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.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Launch By LegalShield.com 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 Launch By LegalShield software. Launch By LegalShield hosts its software as a backend service for customers when they create their own documents. The Launch By LegalShield Services also include a review of your answers for completeness, spelling, 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. Launch By LegalShield and its subsidiaries is not a law firm and may not perform services performed by an attorney nor is it a substitute for the advice or services of an attorney.
This Site and Applications are not intended to create any attorney-client relationship, and your use of Launch By LegalShield does not and will not create an attorney-client relationship between you and Launch By LegalShield.
Launch By LegalShield strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Launch By LegalShield 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 Launch By LegalShield provides can fit every circumstance.
From time to time, Launch By LegalShield 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 Launch By LegalShield through the performance of any such services.
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 Launch By LegalShield immediately of any unauthorized use of your account, user name or password. Launch By LegalShield 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 Launch By LegalShield, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
This Site and Applications are owned and operated by Launch By LegalShield.com, Inc. 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 Launch By LegalShield or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Launch By LegalShield, 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 Launch By LegalShield’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. Launch By LegalShield does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Launch By LegalShield. Any rights not expressly granted herein are reserved by Launch By LegalShield.
Limited Permission to Download
Links to Third Party Sites
This Site and Applications may contain links to websites controlled by parties other than Launch By LegalShield (each a “Third Party Site”). Launch By LegalShield works with a number of partners and affiliates whose sites are linked with Launch By LegalShield. Launch By LegalShield may also provide links to other citations or resources with whom it is not affiliated. Launch By LegalShield 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. Launch By LegalShield makes no guarantees about the content or quality of the products or services provided by such sites. Launch By LegalShield is not responsible for webcasting or any other form of transmission received from any Third Party Site. Launch By LegalShield is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Launch By LegalShield of the Third Party Site, nor does it imply that Launch By LegalShield 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 Launch By LegalShield 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.
Use of Launch By LegalShield Legal Forms
· License to Use.
Launch By LegalShield 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 Launch By LegalShield.com.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Center at (844)699-7076. In the unlikely event that the Launch By LegalShield Customer Care Center is unable to resolve your complaint to your satisfaction (or if Launch By LegalShield 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, Launch By LegalShield will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney’s fees from Launch By LegalShield to the same extent or more as you would in court.
Under certain circumstances (as explained below), Launch By LegalShield will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what Launch By LegalShield offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
· Launch By LegalShield 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 “Launch By LegalShield,” “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.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. 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 Launch By LegalShield 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 (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
· 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 Launch By LegalShield should be addressed to: Notice of Dispute, General Counsel, Launch By LegalShield.com, Inc 4101 McEwen Rd Suite 465 Farmers Branch TX 75244 (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 Launch By LegalShield and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Launch By LegalShield may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Launch By LegalShield or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Launch By LegalShield is entitled.
· After Launch By LegalShield receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Launch By LegalShield will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (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. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Launch By LegalShield and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. 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. 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 Launch By LegalShield was a party. Except as otherwise provided for herein, Launch By LegalShield will 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 Launch By LegalShield 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 relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules. For business formations in the State of North Carolina, any arbitration hearings will take place in the State of North Carolina.
· 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 Launch By LegalShield’s last written settlement offer made before an arbitrator was selected, then Launch By LegalShield will:
· pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater; and
· pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney’s payment”).
· If Launch By LegalShield did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. 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. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Launch By LegalShield’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before Launch By LegalShield’s settlement offer.
· 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. Although under some laws Launch By LegalShield may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding, Launch By LegalShield will not seek such an award.
· 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 LAUNCH BY LEGALSHIELD 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. Further, unless both you and Launch By LegalShield 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. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
· If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
· Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
Reviews, Comments, Communications, and Other Content
Rights and Responsibilities of Launch By LegalShield
Launch By LegalShield is not the publisher or author of the User Content. Launch By LegalShield 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, Launch By LegalShield takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If Launch By LegalShield’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, Launch By LegalShield reserves the right to delete those files or to stop those processes. If the Launch By LegalShield technical staff suspects a user name is being used by someone who is not authorized by the proper user, Launch By LegalShield may temporarily disable that user’s access in order to preserve system security. In all such cases, Launch By LegalShield will contact the member as soon as feasible.
Launch By LegalShield 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.
Rights and Responsibilities of Launch By LegalShield 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 Launch By LegalShield 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;
- 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 Launch By LegalShield 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.
You are not required to provide your real name when signing up as a user of Launch By LegalShield. Launch By LegalShield 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 Launch By LegalShield may use your email address to contact you about the status of your review and other administrative purposes.
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, LAUNCH BY LEGALSHIELD 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.
LAUNCH BY LEGALSHIELD 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. LAUNCH BY LEGALSHIELD 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. THE PROVISIONS IN THE NO WARRANTY SECTION ABOVE DO NOT APPLY TO NORTH CAROLINA CUSTOMERS.
NOTWITHSTANDING THE ABOVE, LAUNCH BY LEGALSHIELD OFFERS A 60 DAY SATISFACTION GUARANTEE, THE TERMS OF WHICH ARE AVAILABLE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD LAUNCH BY LEGALSHIELD 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 YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF LAUNCH BY LEGALSHIELD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF LAUNCH BY LEGALSHIELD, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CUSTOMERS.
Compliance with Intellectual Property Laws
When accessing Launch By LegalShield or using the Launch By LegalShield 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 Launch By LegalShield user account.
Launch By LegalShield has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Launch By LegalShield or of a third party or that violate intellectual property rights generally. Launch By LegalShield’s policy is to remove such infringing content or materials and investigate such allegations immediately.
- Launch By LegalShield 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:
c/o Launch By LegalShield.com, Inc.
1 Prepaid Way
Ada, OK 78420
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 Austin, Texas, 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.
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.
- Personal Use
The site is made available for your personal use on your own behalf.
Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
- Governing Law; Venue
All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Launch By LegalShield.com, Inc. ALL RIGHTS RESERVED.
Launch By LegalShield, Launch By LegalShield.com, the bi-colored Logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Launch By LegalShield. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
BY USING LAUNCH BY LEGALSHIELD’S SERVICES OR ACCESSING THE LAUNCH BY LEGALSHIELD SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO LAUNCH BY LEGALSHIELD VIA THE LAUNCH BY LEGALSHIELD SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO LAUNCH BY LEGALSHIELD, AND THAT LAUNCH BY LEGALSHIELD 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).
Right to Refuse
You acknowledge that Launch By LegalShield reserves the right to refuse service to anyone and to cancel user access at any time.
Supplemental Terms of Service for Company Dashboard
In addition to the Launch By LegalShield.com, Inc. (“Launch By LegalShield”) Terms of Service that govern your use of the Launch By LegalShield website, these supplemental terms of service (the “Supplemental Terms” or the “Agreement”) constitute a legal agreement between you and Launch By LegalShield detailing the terms of your use of the Launch By LegalShield Company Dashboard (the “Dashboard”) and certain subscription-based services, some or all of which may be offered or accessible through the Dashboard (the “Subscription Services”). Launch By LegalShield hereby provides you with Subscription Services and with access to the Dashboard, for a fixed term of either one month, one year, or two years (the “Term”), at the level associated with the Subscription Services you purchased or your status as an entity formed by Launch By LegalShield (your “Level of Access”). This Agreement is effective as of the date you accept its terms by clicking on the link below.
THIS AGREEMENT – TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, LICENSES, AND ALL OF THE LAUNCH BY LEGALSHIELD TERMS, RULES, AND POLICIES – COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND LAUNCH BY LEGALSHIELD. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS OR DELETIONS ARE NOT ACCEPTABLE AND LAUNCH BY LEGALSHIELD MAY REFUSE ACCESS TO THE DASHBOARD OR DENY USE OF SUBSCRIPTION SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Description of Dashboard and Subscription Services. Launch By LegalShield licenses you to access and use the Dashboard and the Subscription Services during the Term, which services may include (but are not limited to) Registered Agent Services and Minutes Manager. Unless explicitly stated otherwise, any new features that augment or enhance the current Dashboard or Subscription Services, including the release of new Subscription Services, shall be subject to these Terms of Service. Launch By LegalShield may subcontract any Subscription Services or any work, obligations, or other performance required under Subscription Services without your consent.
To use the Dashboard and the Subscription Services offered therein, you 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. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access.
2. License Grants. Launch By LegalShield grants you a non-exclusive, non-transferable worldwide right to use the Dashboard at your Level of Access during the Term, subject to these Supplemental Terms. You grant to Launch By LegalShield the non-exclusive, worldwide, right to use, copy, store, transmit, and display the information entered into the Dashboard solely to the extent necessary to allow access to the Dashboard as requested by you for the purpose of providing the Subscription Services. You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Dashboard or any content therein; or (ii) modify, edit, reproduce, reverse engineer, alter, enhance, make derivative works based on or referring to, or in any way exploit the Dashboard, its content, or its source code, except for modifications based on access and use of the Dashboard specifically authorized by these Supplemental Terms. All rights not expressly granted to you are reserved by Launch By LegalShield and its licensors.
3. Limitation of Availability. The Dashboard may not be accessible, in whole or in part, in all areas, and Launch By LegalShield does not guarantee the accessibility, in whole or in part, of the Dashboard to all users. Certain Levels of Access, or access to all or part of the Dashboard, may be contingent on the purchase and maintenance of certain Subscription Services. If you’re not sure whether or not full or partial access to the Dashboard is available in your area, or if certain functions or content is accessible at your Level of Access, you can email us at customercare@Launch By LegalShield.com.
4. General Practices Regarding Use and Storage. You acknowledge that Launch By LegalShield may establish general practices and limits concerning use of the Dashboard and the Subscription Services, including without limitation the maximum number of days that data, schedules, calendars, or other uploaded content will be retained by the Dashboard, the maximum number of messages that may be sent from or received by an account on the Dashboard, the maximum size of any message that may be sent from or received by an account on the Dashboard, the maximum disk space that will be allotted on Launch By LegalShield’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Dashboard in a given period of time. You agree that Launch By LegalShield has no responsibility or liability for the deletion or failure to store any messages, other communications, or other content maintained or transmitted by the Dashboard. You acknowledge that Launch By LegalShield reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
5. Your Information. All information provided by you to the Dashboard (either directly or through other parties) shall remain the sole property of you or such third parties, as applicable, unless you are notified specifically in advance. You, not Launch By LegalShield, have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and copyright of your information, and Launch By LegalShield is not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any such information. Launch By LegalShield reserves the right to withhold, remove, and/or discard your information without notice for any breach, including, without limitation, your non-payment. On termination, your right to access or use the Dashboard, the Subscription Services, and your information as contained therein will cease immediately, and Launch By LegalShield will have no obligation to maintain or forward any of your information.
You are responsible for all directions, orders, notifications, expenses incurred, or other actions that may occur through your use of the Dashboard or the Subscription Services. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of the Subscription Services, the Dashboard or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
6. Authority to Enter Agreement. If you are entering into these Supplemental Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or if you do not agree with these Supplemental Terms, you may not sign up for or use the Subscription Services or the Dashboard. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in these Supplemental Terms and the order you placed, including without limitation, the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.
a. Subscription Fees.
If you purchase a Subscription Service, you agree to pay all charges to your account made therefor, including but not limited to applicable taxes and fees for the use of additional features not included as part of your Subscription Service. You will be charged in accordance with the billing terms in effect at the time the fee or charge becomes payable. For any Subscription Services you purchase that are charged in full upon purchase, you agree that for each renewal term of such Subscription Service (each a “Renewal Term”), the amount due for the next Renewal Term will be due and immediately payable in full as of the first day of such Renewal Term. For each Subscription Service, your charge remains for each Term no matter if you access the Dashboard or Site, or check any messages on either, during any Term. In other words, EVEN IF YOU DO NOT USE THE SUBSCRIPTION SERVICE OR ACCESS THE DASHBOARD, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. For more information regarding canceling your Subscription Services, see the “Termination or Cancellation” section below.
Payment for the initial term of a Subscription Service (the “Initial Term”) is due at the time of purchase.
If you have not opted for automatic renewal of your Subscription Service, Renewal Terms will be invoiced approximately two months before the start date of such Renewal Terms, with date due set no later than the first day of the Renewal Term (the “Billing Date”). The Billing Date will be based on the date of your original purchase. For example, if your purchase date was June 5th, your Billing Date will be July 5th if you have a monthly Term or the next June 5th if you have an annual Term. If your purchase date is the 29th day of February, your Billing Date for renewals in non leap-years only will fall on the 28th. If you have chosen a monthly Term and your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month.
If you have opted for automatic renewal of your Subscription Service, your Subscription Service will renew automatically at the end of the Initial Term and at the end of each Renewal Term thereafter unless and until you give notice of your intention to cancel automatic renewal or terminate your Subscription Service pursuant to this Agreement. If you do not give us notice of either such intention, your credit card will be charged for the Renewal Term of your Subscription Service on your Billing Date. Launch By LegalShield may adjust your Billing Date in subsequent Renewal Terms without notice. This will be reflected by a charge to your account on a pro-rated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless otherwise notified in advance by Launch By LegalShield pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Subscription Service.
c. Notice of Automatic Renewal.
If you have opted for automatic renewal of your Subscription Service, we may send a reminder email to the email address of record for your account before your Billing Date. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) your inability to receive, or (iii) the failure of Launch By LegalShield to send the email does not create any liability on the part of Launch By LegalShield or any third-party service provider.
d. Cancellation of Automatic Renewal.
To cancel the automatic renewal of a Subscription Service, you must notify Launch By LegalShield of your intent to cancel by calling our Customer Care Dashboard at 844-699-7076. Launch By LegalShield agrees that when it receives notice of this cancellation under the conditions stated above, no further charges will be billed to your credit card automatically. Instead, invoices for Renewal Terms will be sent approximately two months before the Billing Date of the Renewal Term, with date due set no later than that Billing Date. Note that cancelling automatic renewal for a Subscription Service will not terminate your Subscription Service.
e. Promotional Trial Subscriptions.
We sometimes offer certain customers free trial or other promotional subscriptions, which are subject to these Supplemental Terms except as otherwise stated in the promotional offers. At any time before the end of a trial Term, you can cancel your subscription by calling us at 844-699-7076. AT THE COMPLETION OF A TRIAL TERM, UNLESS YOU CHOOSE TO CANCEL, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL TERM.
8. Changes to Subscription Services and Dashboard.
a. General Changes.
Launch By LegalShield may change, modify, add, remove, suspend, cancel or discontinue any aspect of a Subscription Service or the Dashboard, including the functionality, content, and/or availability of any features of such Subscription Service or the Dashboard, at any time in the sole discretion of Launch By LegalShield. We may also impose limits on certain features and services or restrict your access to all or part of the Dashboard or your Subscription Service without notice or liability at any time.
b. Fee Adjustments.
Launch By LegalShield may increase its fees for any Subscription Services effective the first day of a Renewal Term by giving you notice of the new fees at least Sixty (60) days before the beginning of the Renewal Term. If you have and do not cancel automatic renewal as provided in Section 7 or terminate your subscription pursuant to Section 11, you will be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term). Reductions in fees become effective on the next Renewal Term without any pro rata for the Term covered under the prior fee schedule.
9. Registered Agent Services.
a. Service Provider.
You acknowledge and agree that we do or may work with third-party providers and sub-providers (each, a “Registered Agent”) of our choice to provide some or all of the Registered Agent Services. You acknowledge and agree that any such Registered Agent may provide Registered Agent Services to you.
b. Service of Process
You authorize your Registered Agent to receive service of process, including any notices of legal proceedings, other legal notices, or official government communication (collectively, the “Mail”), on your behalf. If available in your area or at your Level of Access, you further authorize your Registered Agent to scan and upload the Mail received on your behalf into your account at the Dashboard. From the Dashboard, or by phone or email, you may direct your Registered Agent to perform the following actions in respect of your Mail (and when you so direct your Registered Agent, you authorize it to do so):
c. Not a Mailing Address.
Unless otherwise specified in this Agreement, your Registered Agent’s services are limited to the receipt and forwarding of items covered by the respective statute, rule, regulation, or contract, and do not include the provision of a business or mailing address independent of such statute, rule, regulation, or contract. Your Registered Agent has no obligation to forward any items received pursuant to any unauthorized use of your Registered Agent’s address (the “Registered Address”) and neither your Registered Agent nor Launch By LegalShield assumes liability to you or any other party for loss of such items. You assume all liability for such losses regardless of whether you had approved or initiated the unauthorized use. Your Registered Agent may seek reimbursement from you for any and all costs incurred in connection with the unauthorized use of the Registered Address. Your Registered Address is for the primary purpose of fulfilling state statutes for “Service of Process” and such address may be used only to receive Mail on your behalf. Unless otherwise specified, the primary business address you list on any filed document needs to reflect the primary business address your company operates from, regardless of what state that address is in.
d. Representation of Registered Address.
You agree not to represent or misleadingly suggest, whether orally, in writing, photographically, or otherwise, that the Registered Address is your place of business, your location of operations or business records, or is a physical address at which third parties can find you. You may not list the Registered Address in your company’s public media, including business cards, brochures, websites, or emails.
e. Misdirected Mail.
You acknowledge that your Registered Agent delivers mail to users; it does not warrant that mail will never be miss-delivered. You acknowledge that in such cases neither Launch By LegalShield nor your Registered Agent is liable to the intended recipient. Your Registered Agent will make its best efforts to notify both the intended recipient and the unintended recipient immediately on discovery of the error and seek immediate retrieval of the item from the unintended recipient.
f. Customer-Returned Mail.
If you refuse or fail to accept Mail forwarded to you from your Registered Agent pursuant to this Agreement, you will bear any costs of return shipping and re-induction of the Mail. At the request of Launch By LegalShield or your Registered Agent, you must sign for or otherwise acknowledge your acceptance of all Mail sent to you by your Registered Agent.
g. Customer Responsibility to Provide Accurate and Updated Information.
It is your responsibility to contact Launch By LegalShield with changes to your contact information and business status (such as dissolved or inactive) within 60 days of the change. Failure to do so may result in the termination of your services. You acknowledge that neither Launch By LegalShield nor your Registered Agent is liable to you for damages resulting from your failure to update or provide accurate information to Launch By LegalShield.
10. Termination or Cancellation.
a. By Launch By LegalShield.
b. By Subscriber.
c. Services after Termination.
After termination of your Subscription Service, either by you or by Launch By LegalShield:
d. Your Obligations on Termination.
After termination and the end of the then-applicable Term, you agree that:
11. No Guarantee. Launch By LegalShield makes no guarantee that all necessary alerts, reminders, filings, requirements, or regulations are incorporated, included, or referenced in the Dashboard or provided by email, or that the information provided by the Dashboard or by email is accurate, reliable, complete, or timely. Furthermore, laws, regulations, and administrative requirements often change, and their application and impact vary from company to company and industry to industry. Accordingly, neither the Dashboard nor any email communication is intended to provide or substitute for accounting, legal, business, tax, or other professional advice or services. They are offered for information purposes only and the Dashboard serves only as a venue for individuals to record specific information. The Dashboard, any email communications, and the information contained in any of these are not and should not be construed or relied on as legal advice. Compliance with all laws and regulations remains your sole and absolute responsibility. Before taking any business or legal action based on information from the Site, the Dashboard, or any email communication, you should consult with a financial or legal professional to verify deadlines and determine whether such actions are appropriate for you based on your personal or business needs. No representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of the Dashboard or the Subscription Services.
12. Indemnification. You specifically indemnify Launch By LegalShield and hold us harmless from any and all liability, claims, damages, losses, or causes of actions arising from our inspection of your Mail or from the release of information regarding you or your use of the Subscription Services to any local, state, or national agency or to the USPS, or to a private party whose subpoena you fail to contest as specified by us. Except as provided herein, we will preserve the confidentiality of your Mail’s contents with respect to third parties and will not use or disclose information contained in your Mail other than to carry out the purposes for which you disclosed that information.
You agree to protect, defend, indemnify, and hold Launch By LegalShield harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages, and expenses (including attorneys’ fees and all related costs and expenses of litigation at arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by us, including, without limitation, any claim for personal injury or property damage, arising from:
For purposes of this Agreement, the indemnified parties shall include Launch By LegalShield and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys, and employees.
13. Limitation of Liability.
a. Registered Agent Services.
Any alerts included as part of our Subscription Services may include reminders in the Dashboard or by email of filing deadlines or other important dates. Your failure to view or read the message or inability to receive the message does not create any liability on the part of Launch By LegalShield. The Compliance Calendar is made available to you so you can identify and comply with important deadlines. Compliance with any deadlines, whether or not referenced or communicated in the Dashboard or by email, is always your sole responsibility. Launch By LegalShield will not be liable for any loss of good standing of an entity for any reason.
14. Internal Revenue Service (IRS) Circular 260 Tax Advice Disclosure. To ensure compliance with requirements imposed by the IRS under Circular 260, we inform you that any U.S. federal tax advice contained in any communication from Launch By LegalShield (including information contained in the Dashboard) is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein.