, the free trial period is 5 days.
Subscription Account Cancellation
If your account is paid-in-full, you may cancel your account and terminate this Agreement with at least 5 days. notice before your next billing date. We recommend exporting or saving any important documents and data because you will lose access to all content stored in your account after cancellation.
Electronic Signature Usage
By using the FLF Signature Service you agree to conduct business or personal transaction with an electronic document and electronic signatures. You and the parties to the transaction may choose to execute the documents using traditional means. You may withdraw your consent to conduct the transaction electronically by ceasing your use of the FLF Signature Service.
FLF Not a Party
FLF provides the FLF Signature Service as a convenience and tool for parties to execute agreements. When you and any one or more other parties executes an agreement using the FLF Signature Service, only you and those other parties have rights and obligations with respect to such agreement. FLF is not a party to any such agreement, and shall not have any liability or responsibility whatsoever with respect to the validity or enforceability of any such agreement, the breach by any party in the performance of its obligations under that agreement, or your failure to obtain the outcome you were seeking to achieve by entering into any such agreement.
Disputes Regarding Executed Agreements
If any dispute arises between or among any parties to an agreement that has been executed using the FLF Signature Service, then FLF shall not have any responsibility or liability whatsoever with respect to that dispute.
The FLF Signature Service Storage Limitations
You are currently limited to the length of time your document will be stored by FLF. Currently, that limit is 60 days.
Refund of Charges
Except as specifically set forth in this section, all Services are prepaid monthly and are non-refundable. Service charges are non-refundable irrespective of non-use. Moreover, upon termination, cancellation, or suspension there is no entitlement to the refunds of any monies.
Forms sold individually on the Websites (not via the Subscription Services) are subject to the 100% Money Back Guarantee found on the Websites.
Disclosure and Removal of Information
We will not disclose any of your personal information to third parties without your permission except in the following circumstances: i) to protect ourselves from liability, ii) to respond to a legal process or comply with the law, or iii) as described in Section 7(C)(iv) above.
Consent to Electronic Communications and Solicitation
By registering with FLF or initiating a purchase of a Product or Service, you understand that we may send you communications or data from FLF including but not limited to: (i) notices about your use of the Services, including any notices concerning violations of use: (ii) updates: and (iii) promotional information and materials regarding the Products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
Third Party Content, Sites and Services
The Websites may contain links to other Internet sites, resources and/or sponsors of the Websites. We do not verify, warrant, endorse or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites. FLF is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FLF of the site or any association with its operators.
The Services and Products may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services.
We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions of Use at any time.
Modifications to the Terms and Conditions
We may alter these Terms and Conditions of Use from time to time and post the new version on our Websites, following which all use of the Websites, Services and Products will be governed by that version. You must check the Terms and Conditions of Use on the Websites regularly.
If any provision or term of these Terms and Conditions of Use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions of Use does not constitute a waiver of that obligation or right.
These Terms and Conditions of Use, the use of the Websites, our Products and our Services are governed in accordance with the laws of the State of California and federal laws of the United States.