The following are the terms and conditions for use (the “Terms”) of the Your Legacy Lives web site (the “Site”) and Your Legacy Lives products and services exclusively by the customer, your heirs, assigns and legatees (“You”) who purchases such products and services from the Site. Please read the Terms and Conditions carefully. Your right to use the Your Legacy Lives website and to receive any of the products and services contained on the website requires You to acknowledge and accept these Terms and Conditions. Your Legacy Lives does not agree to allow You to use its website and will not provide You products and services from its website on any terms and conditions other than those stated herein. You acknowledge and agree that by checking the box “I Agree to the Terms and Conditions” that You assent to these Terms and Conditions.
“Your Legacy Lives” is a limited liability company, it is not a law firm, it is not acting as your attorney, and it is not providing legal advice. The products and services provided by “Your Legacy Lives” are a general publishing service (similar to books offering general legal information and forms that you might buy at an office supply store) and may not be appropriate to your specific legal circumstances. Such products and services include, but are not limited to, the forms, instructions and educational materials provided from the Your Legacy Lives website (defined below as “Your Legacy Lives Material”). Although these products and services are intended for those who prefer to “do it themselves,” we always encourage users to have all final documents reviewed by your attorney. Therefore, You should use these products and services at your own risk or consult with your own lawyer for legal advice.
THE PRODUCTS AND SERVICES ARE SOLD “AS IS” WITH NO WARRANTIES OR GUARANTIES. These products and services are suggested for use by California residents ONLY.
“Your Legacy Lives” does not endorse any content provided by any linked sites or articles, nor does it assume any responsibility for the interpretation or application of any information originating from such content. Use of our site is governed by these Terms and Conditions; refer to this document for more information.
While we have worked to make our site compatible with the most commonly used web browsers, we cannot guarantee that every feature will work with your browser. Your computer must be compatible with Microsoft Word to use our documents.
If there is any problem with the documents You receive from us, and You request a refund in writing, a full refund will be provided to You, as long as you request a refund no later than thirty (30) days after you download or receive the document(s). Please make your request by email for fastest turn-around time ([email protected]).
By using the Your Legacy Lives Material (as defined below), You are deemed to accept the validity of and be bound by the Terms and Conditions as stated herein without modification.
Your Legacy Lives Material is defined as any legal materials, documents, contracts, software, products, web links, email, information, partial Your Legacy Lives Material or any other materials provided by Your Legacy Lives, the Site or any Your Legacy Lives service in any way.
Nature of the Service
Your Legacy Lives is not a law firm and does not provide Legal Advice (as defined below). Your use of the Site or any Your Legacy Lives products and services does not create an attorney-client relationship between You and Your Legacy Lives or any persons affiliated with the company.
Legal Advice, Information and Decision Making Responsibility
You acknowledge and agree that all decisions You make on legal matters are your full responsibility and You agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.
You acknowledge and agree that Your Legacy Lives does not provide legal advice. If You receive any communication from Your Legacy Lives, its agents, its employees or any other associated entity, which is Legal Advice, You agree that it is NOT a communication authorized by Your Legacy Lives and You agree to immediately delete and disregard it.
Except as expressly provided in these Terms, You agree to accept full responsibility for determining the value of and for any use You make of Your Legacy Lives Material, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any Your Legacy Lives Material.
For the purposes of these Terms, Legal Advice is defined to include the following:
• any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney;
• advice related to your specific legal or fact situation;
• advice on which legal document or documents You need or are best for your situation;
• advice applying the law or drawing any legal conclusions;
• determining the legal consequences that will or could result from how You have created your legal document;
• whether You have included inappropriate, conflicting, or ambiguous information in your legal documents;
• whether You have omitted any necessary provisions or details from your legal documents; and
• whether You require any additional legal documents or legal procedures.
USE OF YOUR LEGACY LIVES MATERIAL
You agree not to use any Your Legacy Lives Material for any purpose which is against any laws in your jurisdiction, including, but not limited to, any state or local laws, ordinances, or regulations, or for any purpose which would not give full effect to the Terms and Conditions even if that purpose is otherwise allowed under the Terms and Conditions of this agreement.
You may view the Site using a web browser for evaluation purposes as a potential customer or supplier.
“Final Contract” is defined as the finished legal documents created through the use of a Your Legacy Lives product such as a licensed automated contract.
Single Use License
Your Legacy Lives grants to You a revocable, limited, non-exclusive right and license to use the Your Legacy Lives Material that You purchase from the Site. The purchase of a Single Use License entitles You to:
use the document templates provided for a single transaction,
make one electronic backup copy of the Final Contract for your personal use,
make necessary mechanical copies (e.g. photocopies or scans) of the Final Contract for your personal records and as required for completion of the specific transaction for which the Final Contract is intended. All other uses are strictly prohibited.
To the maximum extent allowable under applicable law, except as explicitly identified in these Terms and Conditions, You agree not to publish, re-publish, publicly display, reproduce, distribute, reverse engineer, make derivative works, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any Your Legacy Lives Material, nor will You allow or assist a third-party under your control to do so. The rights granted under these Terms and Conditions are granted to You only, and all other rights are reserved.
Your Legacy Lives retains the right to prohibit organizations, groups, or individuals from using its websites or Your Legacy Lives Material at its discretion
This agreement cannot be assigned without the express written permission of Your Legacy Lives. Any unauthorized assignment is null and void.
Ownership of Intellectual Property Rights
Your Legacy Lives DOES NOT transfer to You title or ownership to any copy, or original, or any other form of the documents or any other Your Legacy Lives Material. All rights, title, interest, ownership, copyright and other intellectual property rights to any Your Legacy Lives Material belongs solely to Your Legacy Lives and its suppliers except as expressly licensed in these Terms and Conditions.
Without reducing or restricting any other remedies that Your Legacy Lives may be entitled to, You agree that, to the extent allowable under applicable law, any automated system using any Your Legacy Lives Material will be the property of Your Legacy Lives.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOUR LEGACY LIVES MATERIAL IS PROVIDED “AS IS” WITHOUT ANY KIND OF WARRANTY.
You accept full responsibility for determining whether Your Legacy Lives Material is suitable for any particular purpose and for protecting yourself against any possible direct, indirect or consequential damages.
Sole and Exclusive Remedy
If you are dissatisfied with the Your Legacy Lives Material, Your Legacy Lives will honor our refund commitment specified in Your Legacy Lives Material to a maximum of US$500 per order. All refunds must be requested in writing within 14 days after your receive the forms. No additional guarantees are applicable. THE REFUND IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT THE PURCHASE AND USE OF THE YOUR LEGACY LIVES MATERIAL.
DISCLAIMER OF WARRANTIES
YOUR LEGACY LIVES DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
USE OF YOUR LEGACY LIVES MATERIAL IS AT YOUR OWN RISK. Except as expressly provided in these Terms and Conditions, Your Legacy Lives is not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Your Legacy Lives Material, or for inaccessibility of Your Legacy Lives Material whether from errors or omissions in the content of Your Legacy Lives Material or any other linked sites or for any other reason.
Your Legacy Lives does not represent or warrant that Your Legacy Lives Material, its server or any linked sites are free of any harmful materials.
LIMITATION OF LIABILITY
YOUR LEGACY LIVES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND. THE MAXIMUM CUMULATIVE LIABILITY OF YOUR LEGACY LIVES IS THE AMOUNT PAID TO YOUR LEGACY LIVES BY THE CUSTOMER, REGARDLESS OF WHETHER ANY CLAIMS ARISE OUT OF TORT, CONTRACT OR ANY OTHER LEGAL THEORY. CUSTOMER ACKNOWLEDGES AND AGREES THAT THIS LIMITATION ON LIABILITY REFLECTS THE BARGAIN AGREED TO BY THE PARTIES AND THAT YOUR LEGACY LIVES WOULD NOT PROVID YOU WITH THE YOUR LEGACY LIVES MATERIAL WITHOUT SUCH LIMITATIONS ON ITS LIABILITY. THIS SECTION SHALL REMAIN NOTWITHSTANDING THE UNENFORCEABILITY OF ANY OTHER TERMS AND CONDITIONS CONTAINED HEREIN.
All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting Your Legacy Lives Material.
Indemnification by Customer
You agree to indemnify and hold Your Legacy Lives, its directors, officers and employees, harmless from any claim, demand, or damage, including legal fees, asserted by any third party due to or arising out of the your use of the Site or Your Legacy Lives Material.
Modification to Terms and Conditions
Your Legacy Lives reserves the right to change the Terms or policies regarding the use of the Site at any time and to notify you by updating the Site. Other terms and conditions are only valid when signed in writing by an authorized Your Legacy Lives officer.
The invalidity or unenforceability of any provision of these Terms or the Site’s Disclaimer will not affect the validity or enforceability of any other provision of these Terms or the Site’s Disclaimer and such invalid provision will be deemed to be severable.
These terms and conditions and the Site’s Disclaimer merges and integrates all prior and contemporaneous discussions regarding the subject matter herein and constitute the whole agreement between You and Your Legacy Lives, LLC. Theses Terms and Conditions may not be modified, except in writing signed by a duly authorized representative of Your Legacy Lives.
No failure or delay, on the part of Your Legacy Lives, in exercising any right or power under these Terms will operate as a waiver of such right or power.
The Terms are governed by the laws of the California, USA as such laws apply to contracts entered into and performed in the State of California between California residents. Any claim, dispute or action, except a claim for injunctive relief, shall be brought to arbitration pursuant to the Arbitration provision stated below in Alameda County, California.
Waiver of Class Action Arbitration. Only disputes involving You and Your Legacy Lives may be addressed in the arbitration. YOU AGREE THAT YOU CANNOT PURSUE ANY DISPUTE AS A “CLASS ACTION” AND YOU HEREBY WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN ANY SUCH CLASS ACTION OR TO INITIATE SUCH CLASS ACTION. This means that the arbitration may not address disputes involving persons other than You and Your Legacy Lives, regardless of whether such disputes are similar in any respect.
YOU WILL NOT HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH THE APPLICABLE ARBITRATION RULES GOVERNING THE REVIEW OF ARBITRATION AWARDS. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
Arbitration Procedures. The Parties agree to submit any and all disputes to binding arbitration with the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules most recently in effect. All applicable statutes of limitations to the claim, disagreement or dispute shall also apply to any arbitration, and neither Party may demand arbitration after the applicable statute of limitation for commencing litigation has expired.