TERMS OF SERVICE

 

 

  1. I understand that my purchase, download, and/or use of any of the Site’s form documents is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to my particular needs. Should I require legal advice regarding the use of the forms and applicability to my particular needs, I may contact Company to set up a consultation with an experienced attorney or otherwise seek out competent legal representation. I understand that until I retain legal counsel, I am representing myself in this legal matter and no attorney-client relationship or privilege is created with Company.

  2. I further understand that any communication made between myself and Company, regardless of its form, is not ever to be considered legal advice or recommendations about my legal rights, remedies, and defenses. Anything I purchase is based off of my own opinions regarding its fitness for my particular needs and I will not make any purchases based on reliance of any communications between myself and Company.

  3. I understand that these Terms of Service require dispute resolution in the form of arbitration rather than by jury trials and I expressly intend to be bound by the Dispute Resolution clause contained in Paragraph # of these Terms of Service.

  4. I understand that Company shall not be responsible for reviewing any of the data or information I submit. I agree to read and review my final documents and shall be solely responsible for its contents.

  5. Limitation of Liability. COMPANY SHALL NOT EVER BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, THAT ARE A RESULT OF, OR ARISE OUT OF OR IN CONNECTION WITH MY USE OR INABILITY TO USE THE SITE OR MATERIALS PROVIDED. THIS LIMITATION APPLIES REGARDLESS OF THE BASIS ON WHICH THE CLAIM IS BROUGHT, INCLUDING, BUT NOT LIMITED TO, LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY. THIS LIMITATION APPLIES EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF DAMAGES. IN SUCH JURISDICTIONS THAT DO NOT ALLOW FOR LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THAT JURISDICTION.

  6. Indemnification. I agree to defend, indemnify and hold harmless Company, its affiliates and subsidiaries, and its respective directors, officers, employees, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, for any indirect, direct, punitive, incidental or consequential damages, injuries, liabilities, losses, costs and expenses (including attorney's fees, litigation expenses and all related costs of any court and/or arbitration proceedings) however it arises, whether in an action of contract, tort, relating to or arising from my use of the Sites any breach by me of these Terms of Service, my negligent or intentional acts, including without limitation any claim for personal injury or property damage, errors or omissions in regard to the subject matter of these Terms of Service, or my failure to comply with applicable laws in my use of the Site. If Company is found to be liable, 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.

  7. Terms of Use. I have read and agree to the Site’s Terms of Use and I understand that the Site’s Terms of Use apply to these Terms of Service, which are incorporated herein by this reference.

  8. Third Party Services. I understand that by purchasing a product that involves a third party, I may be required to accept additional terms and conditions located on the third party’s website. I may be contacted by such third party with further instruction or direction on how to access my products and/or benefits.

  9. Future Products and Services. I understand that this Terms of Service shall apply to all future purchases made subsequent to my initial purchase.

  10. Refunds and Exchanges. I understand that after I purchase any of the items available for download, I have no right to cancel, exchange, request a refund or obtain a credit for any item. All purchases are final. No exceptions.

  11. Suspended Accounts. Where Company finds evidence of suspicious activity in connection with my account (e.g. unauthorized use of my account by another person), I acknowledge and agree that Company may temporarily disable my account in order to investigate the suspicious activity. During this investigation period, I understand that I will not have access to my account or any of the Site’s products and services. Company shall not be liable for any delays caused by these policies and procedures.

  12. Dispute Resolution. Many, if not all, customer concerns can be resolved quickly and efficiently by contacting Company. In the unlikely event that a customer’s complaint is not resolved, I agree that Dispute Resolution by Binding Arbitration shall apply. The parties agree that they will use their best efforts to amicably resolve any dispute arising out of or relating to these Terms of Use.  In the event of a dispute between myself and Company, I agree to resolve the dispute through binding arbitration rather than in a court of general jurisdiction. Arbitration is most often used to settle contractual disputes and is a less formal process 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 of Service will take place on an individual basis meaning class arbitrations are not permitted. All claims, disputes controversies, or disagreements of any kind whatsoever, including any claim arising out of or in connection with my use of Company’s services or the termination of membership, that may arise between the parties, that cannot be resolved amicably shall be settled by final binding arbitration in accordance with the rules of the American Arbitration Association (the "AAA"), and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof.  The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the AAA as modified by these Terms of Service, 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. The arbitrator is bound by these Terms of Use. Unless Company agrees otherwise, any arbitration hearings will take place in Atlanta, Georgia. Final and binding arbitration is the exclusive means for resolving the claims outlined in these Terms of Service. This clause is a waiver of all rights I may have to a civil court action on any disputes outlined herein. The fees and costs of the arbitration shall be borne equally by me and the Company, except that everyone shall each pay their own attorney fees or costs of representation for purposes of the arbitration unless otherwise provided by law.  In the event that a dispute arises concerning compliance with these Terms of Service, either party will be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief to enjoin or restrict the other party from such breach or to enjoin or restrict a third party from inducing any such breach.  In seeking any such relief, however, the moving party will retain the right to have any remaining portion of the controversy resolved by binding confidential arbitration. 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 Company was a party. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these terms including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If any specific provision of this arbitration clause is found to be unenforceable, then it is severable from the rest of the arbitration clause.

  13.  Filing Fees. Filing fees may include, but are not limited to, the following: all mandatory or applicable federal, state, county and local administrative fees, name reservation fees, initial reports, publication notices, capitalization fees, franchise tax fees, expedite fees, certified copy fees, walk-in fees, courier fees and other transactional fees incurred on your behalf by Company.

  14. Delivery. I understand that Company may use a variety of methods to deliver finished products, including a variety of carriers for each shipping option. For products delivered physically, I understand that the shipping fee indicated may not necessarily represent the actual amount paid by Company, and may include third party handling and processing fees. For products delivered electronically, I understand that I will be notified when my product is available for download. I further understand that I will be able to access my documents electronically via my account.

  15. Access to World Wide Web. I understand that in order to use Company’s services, I must have access to the world wide web. I shall be solely responsible for my access, including a computer and Internet access, to the world wide web and for any associated fees with its use. Access to the Site may be limited or delayed due to problems inherent in the use of the Internet and electronic communications and Company shall not be responsible for any such delays or other damages resulting from these problems.

  16. Force Majeure. “Force Majeure” means any earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen. If by reason of Force Majeure, Company’s performance is delayed, hampered or altogether prevented, Company shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder. If a Force Majeure event continues for more than sixty (60) days in the aggregate, Company may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.

  17. Right to Refuse. I acknowledge and understand that Company has the right to refuse service to anyone. Company is not a registered or bonded legal document assistant under the California Business and Profession Code, sections 6400 et seq. AskMusicLawyer is located at 5398 E. Mountain Street, Stone Mountain, Georgia 30083. I understand that these Terms of Service affect my legal rights and obligations and if I do not agree to be bound by all of these terms, I will not use Company’s service. By proceeding with my purchase, I expressly agree to these Terms of Service. 

 

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