Legally Mine Privacy Policy
Legally Mine is sensitive to your concerns about how we use the personal information we collect from you through Legally Mine’s website (the “Site”) and other plug-ins exchanging information with Legally Mine (“Applications”). (The Site and Applications are sometimes collectively referred to as “Online Services” for simplicity.) Legally Mine takes your privacy seriously, and has implemented this privacy policy (the “Privacy Policy”) and internal policies and practices to keep your personal and financial information secure. The Privacy Policy covers Legally Mine’s treatment of the Personally Identifiable Information we collect when you use the Online Services. This Privacy Policy is incorporated into our Terms of Use and Terms of Service, and therefore governs your use of the Online Services. By using Legally Mine Online Services, you accept the terms of this Privacy Policy. If you have questions or concerns about the Privacy Policy, please contact Customer Care at (855) 361-2686.
What Information Do We Collect About Our Customers?
Traffic Data. Legally Mine uses a number of internal and third-party methods to recognize visitor data like IP addresses and browser settings (collectively “Visitor Data”). The Legally Mine internal servers and software automatically recognize Visitor Data. No Personally Identifiable Information is revealed in this process. The Site may use Visitor Data to compile traffic data about the types of visitors who use the Site at specific intervals (collectively “Traffic Data”).
Legally Mine may use the standard cookie feature of major browser applications and third-party providers, or employ internally developed cookies and tracking codes, that allow Legally Mine to store a small piece of data on a visitor’s computer, or any other device a visitor uses to access Online Services, about his or her visit to the Site or use of Applications. Legally Mine does not capture Personally Identifiable Information in cookies or use cookies to mine Personally Identifiable Information.
We may use Traffic Data to analyze Site traffic, but this information is not examined for Personally Identifiable Information. We may also use Traffic Data to diagnose problems with our server, administer our Site, or display content according to your preferences. Visitor Data and Traffic Data may also be shared with business partners, affiliates, or advertisers on an aggregated and anonymous basis.
Personal Information. Legally Mine requires each customer to provide us with personal information (collectively “Personally Identifiable Information”) to access and use Legally Mine products and services. Personally Identifiable Information is captured only when a visitor accesses Online Services, or speaks on the phone with a Legally Mine employee, and willingly discloses that information. This disclosure may occur when a visitor registers with an Online Service, engages in transactions, contacts customer service, or participates in contests, promotions, surveys, forums, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, or other aspects of services offered by Legally Mine.
Personally Identifiable Information includes: (i) “Contact Data” (such as your name, address, city, state, zip code, phone number, and email address); (ii) “Financial Data” (such as your credit card number, expiration date, and verification code); (iii) “Demographic Data” (such as your zip code and sex); and (iv) other “Legal Data” (such as your social security number, mortgage information, automobile information, marital information, trade secrets, inventions, and idea submissions and other sensitive information necessary to generate legal documents).
Certain personal information becomes public record when documents are filed with the federal or state government, or with a court. For example, a corporation’s name, business address, and registered agent name become public information when its articles of incorporation are filed. A Secretary of State may publish this information to its website or provide this information to third parties for a fee. The U.S. Patent and Trademark Office publishes the names and addresses of trademark registrants. In some states, fictitious business names, including the name and address of the business owner, must be published in a newspaper. The Legally Mine Privacy Policy does not cover these or similar third-party actions.
Calls/Electronic Communications. In the regular course of our business, Legally Mine may monitor and record phone conversations or email communications between you and Legally Mine employees for training and quality assurance purposes. We may receive a confirmation when you open or click on content in an email from us, which helps us make our communications to you more useful and interesting. If you do not wish to receive email from Legally Mine, you may unsubscribe from our mailing list on any of the emails we send.
How Do We Use the Information We Collect and Do We Share the Information We Receive?
We use information we collect from the Online Services to communicate with you, process your orders, facilitate your transactions with our third-party marketing partners, and inform you of offers and discounts. For example, you may receive a welcome email that confirms your username and password, and later receive communications responding to your inquiries, providing services you request, and managing your account. We occasionally send service-related announcements, for example, to alert you if we need to temporarily suspend the Site for maintenance. We send promotional emails and newsletters from time to time to our purchasers and those who have opted in to receive such emails. Generally, you may not opt-out of service-related communications, which are not promotional. If you do not wish to receive service-related communications, you may terminate your account by contacting Customer Care at info@legallymineusa.com or (855) 361-2686. However, you can opt-out of promotional communications by following the unsubscribe instructions in any communication or by emailing us at info@legallymineusa.com.
We share customer information with third parties only as follows:
Use of Personal Information. Legally Mine, sometimes with the assistance of a third party or Legally Mine subsidiary, may use your Personally Identifiable Information to process your payment through merchant account services, to generate the products and services you order, and to analyze our customer demographics. Your Contact Data may be used to follow up with you on transactions you initiate through Online Services, respond to inquiries made through Online Services, inform you of changes to Online Services, and send you additional information about Legally Mine and its products and services. Unless specifically unauthorized by you, we may provide Personally Identifiable Information to third parties for marketing purposes. We may provide information to a third party in response to a subpoena or to otherwise comply with the law.
Contact Data and Traffic Data are used to gather general statistics about our customers and visitors. We may use Demographic Data to generate collective information about our users, but not in a way that identifies any user specifically. For example, we may inform third parties about the number of registered users and unique visitors, and the pages most frequently browsed.
Service Providers. We may share your Personally Identifiable Information with companies that provide support services to us (such as a printer or email service provider) or that help us market our products and services. These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose.
Opting Out. You may choose not to provide Legally Mine with Personally Identifiable Information or you may turn off cookies in your browser by changing its settings. If you make these decisions, you may continue to use the Online Services and browse its pages. However, Legally Mine cannot process orders without Personally Identifiable Information.
If you do not wish to receive promotional materials from Legally Mine, you may unsubscribe from our mailing list on any materials we send. Generally, you may not opt-out of service-related communications, which are not promotional. If you do not wish to receive service-related communications, you may terminate your account by contacting Customer Care atinfo@legallymineusa.com or (855) 361-2686.
If you would like to learn more or opt out of receiving online display advertising tailored to your interests, please visit the Networking Advertising Initiative atwww.networkadvertising.org/managing/opt_out.asp or the Digital Advertising Alliance athttp://aboutads.info/choices. If you delete your cookies, use a different browser, or buy a new computer, you will need to renew your online display advertising opt-out choice.
Website Areas Beyond Legally Mine’s Control. The Site may include interactive forums, such as message boards and chat rooms. Any Personally Identifiable Information disclosed in these areas is public and becomes public information. You should use caution when deciding whether to disclose your personal information in these forums.
Other Transfers. We may share Personally Identifiable Information and other data with businesses controlling, controlled by, or under common control with Legally Mine. If Legally Mine is merged, acquired, or sold, or if some or all of our assets or equity are transferred, we may disclose or transfer Personally Identifiable Information and other data in connection with the associated transactions.
Bankruptcy. In the event of a Legally Mine bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used. If such an event occurs, your Personally Identifiable Information may be treated like any other Legally Mine asset and sold, transferred, or shared with third parties, or used in ways not contemplated or permitted under this Privacy Policy, without notice to you or your consent.
Links
Third-Party Websites and Third-Party Service Providers. Legally Mine may maintain links to other websites and other websites may maintain links to the Online Services. This Privacy Policy applies only to Legally Mine.com and not to other websites accessible from Legally Mine or that you use to access Legally Mine, each of which may have privacy policies materially different from this Privacy Policy. If you visit other websites, Legally Mine is not responsible for the privacy practices or content of those sites. It is your responsibility to review the privacy policies of non-Legally Mine websites to confirm that you understand and agree with them.
Blogs and other websites affiliated with Legally Mine are as follows: https://wealthlegallyprotected.wordpress.com/2013/08/28/some-history-of-the-llc/
http://legaldiscourses.wordpress.com/2012/04/30/legally-mine-vs-standard-attorney/
https://legalwindbag.wordpress.com/tag/legally-mine/
http://thelawsuitpandemic.wordpress.com/2013/08/27/medical-malpractice-legally-mine/
http://minebylaw.wordpress.com/tag/legally-mine/
http://legallyminenotyours.wordpress.com/2013/08/27/legally-mine-llc/
http://legallyminelaughs.blogspot.com/
http://revengeclause.wordpress.com/2012/03/30/legally-minedan-mcneffs-public-speaking-experience/
http://keepmymoney2013.wordpress.com/
We may work with third-party service providers that we do not own or control. Unless authorized by you, we do not provide your Personally Identifiable Information to any third-party service providers, except as explained in this Privacy Policy.
Accessing and Changing Your Account
User Access to Order Information. Legally Mine does not currently, but may in the future will give you, or anyone listed as an authorized contact for your account, information about your order. This may include information about the nature and status of your order, information you provided to process your order, payment information, and contact information. If we begin offering other user access and you want someone to have access to your order, you must list them as an authorized contact or they may not obtain information. If this service is offered you will be notified of how to go about authorizing individuals to access your account and information contained therein. For product-specific information about who may request information about your order, please contact Customer Care at info@legallymineusa.com or (855) 361-2686. For some products, you may decide to share information about your order with a Legally Mine attorney. We will only share your information or documents with a Legally Mine attorney or with attorneys who service our attorney-assisted products with your authorization. We also may provide information to a third party in response to a subpoena or to otherwise comply with the law.
User Access to and Ability to Update Personally Identifiable Information. You may visit your personal account profile at any time by clicking on the “My Account” link, which will take you to proper account page. Through My Account, you may: (i) review and update your Contact Data. If you want to remove your Personally Identifiable Information from our Site, you may contact us at info@legallymineusa.com. Legally Mine may maintain some or all of this data in its archives even after it has been removed from the Site.
How Secure Is the Personal Information We Collect?
Our Commitment to Data Security. We strive to make certain that our servers and connections incorporate the latest encryption and security devices. We have implemented physical, electronic, and managerial procedures to safeguard and secure the information we collect. Credit card and personal information are transmitted by secure servers. Documents are delivered to you via UPS or similar overnight delivery services, the United States Postal Service, or email. Unfortunately, no data transmission is guaranteed to be 100% secure and we therefore cannot guarantee the security of information you transmit to or from the Site, Applications, or through the use of our services, and you provide this information at your own risk. ACCORDINGLY, WE DISCLAIM LIABILITY FOR THE THEFT, LOSS, OR INTERCEPTION OF, OR UNAUTHORIZED ACCESS OR DAMAGE TO, YOUR DATA OR COMMUNICATIONS BY USING THE SITE, APPLICATIONS, AND OUR SERVICES. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ASSUME THESE RISKS.
IF YOU BELIEVE YOUR PRIVACY HAS BEEN BREACHED THROUGH USE OF OUR WEBSITE, APPLICATIONS, OR OTHER SERVICES PLEASE CONTACT US IMMEDIATELY AT (855) 361-2686.
TERMS OF SERVICE
1. I understand and agree that Legally Mine is not a law firm or an attorney, may not perform services performed by an attorney, and is not the substitute for the advice of an attorney. Rather, I am representing myself in this legal matter. No attorney-client relationship or privilege is created with Legally Mine.
2. If, prior to my purchase, I believe that Legally Mine gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.
3. Legally Mine exists solely within the County of Utah in the State of Utah. I agree that regardless of where I reside or where my browser is physically located, my viewing and use of Legally Mine occurs solely within the County of Utah in the State of Utah, and that all content and services shall be deemed to be served from, and performed wholly within, Utah County, Utah, as if I had physically traveled there to obtain such service. I agree that Utah law shall govern any disputes arising from my use of this website. Disputes shall be resolved through binding arbitration or small claims court as described in the Legally Mine Arbitration Agreement, contained in Paragraph 10 of these Terms of Service.
4. I UNDERSTAND THAT THE LEGALLY MINE REVIEW OF MY ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND GRAMMAR, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. I WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
5. Limitation of Liability and Indemnification. I WILL HOLD LEGALLY MINE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF LEGALLY MINE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF LEGALLY MINE, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE LEGALLY MINE ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 11 OF THESE TERMS OF SERVICE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF UTAH BUSINESS AND PROFESSIONS CODE.
6. Terms of Use. I understand that the Site’s general terms of use (the “Terms of Use”) also apply to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and agree to those Terms of Use, which are incorporated herein by reference.
7. Additional Terms. I understand that my purchase may be subject to additional terms and conditions. I understand that other Legally Mine services, including, but not limited to, the Registered Agent Services, Minutes Manager, and Premium Plus Program, are subject to Supplemental Terms of Service for Premium Plus, legal plans (Blueprints) are subject to the Legal Plan (Blueprint)Contract. If applicable, I acknowledge that I have read and agree to the supplemental terms for each own service.
8. Abandoned Orders. My purchase allows me to create my own legal documents. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit for any undelivered order after 3 days have elapsed from the purchase date unless Legally Mine is at fault. If any and/or all itemization of fees are displayed for convenience only. Delivered orders shall be governed by the Legally Mine Tax-Savings Money-Back Guarantee. Both parties acknowledge that Legally Mine is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Legally Mine for reimbursement of our commitment to service this order.
9. Exchanges. I understand that I may request an exchange of one product for a different product and complete a replacement order within 60 days of my purchase. The purchase price of the original item, less any filing fees, taxes or other third-party costs, will be credited to my Legally Mine account.
10. Suspended Accounts. If Legally Mine encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that Legally Mine, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that Legally Mine disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside Legally Mine, including me or any authorized contact, until the investigation is complete. Additionally, I understand that Legally Mine, in its sole discretion, may decide not to send any documents or refunds associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that Legally Mine will not be liable for any delays caused by these policies and procedures.
11. DISPUTE RESOLUTION BY BINDING ARBITRATION.
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Center at (800) 375-2453. In the unlikely event that the Legally Mine Customer Care Center is unable to resolve your complaint to your satisfaction (or if Legally Mine has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Legally Mine will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney’s fees from Legally Mine to the same extent or more as you would in court.
You may speak with independent counsel before using this Site or completing any purchase.
Arbitration Agreement:
(a) Legally Mine and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
· claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
· claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
· claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
· claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “Legally Mine,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Legally Mine are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Legally Mine should be addressed to: Notice of Dispute, General Counsel, Legally Mine, Inc., P.O. Box 1629, Orem UT 84059 (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 Legally Mine and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Legally Mine may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Legally Mine or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Legally Mine is entitled.
You may download or copy a form to initiate arbitration from the AAA website at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820. (There is a separate form for Utah residents, also available on the AAA’s website at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.)
(c) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to Legally Mine) The arbitrator is bound by these Terms. Unless Legally Mine and you agree otherwise, any arbitration hearings will take place in the Utah county, Utah . 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. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Legally Mine. 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 Legally Mine was a party. Except as otherwise provided for herein, Legally Mine will not pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Legally Mine for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Legally Mine’s last written settlement offer made before an arbitrator was selected, then Legally Mine will:
· pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Under some laws Legally Mine may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND LEGALLY MINE 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. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. Notwithstanding the foregoing, both parties hereby waive the right to appeal any arbitration award other than an award providing injunctive relief. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and Legally Mine 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. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
(h) The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.
12. Payment Plan.
(a) Qualification. The Legally Mine Payment Plan (the “Payment Plan”) is available as a purchase option for certain Legally Mine products priced at $2000 or more.
(b) Billing. By opting into the Payment Plan, I am agreeing to make an initial payment (the “Initial Installment Payment”) immediately when I place my order. I hereby authorize Legally Mine to charge my credit card for all additional installments on approximately, but not before, the first and subsequent month anniversaries (each an “Installment Billing Date”) of the Initial Installment Payment until the balance is paid. If my purchase date is on the 29th through 31st day of any month, an Installment Billing Date for months with fewer days will fall on the last day of the month. Each payment will be of the same amount, except that if the total purchase price does not divide evenly into even parts, my final installment payment will include all outstanding amounts. I understand that I may pay my outstanding balance at any time without incurring additional charges.
(c) Default. If my credit card is declined, I agree that Legally Mine may make up to five attempts to bill that card over a 30 day period. If I remain in default on the second payment when the third and/or any subsequent payment is due, I authorize Legally Mine to charge both the second and third payment amounts to my credit card. If three attempts to charge my card are unsuccessful and my account balance remains unpaid, I understand that Legally Mine may report information about my account to credit bureaus, and that late payments, missed payments, and other defaults may be reflected in my credit report. I understand that Legally Mine may restrict my ability to purchase other Legally Mine products if I am delinquent on any payment. I understand that Legally Mine may make efforts to collect a delinquent payment. I understand that if I believe Legally Mine has reported inaccurate information to a consumer reporting agency, I may call the Legally Mine Customer Care Center at (800) 375-2453 and Legally Mine will investigate the matter. I understand that Legally Mine may accept late or partial payments, as well as payments that reflect “paid in full” or other restrictive endorsements, without limiting any of its rights under these Terms of Service.
(d) Store Credit. I understand that if I have a Legally Mine store credit, the amount of that store credit will be deducted from my total purchase price before installment payment amounts are calculated. Store credit will not count against the $2000 minimum purchase price per product. If I want to apply a store credit issued after my enrollment in the Payment Plan, I may do so by calling the Legally Mine Customer Care Center at (800) 375-2453.
(e) Notice of Automatic Billing. Legally Mine may send a reminder email to the email address of record for my account before my Installment Billing Dates. I acknowledge and agree that this notice is provided as a courtesy only, and Legally Mine is not obligated or required to provide such notice. I acknowledge and agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of Legally Mine to send the email does not create any liability on the part of Legally Mine or any third-party service provider.
(f) Disputed Charges. I understand that before I dispute a charge to my credit card, I should call the Legally Mine Customer Care Center immediately at (800) 375-2453 and Legally Mine will investigate the matter.
(g) Account Information. I agree to notify Legally Mine immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason. I understand that if my failure to provide Legally Mine with accurate, complete, and current information results in delinquent payments, Legally Mine may restrict my ability to purchase other Legally Mine products, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
13. Filing Fees. Except as otherwise noted, filing and recording fees include all mandatory or applicable federal, state, county and local administrative fees and may also include publishing, name check, handling and Legally Mine or third party processing fees.
14. Shipping. I understand that Legally Mine uses a variety of carriers for each shipping option and will choose a delivery method for the shipping option and address I designate. If I select overnight delivery or two-day delivery, I agree that Legally Mine may use air or ground shipping as necessary to get my items to me within the promised time frame. The shipping fee indicated does not necessarily represent the actual amount paid by Legally Mine to the carrier chosen for the delivery of my order. It may include, in addition to the fees paid to the carrier, Legally Mine or third party handling and processing fees.
15. Access to World Wide Web; Internet Delays. To use Legally Mine services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Legally Mine services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that Legally Mine is not responsible for delays, delivery failures, or other damage resulting from such problems.
16. Force Majeure. Legally Mine shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, Legally Mine may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
17. Right to refuse. I acknowledge that Legally Mine reserves the right to refuse service to anyone.
18. By proceeding with my purchase, I agree to these Terms of Service.
Updated November 6, 2012
TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the Legally Mine website (the “Site”) or any Legally Mine applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to Legally Mine and “Services” refers to all services provided by us.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Customer Care Center.
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Please also refer to the Legally Mine Terms of Service and the Privacy Policy, each of which is incorporated herein by reference.
Legally Mine provides an online legal portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own legal documents. Customer need not download or even license Legally Mine software. Legally Mine hosts its Legal software as a backend service for customers when they create their own documents. Legally Mine includes general information on commonly encountered legal issues as part of our service. The Legally Mine Services also include a review of your answers for completeness, spelling and grammar, and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Legally Mine is not a law firm and may not perform services performed by an attorney. Legally Mine and its Services are not substitutes for the advice of an attorney.
Legally Mine strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Legally Mine cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Legally Mine provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications 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.
From time to time, Legally Mine may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with Legally Mine through the performance of any such services.
This Site and Applications are not intended to create any attorney-client relationship, and your use of Legally Mine does not and will not create an attorney-client relationship between you and Legally Mine. Instead, you are and will be representing yourself in any legal matter you undertake through Legally Mine’s legal document service.
1. Privacy Policy. Legally Mine respects your privacy and permits you to control the treatment of your personal information. A complete statement of Legally Mine’s current Privacy Policy can be found above. Legally Mine’s Privacy Policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify Legally Mine immediately of any unauthorized use of your account, user name or password. Legally Mine shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Legally Mine, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
In connection with the use of certain Legally Mine products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Legally Mine a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by Legally Mine at any time by removing your personal information from the applicable service.
2. Ownership. This Site and Applications are owned and operated by Legally Mine, LLC. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Legally Mine or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Legally Mine, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Legally Mine’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Legally Mine does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Legally Mine. Any rights not expressly granted herein are reserved by Legally Mine.
3. Limited Permission to Download. Legally Mine hereby grants you permission to download, view, copy and print the Materials on any computer you have the right to use, and is not considered a public computer, solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Legally Mine (each a “Third Party Site”). Legally Mine works with a number of partners and affiliates whose sites are linked with Legally Mine. Legally Mine may also provide links to other citations or resources with whom it is not affiliated. Legally Mine is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Legally Mine makes no guarantees about the content or quality of the products or services provided by such sites. Legally Mine is not responsible for webcasting or any other form of transmission received from any Third Party Site. Legally Mine is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Legally Mine of the Third Party Site, nor does it imply that Legally Mine sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Legally Mine is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Use of Legally Mine Legal Forms. On our Site, through our Applications, and through certain partners, we offer self-help “fill in the blank” forms. If you buy a form from one of our partners, you will be directed to that partner’s website and their terms of use will control. If you buy or download a form on our Site or Application, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.
License to Use.
Legally Mine grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
Resale of Forms Prohibited.
By ordering or downloading Forms, you agree that the Forms 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 Legally Mine.
6. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Center at (800) 375-2453. In the unlikely event that the Legally Mine Customer Care Center is unable to resolve your complaint to your satisfaction (or if Legally Mine has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Legally Mine will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney’s fees from Legally Mine to the same extent or more as you would in court.
You may speak with independent counsel before using this Site or completing any purchase.
Arbitration Agreement:
(a) Legally Mine and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
· claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
· claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
· claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
· claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “Legally Mine,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Legally Mine are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Legally Mine should be addressed to: Notice of Dispute, General Counsel, Legally Mine, Inc., P.O. Box 1629, Orem UT 84059 (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 Legally Mine and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Legally Mine may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Legally Mine or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Legally Mine is entitled.
You may download or copy a form to initiate arbitration from the AAA website at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820. (There is a separate form for Utah residents, also available on the AAA’s website at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.)
(c) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to Legally Mine) The arbitrator is bound by these Terms. Unless Legally Mine and you agree otherwise, any arbitration hearings will take place in the Utah county, Utah . 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. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Legally Mine. 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 Legally Mine was a party. Except as otherwise provided for herein, Legally Mine will not pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Legally Mine for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Legally Mine’s last written settlement offer made before an arbitrator was selected, then Legally Mine will:
· pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Under some laws Legally Mine may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND LEGALLY MINE 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. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. Notwithstanding the foregoing, both parties hereby waive the right to appeal any arbitration award other than an award providing injunctive relief. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and Legally Mine 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. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
(h) The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.
7. Additional Terms. Some Legally Mine Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
8. Reviews, Comments, Communications, and Other Content. At various locations on the Site or through Applications, Legally Mine may permit visitors to post ratings, reviews, comments, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.
Rights and Responsibilities of Legally Mine.
Legally Mine is not the publisher or author of the User Content. Legally Mine takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, Legally Mine takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If Legally Mine’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Legally Mine reserves the right to delete those files or to stop those processes. If the Legally Mine technical staff suspects a user name is being used by someone who is not authorized by the proper user, Legally Mine may temporarily disable that user’s access in order to preserve system security. In all such cases, Legally Mine will contact the member as soon as feasible.
Legally Mine has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Legally Mine reserves the right to refuse service to anyone and to cancel user access at any time.
Rights and Responsibilities of Legally Mine Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any Legally Mine service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
· that is known by you to be false, inaccurate or misleading;
· that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
· that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
· that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
· that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
· that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
· that contains any computer virus, worms, or other potentially damaging computer programs or files;
· that otherwise violates these Terms of Use.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant Legally Mine a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
Blogs and other websites affiliated with Legally Mine are as follows: https://wealthlegallyprotected.wordpress.com/2013/08/28/some-history-of-the-llc/
http://legaldiscourses.wordpress.com/2012/04/30/legally-mine-vs-standard-attorney/
https://legalwindbag.wordpress.com/tag/legally-mine/
http://thelawsuitpandemic.wordpress.com/2013/08/27/medical-malpractice-legally-mine/
http://minebylaw.wordpress.com/tag/legally-mine/
http://legallyminenotyours.wordpress.com/2013/08/27/legally-mine-llc/
http://legallyminelaughs.blogspot.com/
http://revengeclause.wordpress.com/2012/03/30/legally-minedan-mcneffs-public-speaking-experience/
http://keepmymoney2013.wordpress.com/
You are not required to provide your real name when signing up as a user of Legally Mine. Legally Mine permits anonymous or pseudonymous accounts. Any user may request that such member’s email address be hidden to provide for additional privacy.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that Legally Mine may use your email address to contact you about the status of your review and other administrative purposes.
9. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LEGALLY MINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LEGALLY MINE MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. LEGALLY MINE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU WILL HOLD LEGALLY MINE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF LEGALLY MINE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF LEGALLY MINE, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE LEGALLY MINE ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 6 OF THESE TERMS OF USE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 6400, ET SEQ.
11. Unsolicited Submissions. Except as may be required in connection with your use of Legally Mine Services, Legally Mine does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Legally Mine through or in association with this Site shall be considered non-confidential and Legally Mine’s property. By providing such submissions to Legally Mine you hereby assign to Legally Mine, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Legally Mine shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
12. Compliance with Intellectual Property Laws. When accessing Legally Mine or using the Legally Mine legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Legally Mine user account.
Legally Mine has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Legally Mine or of a third party or that violate intellectual property rights generally. Legally Mine’s policy is to remove such infringing content or materials and investigate such allegations immediately.
Blogs and other websites affiliated with Legally Mine are as follows: https://wealthlegallyprotected.wordpress.com/2013/08/28/some-history-of-the-llc/
http://legaldiscourses.wordpress.com/2012/04/30/legally-mine-vs-standard-attorney/
https://legalwindbag.wordpress.com/tag/legally-mine/
http://thelawsuitpandemic.wordpress.com/2013/08/27/medical-malpractice-legally-mine/
http://minebylaw.wordpress.com/tag/legally-mine/
http://legallyminenotyours.wordpress.com/2013/08/27/legally-mine-llc/
http://legallyminelaughs.blogspot.com/
http://revengeclause.wordpress.com/2012/03/30/legally-minedan-mcneffs-public-speaking-experience/
http://keepmymoney2013.wordpress.com/
Copyright Infringement:
A. Notice. Legally Mine has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
Copyright Agent
c/o Legally Mine, LLC.
225 W 250 N
Orem, UT 84057
info@legallymineusa.com
B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.
13. Inappropriate Content. When accessing the Site, any Applications, or using Legally Mine’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Legally Mine reserves the right to terminate or delete such material from its servers. Legally Mine will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
Blogs and other websites affiliated with Legally Mine are as follows: https://wealthlegallyprotected.wordpress.com/2013/08/28/some-history-of-the-llc/
http://legaldiscourses.wordpress.com/2012/04/30/legally-mine-vs-standard-attorney/
https://legalwindbag.wordpress.com/tag/legally-mine/
http://thelawsuitpandemic.wordpress.com/2013/08/27/medical-malpractice-legally-mine/
http://minebylaw.wordpress.com/tag/legally-mine/
http://legallyminenotyours.wordpress.com/2013/08/27/legally-mine-llc/
http://legallyminelaughs.blogspot.com/
http://revengeclause.wordpress.com/2012/03/30/legally-minedan-mcneffs-public-speaking-experience/
http://keepmymoney2013.wordpress.com/
14. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
15. Personal Use. The site is made available for your personal use on your own behalf.
16. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
17. Governing Law; Venue. By using this Site or any Applications, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Utah, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.
18. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Legally Mine, LLC ALL RIGHTS RESERVED.
19. Attorney Access Services; Use of Term “Experience.” The term “experience” or “experienced,” as used on the Site, Applications, and in other communications in reference to third party attorneys participating in Legally Mine’s legal plans or other attorney access services means that the legal plan primary handling partner of each law firm fulfills the following: (a) possesses a minimum of five years’ experience practicing law, (b) maintains errors and omissions insurance policies consistent with industry standards, (c) is in good standing with the state bar in each jurisdiction in which the attorney is licensed to practice, (d) has no pending malpractice lawsuit, as of the date of joining one of Legally Mine’s legal plans, and (e) has no public record of discipline by a state bar within the last five years. The term “experience” or “experienced” is not intended to be a comparison to any other attorney’s services or qualifications.
20. Use of Testimonials and Media Endorsements. The media hosted on the Site endorsing Legally Mine is unpaid testimonial(s) for our advertising campaigns.
21. Inquiries. BY USING LEGALLY MINE’S SERVICES OR ACCESSING THE LEGALLY MINE SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO LEGALLY MINE VIA THE LEGALLY MINE SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO LEGALLY MINE, AND THAT LEGALLY MINE MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
22. Acknowledgement. BY USING LEGALLY MINE’S SERVICES OR ACCESSING THE LEGALLY MINE SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Blogs and other websites affiliated with Legally Mine are as follows: https://wealthlegallyprotected.wordpress.com/2013/08/28/some-history-of-the-llc/
http://legaldiscourses.wordpress.com/2012/04/30/legally-mine-vs-standard-attorney/
https://legalwindbag.wordpress.com/tag/legally-mine/
http://thelawsuitpandemic.wordpress.com/2013/08/27/medical-malpractice-legally-mine/
http://minebylaw.wordpress.com/tag/legally-mine/
http://legallyminenotyours.wordpress.com/2013/08/27/legally-mine-llc/
http://legallyminelaughs.blogspot.com/
http://revengeclause.wordpress.com/2012/03/30/legally-minedan-mcneffs-public-speaking-experience/
http://keepmymoney2013.wordpress.com/
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Wealth Legally Protected: 