User Terms of Service
Last Updated January 3, 2019
PLEASE READ THESE USER TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.
THE SERVICE IS BEING PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND SHALL NOT BE CONSTRUED AS RENDERING LEGAL ADVICE OR CREATING AN ATTORNEY-CLIENT RELATIONSHIP.
AS SUCH, THE RESULTS FROM YOUR USE OF THE SERVICES, INCLUDING THE LEGALCHECK™ REPORT IS NOT TO BE CONSIDERED ATTORNEY-CLIENT WORK PRODUCT, NOR WILL IT DEEMED A PRIVILEGED OR CONFIDENTIAL COMMUNICATION AND MAY BE SUBPOEANED BY REGULATORY AUTHORITIES OR PRIVATE CLAIMANTS IN THE EVENT OF A REGULATORY ACTION OR PRIVATE CIVIL ACTION.
The following constitute the terms of Terms of Service (“Terms of Service”) between you (referred to as "you", "your", "User") and LegalCheck, LLC (referred to as the "Company," "we," or "us") with respect to your use of our web sites at www.mylegalcheck.com. www.legalcheck.us and www.legalcheck.biz (collectively, the ‘Site’) and with respect to the LegalCheck™ compliance and risk assessment service (the “Service’). The Company operates the Service on the Site including all text, reviews, audio-visual works including video, communications, content, information, communications, postings, editorial, products, pictures, tools, reports, product specifications, materials, documents, products, software, logos, graphics, sounds, images, data, services, including without limitation the final report on findings from your use of the Service (the “LegalCheck™ Report”) and the underlying intellectual property rights thereto (collectively the "Content").
By accessing, using the Service and/or accessing or downloading any element of the Site, including your LegalCheck™ Report (defined below), you acknowledge your agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, please do not access this Site or otherwise use the Services and/or or download any element of the Site. We reserve the right to update or modify these Terms of Service at any time, and without prior notice to you. Your use of the Site and Services following such modification or update constitutes your acceptance to be bound by these Terms of Service as changed or modified. We encourage you to read through and review these Terms of Service each time you access or use the Service.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, YOU MUST NOT USE THIS SITE.
ANY INFORMATION CONTAINED IN THE SERVICE IS ONLY REFLECTIVE OF THE SPECIFIED STATE AND FEDERAL REFULATIONS RELATED TO SUCH ISSUE AS OF DECEMBER 1, 2018, AS WELL AS COMMON PRACTICES BASED UPON PROFESSIONAL EXPERIENCE OF BUSINESSES SEEKING TO MITIGATE LIABILITY. THE QUESTIONS, RESPONSES AND INFORMATION PROVIDED HEREIN ARE NOT EXHAUSTIVE, MAY NOT BE COMPLETE AND DO NOT COVER EVER SITUATION. AS SUCH, THIS SERVICE IS NOT A REPLACEMENT FOR PROFESSIONAL ADVICE AND THE USER SHOULD CONSULT WITH THEIR OWN PROFESSIONAL ADVISORS REGARDING HOW THE FINDINGS IN THE REPORT MAY AFFECT THEM.
THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS IN PRICING, SPECIFICATIONS, INFORMATION OR OTHER ERRORS PERTAINING TO THE CONTENT DEPICTED THROUGH THIS SERVICE.
THE SERVICE DOES NOT ESPOUSE OR ENDORSE ANY SPECIFIC COURSE OF ACTION AND DOES NOT MAKE ANY SPECIFIC RECOMMENDATIONS TO A USER BASED UPON THE LEGALCHECK™ REPORT. INDIVIDUAL CIRCUMSTANCES MAY VARY AND NOT EVERY BEST PRACTICE SPECIFIED HEREIN IS APPROPRIATE FOR EVERY BUSINESS. NOTHING CONTAINED IN THE CONTENT OR THIS SITE IS INTENDED TO CONSTITUTE A WARRANTY, AND THE USER SHALL BE RESPONSBILE TO CONSULT WITH A LICENSED LEGAL PROFESSIONAL AS TO THE INTREPRETATION OF AND THE APPROPRIATENESS OF THE RESULTS PRODUCED BY USING THE SERVICE.
THE SERVICE MAY BE LIMITED TO CERTAIN JURISIDICTIONS AND MAY NOT BE AVAILABLE IN THE USER’S STATE. WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT USERS NOT WITHIN THE COVERED STATES PURCHASE THE SERVICE, IF THE USER DISREGARDS THESE WARNINGS, THE COMPANY IS NOT RESPONSIBLE FOR MISTAKES CAUSED BY THE USER IF THE SERVICE DOES NOT APPLY TO THEIR BUSINESS’ STATE OF DOMICILE.
3. Ownership. You acknowledge that all Content shall be owned by the Company, including the contents of your LegalCheck™ Report The Content is protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols shall be the trademarks of their respective owners. You agree that any comments on reviews (“User Generated Content”) that you post regarding Products will be your own personal opinion and shall comply with these Terms of Service. You hereby grant us a non-exclusive, worldwide, perpetual, sub-licensable (through multiple tiers) royalty-free right and license to publish your User Generated Content on our Site and use your User Generated Content as testimonial or endorsement for the Products.
4. License. In exchange for your payment of the subscription price, for a period of ninety (90) days from the date your purchase access to the Service, we hereby grant you the right to view and use this Site in accordance with these Terms of Service. You may download and/or print a copy of your LegalCheck™ Report solely for your personal use of your small business (the "Permitted Uses") provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. You agree that your use of the Service is limited to one (1) business and you shall be required to purchase an additional subscription for any other business you may own and wish to use the Services.
At the expiration of the ninety (90) day term, your access to the Service will be terminated and should you wish to use the Service in the future, you will be required to pay another subscription fee. The Company is not responsible if you fail to complete your assessment or download your LegalCheck™ Report before your access is terminated and you will not be entitled to a refund if you fail to do so.
You agree to use the Content lawfully and only for the Permitted Uses. No other use of the Content is permitted. Permission to reprint or electronically reproduce or make derivative works from any document, photograph or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the Company. Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site, the Service, the Content or any portion thereof without our prior written consent in each instance.
5. Trademarks. All of the trademarks, service marks, and logos displayed on this Site (the "Trademarks") are registered and unregistered trademarks of LegalCheck, LLC, its affiliates, or third parties. Nothing in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
6. Usage Rules.
We reserve the right to deny you access to any and all parts of this Site and terminate your account, for violation of these terms of Service in our sole discretion. The following rules shall govern your conduct regarding the use of the Site.
(a) Unlawful Purposes. In order to create a valuable service to users, certain types of activities and communications are prohibited. As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Service.
(b) Unsolicited Information. This Site may provide opportunities to provide us feedback regarding the Site, the Service, the Content and our various offerings and other unsolicited submissions (collectively "Unsolicited Information"). You may only provide Unsolicited Information that conforms to these Terms of Service. We welcome your comments and feedback concerning the Site, the Content or the Service, including clarification or improvement of modules as well as new module ideas, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information without further obligation to you.
(c) Prohibition on Use by Minors. This Site is intended for adult business owners that are legally able to engage in commercial transactions. MINORS UNDER THE AGE OF MAJORITYARE NOT PERMITTED TO USE THIS SITE, SUBMIT ANY PERSONAL DATA, UNSOLICITED INFORMATION OR ENGAGE IN THE PURCHASE THIS SERVICE WITHOUT THE EXPRESS PERMISSION OF A LEGAL GUARDIAN OR PARENT.
(d) Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site using your account information for any purpose. BE ADVISED THAT WE ARE NOT RESPONSIBLE FOR LOST OR STOLEN USER NAMES AND PASSWORDS (“SECURITY INFORMATION”) AND YOU ARE TO CONTACT US IMMEDIATELY IN SUCH EVENT TO CHANGE YOUR ACCOUNT ACCESS IN CASE YOUR SECURITY INFORMATION HAS BEEN COMPROMISED. YOU ARE FURTHER ADVISED TO KEEP YOUR SECURITY INFORMATION SECURE TO MINIMIZE THE RISK OF FRAUD.
(e) Interference with Other Users’ Use. You shall not interfere with other users' use of the Site, including, without limitation, spamming or otherwise using abusive tactics related to the Service to deter others from subscribing to the Service.
(h) Harmful Code. You shall not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
7. Data Back-up
We are not responsible for backing up your data, your LegalCheck™ Report or other type of data attributed to your use of the Service or the Site. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF DOWNLOADING AND BACKING UP YOUR LEGALCHECK™ REPORT, AS WELL AS PROOF OF YOUR SUBSCRIPTION PURCHASES.. EXCEPT TO THE EXTENT OTHERWISES POHIBITED BY LAW, YOU EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOST CONTENT, LEGALCHECK™ REPORTS OR ANY INFORMATION PERTAINING TO YOUR USE OF THE SERVICE.
B. DISCLAIMER OF WARRANTIES. THIS SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE., TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SITE OR ACCESS TO THE SERVICES BY USERS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Indemnification. You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, managers, employees, agents, information providers, partners, vendors, advertisers and suppliers (the "The Protected Parties") from and against all losses, expenses, liabilities, damages and costs, including reasonable attorney's fees, resulting from (a) provision of Unsolicited Information by you, or (b) your use of the Service or Site; and/or (c) your breach of the terms of these Terms of Service, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your account.
10. WAIVER, RELEASE AND LIMITATION OF LIABILITY. YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE SUBSCRIPTION FEES PAID BY THE USER TO THE COMPANY FOR THE SPECIFIC SERVICE PURCHASED BY USER, IF ANY. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS SITE OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR USER GENERATED CONTENT OR LOSS OF YOUR PRODUCT ORDER INFORMATION, THAT AND DAMAGES OR LOSSESS YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SITE, SERVICE OR OUR EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE SERVICE AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SERVICE, SITE, THE CONTENT, OR YOUR USER GENERATED CONTENT WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
11. Third Party Rights. The provisions of paragraphs 9 (Indemnification) and 10 (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
12. User Representations. You represent and warrant that you are the age of majority in the state which you reside and that you possess the legal right and ability to enter into these Terms of Service and to use the Service in accordance with these Terms of Service. If you are not of majority age, you may have a parent or guardian accept these Terms of Service on your behalf. You agree to be financially responsible for your use of the Site (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms of Service.
13. 30 Day Money Back Guarantee. Provided You have not downloaded your LegalCheck™ Report, You may request a refund if you are not satisfied with your purchase by sending a written request including your name, business name, address, date of purchase and product order (i.e. LegalCheck™ Basic, LegalCheck™ Gold, etc…) to:
PO Box 2320
Evergreen, CO 80437
Only requests received within 30 days of purchase will be honored for the 30-day Money Back Guarantee. We will process your refund less credit card processing fees within 30 days of receiving a compliant request. If you download your LegalCheck™ Report or do not provide the full information required within the time prescribed, you will not be eligible for a refund.
15. Notice. We may deliver notice to you under these Terms of Service by means of electronic mail, a general notice on the Site, by email or by written communication delivered by first class U. S. mail to your address on record in your account information, if any. You may give notice to us at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
P.O. Box 2320
Evergreen, CO 80437
Attn: Legal Department