PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.
By using the LegalKarma.io, Inc. website (the "Site") or any Legal Karma applications or application plug-ins ("Applications"), you agree to follow and be bound by these terms of service (the "Terms of Service")and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Service, the words "you" and "your"; refer to each customer, Site visitor, or Application user, "we", "us" and "our" refer to LegalKarma.io, Inc. and "Services&" refers to all services provided by us.
It is your responsibility to review these Terms of Service periodically. If at any time you find these Terms of Service unacceptable or if you do not agree to these Terms of Service, please do not use this Site or any Applications. We may revise these Terms of Service at any time without notice to you. If you have any questions about these Terms of Service, please contact our Customer Care Center.
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, as described in Paragraph 6 below.
THIS SITE AND APPLICATIONS ARE NOT INTENDED TO CREATE ANY ATTORNEY-CLIENT RELATIONSHIP, AND YOUR USE OF LEGAL KARMA DOES NOT AND WILL NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND LEGAL KARMA. LEGAL KARMA IS NOT A LAW FIRM NOR ARE WE ATTORNEYS. LEGAL KARMA IS NOT THE SUBSTITUTE FOR AN ATTORNEY OR LAW FIRM. LEGAL KARMA DOES NOT PROVIDE LEGAL ADVICE.
2. Ownership. This Site and Applications are owned and operated by Legal Karma 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 Legal Karma or by our respective third party authors, developers or vendors ("Third Party Providers") Except as otherwise expressly provided by Legal Karma, 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 Legal Karma'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. Legal Karma does not sell, license, lease, or otherwise provide any of the Materials other than those specifically identified as being provided by Legal Karma. Any rights not expressly granted herein are reserved by Legal Karma.
3. Limited Permission to Download. Legal Karma hereby grants you permission to download, view, copy and print the Materials solely for the purpose of providing estate planning products to your customers, provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for use by you or your customers in connection with the provision of estate planning products. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Legal Karma (each a "Third Party Site"). Legal Karma works with a number of partners and affiliates whose sites are linked with Legal Karma. Legal Karma may also provide links to other citations or resources with whom it is not affiliated. Legal Karma 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. Legal Karma makes no guarantees about the content or quality of the products or services provided by such sites. Legal Karma is not responsible for webcasting or any other form of transmission received from any Third Party Site. Legal Karma is providing these links to you only as a convenience, and the inclusion of a link does not imply endorsement by Legal Karma of the Third Party Site, nor does it imply that Legal Karma sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any tradename, 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 the content provided on a Third Party Site and agree that Legal Karma 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.
5. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND LEGAL KARMA TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACHOTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH INSECTION 5(g), BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND LEGAL KARMAFROM SUING IN COURT OR HAVING A JURY TRIAL.
(a) No Representative Actions. You and Legal Karma agree that any dispute or claim between us, including those arising out of or related to these Terms or our Services, is personal to you and Legal Karma and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. For the purposes of this Arbitration Agreement, references to "Legal Karma" "you" and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, 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. Beneficiaries include, but are not limited to, those named in an estate planning document.
(b) Arbitration of Disputes. Most concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at 737.210.3994. In the unlikely event that the Legal Karma Customer Care Center is unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute with you after attempting to do so informally), this Section 5 applies. Except for (i)individual actions in small claims court located in the county of your billing address or (ii) actions in court seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Legal Karma agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any aspect of the relationship between us (collectively, “Disputes”) resolved in court. Disputes include, but are not limited to, (a) those arising out of or related to these Terms or our Services, and (b) those related to advertising, privacy, data security, and the use of our website. This Arbitration Agreement applies to all Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, Disputes arising before you accepted these or any prior Terms, Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class, and Disputes asserted against Legal Karma by those you list as authorized contacts on your order.
(c) Arbitration Procedures. For any Dispute that you have against Legal Karma, or that Legal Karma has against you, you and Legal Karma agree to attempt to resolve the Dispute informally via the following process. If you assert a claim against Legal Karma, you will first contact Legal Karma by sending a written notice of your Dispute (“Claimant Notice”) to Legal Karma by U.S. certified mail addressed to Notice ofDispute, 902 Clearwater Circle, Austin, Texas 78753; a courtesy copy of the Notice should also be sent by email to info@LegalKarma.io. The Claimant Notice must (a) include your name, address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. For any Dispute that Legal Karma may have against you, we will provide you notice (“LegalKarma Notice”) in a similar form to that described above via the mailing address and email address associated with your account. The statute of limitations and any filing fee deadlines shall be tolled forth thirty (30) days from the date that either you or Legal Karma first send the applicable Notice so that the parties can engage in this informal dispute resolution process.
If you and Legal Karma cannot reach an agreement to resolve the Dispute within thirty (30) days after notice is provided, then either party may submit the Dispute to binding confidential arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth herein, in court. All Disputes submitted to AAA will be resolved through binding arbitration before one arbitrator. Unless the parties agree in writing to a different location, arbitration proceedings will be held in Travis County, TX.
You and Legal Karma acknowledge that the purpose of this Section 5 is to streamline the dispute resolution process and that Coordinated Filings are likely to frustrate that purpose. As a result, you agree not to assert a demand for arbitration as part of a Coordinated Filing. A “Coordinated Filing” is any demand for arbitration where the underlying claim is similar to at least ten (10) or more other pending demands for arbitration and where representation for that demand is consistent or coordinated with such other demands. Without limiting any remedies, in the event your demand is part of a CoordinatedFiling, we may, at our option, decline arbitration and instead litigate the claim in a civil court of competent jurisdiction in accordance with the terms of Section 13.
(d) Individualized Arbitration Proceedings and Remedies. You and Legal Karma agree that this Termsaffect interstate commerce and that the enforceability of this Section 5 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to grant any relief that would otherwise be available in court and to make all procedural and substantive decisions regarding any Dispute, including those arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability, or validity of the Arbitration Agreement or any portion thereof. The arbitrator may conduct only an individual arbitration and may not consolidate more than one party’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one claimant.
(e) Confidentiality. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. You and Legal Karma agree to cooperate to seek from the arbitrator, protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Legal Karma agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
(f) Payment of Arbitration Fees. The costs of arbitration shall be governed by the AAA’s fee schedules, available at adr.org/Rules. You and Legal Karma will share equally the costs and fees of AAA Commercial Arbitration. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees will be governed by the applicable AAA Rules.
(g) Opt Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 5 by sending, via U.S. certified mail, a written Notice of Opt Out to Legal Karma. The Notice of Opt Out must be addressed to: Notice of Opt Out, Legal Karma Inc.,902 Clearwater Circle, Austin, Texas 78753; a courtesy copy of the Notice of Opt Out should also be sent by email to info@LegalKarma.io. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 13, though, as stated above, you agree any such action will be brought as an individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(h) Additional Terms. If any portion of this Section 5 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 5 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 5; and (c) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
If you wish to seek public injunctive relief against Legal Karma, such claim (and only such claim) must be severed from the arbitration and brought in court in accordance with the provisions of Section 13.
You and Legal Karma agree that the state or federal courts of the State of Texas and the United States sitting in Travis County, Texas have exclusive jurisdiction over the enforcement of an arbitration award made pursuant to this Arbitration Agreement.
6. Additional Terms. Some Legal Karma Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Service and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Service will control.
7. NO WARRANTY. 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, LEGAL KARMA EXPRESSLY DISCLAIMSALL 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.
LEGAL KARMA 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 ONAN 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. LEGAL KARMA 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.
8. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLDLEGAL KARMA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING INCLUDINGATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR ATTRIAL 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 OUTOF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FORPERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BYYOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF LEGALKARMA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF LEGAL KARMA, 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.
9. Unsolicited Submissions. Except as may be required in connection with your use of Legal Karma Services, Legal Karma does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information, or material submitted to Legal Karma through or in association with this Site shall be considered non-confidential and Legal Karma's property. By providing such submissions to Legal Karma you hereby assign to Legal Karma, at no charge, all worldwide rights, title, and interests in and to the submissions and any intellectual property rights associated therewith. Legal Karma shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality, and content.
10. Compliance with Intellectual Property Laws. When accessing the Site or Applications, 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 Legal Karma user account.
Legal Karma has adopted a policy that provides for the immediate removal of any content, article, or materials that have infringed on the rights of Legal Karma or of a third party or that violate intellectual property rights generally. Legal Karma's policy is to remove such infringing content or materials and investigate such allegations immediately.
Notice. Legal Karma 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, are presentative 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 Legal Karma’s registered Copyright Agent:
Legal Karma Inc.
902 Clearwater Circle
Austin, Texas 78753
Mail to: info@LegalKarma.io
Counter-Notice. 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 Travis County, 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 business days or more after receipt of the counter-notice, at the Company's sole discretion.
11. Inappropriate Content. When accessing the Site, any Applications, or using Legal Karma's Services, you agree not to upload, download, display, perform, transmit, or otherwise distribute any content that:(i) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Legal Karma reserves the right to terminate or delete such material from its servers. Legal Karma will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
12. 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.
13. Governing Law; Venue. Any dispute arising from these Terms and your use of the Services or the Site will be governed by and construed and enforced in accordance with the laws of Texas, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Travis County, Texas. You consent to personal and exclusive jurisdiction in these courts.
14. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Legal Karma Inc. ALL RIGHTS RESERVED.
15. Trademarks. LEGAL KARMA, LegalKarma.io, INTAKE GENIE, the two triangle logo, all images and text, and all page headers, custom graphics, and button icons are service marks, trademarks and/or trade dress of Legal Karma. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
16. Right to Refuse. You acknowledge that Legal Karma reserves the right to refuse service to anyone and to cancel user access at any time.
17. Acknowledgement. BY USING LEGAL KARMA'S SERVICES OR ACCESSING THE LEGAL KARMA SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. Legal Karma Inc. is located at 902 Clearwater Cr. Austin, Texas 78753.