TERMS AND CONDITIONS OF USE OF THIS SITEPLEASE READ THESE TERMS AND CONDITIONS OF USE OF THIS SITE AND SITE CONTENT (THE "TERMS") CAREFULLY BEFORE USING THIS SITE AND SITE CONTENT. THEY GOVERN YOUR ACCESS AND USE OF THIS SITE AND SITE CONTENT. BY ACCESSING OR USING THIS SITE OR DOWNLOADING ANY SITE CONTENT FROM THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND THE TERMS AND CONDITIONS OF LIBERTYLEGALFORMS PRIVACY POLICY, WHICH IS PUBLISHED AT HTTP://WWW.LIBERTYLEGALFORMS.COM/PRIVACY AND WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH OR DO NOT ACCEPT ANY OF THE TERMS AND TERMS OF THE PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY AND REFRAIN FROM ANY FURTHER ACCESS AND USE OF THIS SITE AND SITE CONTENT. The term "you," "your" or "yourself" shall refer to the user who is browsing and accessing this Site and Site Content. 1. Disclaimer. LIBERTYLEGALFORMS DOES NOT PRACTICE LAW AND DOES NOT PROVIDE ANY LEGAL ADVICE. NO ATTORNEY CLIENT RELATIONSHIP WITH LIBERTIYLEGALFORMS, ITS AFFILIATES, PARTNERS, AGENTS AND THEIR OWNERS, OFFICERS, AND EMPLOYEES IS CREATED BY YOUR USE OF THIS SITE AND SITE CONTENT. YOU AGREE AND ACKNOWLEDGE THAT THE SITE CONTENT, INCLUDING THE FORMS ARE NOT INTENDED AND ARE NOT A SUBSTITUTE FOR LEGAL ADVICE. THIS SITE AND SITE CONTENT SHOULD NOT BE USED AS A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. A LICENSED ATTORNEY SHOULD BE CONSULTED FOR ALL SERIOUS LEGAL MATTERS. THE FORMS PROVIDED ON THIS SITE MAY NEED TO BE MODIFIED TO SUIT YOUR PARTICULAR NEEDS AND TO COMPLY WITH STATE LAW REQUIREMENTS. 2. Changes, Termination. LibertyLegalForms reserves the right, to change the Terms and any policies and guidelines incorporated herein by reference, at any time and without notice. Changes to the Terms, policies and guidelines shall be immediately effective when posted to this Site. YOUR ACCESS TO AND CONTINUED USE OF THIS SITE AND/OR SITE CONTENT AFTER ANY CHANGES ARE POSTED SHALL CONSTITUTE ACCEPTANCE OF THE REVISED TERMS, POLICIES AND GUIDELINES. You agree that LibertyLegalForms may at any time, terminate, change, suspend or discontinue any portion of this Site, including the availability of any features of this Site or any Site Content, and/or at any time, LibertyLegalForms may also impose limits on certain features and services or restrict your access to parts or all of this Site or Site Content without notice to you or liability on the part of LibertyLegalForms. You agree that LibertyLegalForms may at any time, terminate the authorization, access, rights and license granted herein, including your right to access this Site and Site Content. Your access to this Site may be monitored by LibertyLegalForms. The terms of Sections 1, 4, and 8 through 13 shall survive any such termination. 3. Privacy Policy. LibertyLegalForms is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at http://www.libertylegalforms.com/privacy/ 4. Ownership; Copyright and Trademark Information. All Site Content and Site Code is the exclusive property of LibertyLegalForms or its licensors. All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in, associated with or utilized on this Site, the Site Content or Site Code are the properties of LibertyLegalForms or its licensors. The names of other companies and products mentioned herein may be the trademarks of their respective owners. Nothing in these Terms or any Site Content shall convey to you an ownership interest in any trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in this Site or any Site Content or Site Code. All Site Content and Site Code is Copyright © 2007, LibertyLegalForms.com and/or subject to the copyright of its licensors or third-party content providers. All rights reserved. "Site Content" means any and all forms, data, software, text, information, material, statements and images, as well as graphics, interactive features, video and audio, if any, displayed and/or used on this Site. "Site Code" refers to any and all underlying elements of this Site, including, but not limited to, any source code, object code and other sets of statements or instructions that relate to the operation or functions of this Site. 5. Limited License. Subject to the terms and conditions set forth herein and subject to your compliance with the Terms, LibertyLegalForms grants you a non-exclusive, non-transferable, terminable, limited right to access and use this Site and Site Content for informational purposes only. LibertyLegalForms authorizes you to view and download Site Content only for your personal, non-commercial use. THE LEGAL FORMS AVAILABLE ON THIS SITE MAY BE USED OR MODIFIED FOR USE IN CONJUNCTION WITH A DISCRETE PERSONAL OR COMMERCIAL TRANSACTION, BUT THEY MAY NOT BE REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE DISSEMINATED FOR ANY OTHER PURPOSE WHATSOEVER, REGARDLESS OF WHETHER FOR PROFIT OR NOT FOR PROFIT. You agree (a) that except as specifically authorized by the Terms, you will not copy, reproduce, republish, upload, create derivative works, post, transmit or distribute (or facilitate someone else in copying, reproducing, uploading, creating derivative works, posting, transmitting or distributing) any Site Content or Site Code to any one for any purpose; (b) not to alter Site Content or Site Code in any manner or use such Site Content or Site Code in a manner not authorized by the Terms; (c) not to interrupt or attempt to interrupt the operation of this Site in any way; (d) not to place any Site Content or Site Code on a network; and (e) except as otherwise expressly provided in "External Links to this Site" herein, not to frame, link, associate with advertisements or commercially exploit this Site, Site Content or Site Code. In addition, you must retain on all Site Content downloaded, all copyright, trademark, service mark and other proprietary notices contained in Site Content. In order to access some features of this Site, you will have to create an account. You agree to never use another users account without such user’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify LibertyLegalForms immediately of any breach of security or unauthorized use of your account. Although LibertyLegalForms will not be liable for your losses caused by any unauthorized use of your account, you will be liable for the losses of LibertyLegalForms or others due to such unauthorized use. 6. Third Party Sites. As a convenience to you, LibertyLegalForms may provide on this Site, links to web sites operated by third parties, including access to content, products and services that are not maintained or controlled by LibertyLegalForms. LibertyLegalForms has no control over any such third party web sites, the contents therein or the products/services offered by such third parties. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You are solely responsible for complying with the terms of use of any such third-party web site and you shall bear all risks associated with the use of such web sites. LIBERTYLEGALFORMS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LIBERTYLEGALFORMS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LibertyLegalForms recommends that you read the policies and terms of use posted on other Web sites regarding privacy and other topics before using those sites. LibertyLegalForms is not responsible for any loss or damage of any sort you may incur from accessing any third party sites and/or dealing with any third party. 7. External Links to this Site. All links to this Site must be pre-approved in writing by LibertyLegalForms. Should you wish to link to this Site, please contact LibertyLegalForms in writing and your request will be given due consideration. LibertyLegalForms reserves the right to withhold consent or revoke consent to link to this Site at any time in its sole discretion. 8. Information/Submission Provided By You. Any personally identifiable information you may provide to LibertyLegalForms via this Site is protected by LibertyLegalForms as set forth in the Privacy Policy associated with this Site. LibertyLegalForms does not want you to, and you should not, send any confidential or proprietary information to LibertyLegalForms via this Site. You agree that any information, materials, ideas, forms, suggestions, concepts and/or know-how that you or individuals acting on your behalf provide to LibertyLegalForms (collectively "Submissions") will not be considered confidential or proprietary. By submitting any such Submissions to LibertyLegalForms, you grant to LibertyLegalForms an unrestricted, irrevocable, worldwide, royalty-free license (with right to sublicense others) to use, reproduce, display, publicly perform, create derivative works, transmit and distribute such Submissions in connection with (a) this Site and LibertyLegalForms (and its successors) business and (b) to develop, market, manufacture and sell products or services based upon such Submissions. If you do not want a Submission to become licensed automatically in accordance with these Terms, please make no Submissions to LibertyLegalForms or through this Site. You warrant that you will not provide any Submissions to LibertyLegalForms which (a) is defamatory, harassing, threatening, invades privacy, or is obscene or pornographic; (b) infringes the intellectual property rights, including copyrights, of any third party; (c) violates any law or regulation; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or are a solicitation for goods or services; (f) transmits "spam," "chain letters," "junk mail," or "pyramid schemes"; (g) violates a contract or a confidential relationship or relationship to which you owe a duty of loyalty; and (h) contains software viruses or any other computer code, file or program that functions to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 9. Disclaimer of Warranties. Your use of this Site, Site Content and Site Code is entirely at your own risk. The information posted to this Site and the Site Content may contain inaccuracies and typographical errors. THIS SITE, THE SITE CONTENT AND SITE CODE ARE PROVIDED "AS IS" AND "AS AVAILABLE." LIBERTYLEGALFORMS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND RELATING TO YOUR ACCESS AND/OR USE OF THIS SITE, THE SITE CONTENT AND THE SITE CODE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (A) SUITABILITY FOR ANY PARTICULAR PURPOSE OR FITNESS FOR A PARTICULAR PURPOSE, (B) MERCHANTABILITY, (C) ACCURACY, USEFULNESS, ADEQUACY AND COMPLETENESS OF THE SITE CONTENT, (D) NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND (E) FREEDOM FROM INTERRUPTION, DELAY, ERRORS, TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES AND OTHER HARMFUL COMPONENTS. WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION. 10. Limitation of Damages. IN NO EVENT SHALL LIBERTYLEGALFORMS, ITS AFFILIATES AND THEIR OFFICERS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH (A) YOUR OR ANY PARTY'S ACCESS OR USE OF THIS SITE, SITE CONTENT AND/OR SITE CODE, (B) YOUR INABILITY TO ACCESS OR USE THIS SITE, OR (C) ANY ERROR, MISTAKES OR INACCURACIES OF THE SITE CONTENT; (D) ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, TRANSMISSION OF COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY SITE CONTENT, EVEN IF LIBERTYLEGALFORMS IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 11. Indemnification. You agree to defend, indemnify and hold harmless LibertyLegalForms, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) your use of and access to this Site and/or Site Content and/or (b) breach by you of the Terms. 12. Ability to Accept Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. 13. Choice of Law, Notice Regarding State Laws, Jurisdiction, Entire Agreement. This Site is controlled, operated and administered by LibertyLegalForms from its offices within the United States of America. This Site, Site Content, and Site Code are appropriate for use in the United States only, and products or services offered through this Site are appropriate or available for use in the United States only. Those who choose to access this Site and Site Content from locations outside the United States do so on their own initiative and risk and are responsible for compliance with local laws. Users located outside the United States should not provide any personal information or personally identifiable information via this Site. By providing personal information to this Site, all users, fully understand and consent to the collection and processing of such information in the United States of America. You may not use this Site or export Site Content in violation of U.S. export laws and regulations. All matters relating to your access to, and use of, this Site shall be governed by the laws of the Commonwealth of Massachusetts without giving effect to its conflict of laws provisions. You agree and represent that you have carefully considered the Terms and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of LibertyLegalForms. The Terms constitute the entire agreement between LibertyLegalForms and you with respect to the matters contained herein. Any cause of action you may have with respect to the matters contained herein or your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a body with proper jurisdiction finds any provision(s) of the Terms or a portion thereof, to be unenforceable, you and LibertyLegalForms agree (without waiving rights of appeal) that unenforceable provision(s) shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. These Terms and any rights and licenses granted hereunder, may not be transferred or assignment by you, but may be assigned by LibertyLegalForms without restriction. 14. Refund Policy. Subscribers to LibertyLegalFroms.com site may cancel all or part of their services at any time. Cancellation shall be effective as of the last day of the current monthly billing cycle. Notice of cancellation must be in writing and sent via email listed in the Contact section of the LibertyLegalForms.com site. Refunds: If for any reason, you are not satisfied with the legal document that is produced from this LibertyLegalForms.com site, and you request a refund, a full refund will be provided to you, as long as you request such a refund in writing no longer than ten (10) days after you download the legal form. Please make your refund requests via via email to billing@libertylegalforms.com. |