AGREEMENT WITH RESPECT TO GO LEGAL YOURSELF
READ THIS. You should carefully read these terms and conditions before accessing or reviewing Go Legal Yourself products. This is an agreement (“Agreement”) between you, the Author, and the Publisher. By accessing or reviewing Go Legal Yourself products, you acknowledge that you have read, understand, and accept the following terms and conditions. If you do not agree and do not want to be bound by such terms and conditions, do not access or review Go Legal Yourself products.
- License Grant. Subject to the terms of this Agreement, Publisher grants to you a nonexclusive, revocable, nontransferable, non-sublicenseable license to use Go Legal Yourself products solely for your own personal or business purposes.
- Restrictions. Your license for Go Legal Yourself products and any text, information, graphics, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following additional restrictions and prohibitions on use:
- copy, print (except for the express limited purpose permitted by Section 1 above), republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available in any form of by any means all or any portion of Go Legal Yourself products or any Content and Materials;
- use Go Legal Yourself products or any materials obtained therefrom to develop, or use as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
- create compilations or derivative works of any Content and Materials from Go Legal Yourself products;
- use any Content and Materials from Go Legal Yourself products in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Author, Publisher, or any third parties;
- make any portion of Go Legal Yourself products available through any timesharing system, service bureau, the internet or any other technology now existing or developed in the future;
- use Go Legal Yourself products in a manner that violates any state or federal laws; and
- export or re-export any portion thereof in violation of the export control laws or regulations of the United States.
- Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to Go Legal Yourself products are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters, except as allowed by Section 1 above, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials contained in Go Legal Yourself products. No claim is made to any government-issued forms, agreements, or other content. The copyright to all of the contents in Go Legal Yourself products and the forms, agreements, checklists is owned by the Author or by third parties from whom the content has be licensed.
- Forms, Agreements and Documents. Go Legal Yourself products may contain sample forms, agreements, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a nonexclusive license basis only for your personal one-time use for noncommercial purposes, without any right to relicense, sublicense, distribute, assign, or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND THE AUTHOR AND THE PUBLISHER DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records, but you should check to see if any newer or updated versions have been issued.
- No Legal Advice or Attorney-Client Relationship. Information contained in or made available from Go Legal Yourself products is not intended to and does not constitute legal advice, recommendations, mediation, or counseling under any circumstance, and no attorney-client relationship is formed. No warranty or guarantee is made as to the accurateness, completeness, adequacy or currentness of the information contained in Go Legal Yourself products. Your use and reliance of information in Go Legal Yourself products is entirely at your own risk.
- Indemnification. You agree to indemnify, defend, and hold the Author and the Publisher and their partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, product and service providers, and affiliates (collectively “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your breach of this Agreement.
- Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH GO LEGAL YOURSELF PRODUCTS ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). GO LEGAL YOURSELF PRODUCTS MAY CONTAIN ERRORS, PROBLEMS, OR OTHER LIMITATIONS. THE AUTHOR, PUBLISHER, AND THEIR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF GO LEGAL YOURSELF PRODUCTS, EXCEPT AS PROVIDED IN SECTION 8(B). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE AUTHOR, PUBLISHER, AND THEIR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED ON THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AUTHOR, PUBLISHER, AND YOU. GO LEGAL YOURSELF PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTHING IN GO LEGAL YOURSELF SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability.
(a) The Author, Publisher, and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from Go Legal Yourself products, or (b) your use of Go Legal Yourself products.
(b) THE AGGREGATE LIABILITY OF THE AUTHOR, THE PUBLISHER, AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO GO LEGAL YOURSELF PRODUCTS SHALL NOT EXCEED THE COST OF GO LEGAL YOURSELF PRODUCTS, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE AUTHOR, THE PUBLISHER, AND ANY AFFILIATED PARTY.
- Miscellaneous. This Agreement shall be treated as though it were executed and performed in San Diego, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to Go Legal Yourself products must be instituted within one year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 7 and Section 8. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. If any provision of this Agreement is held illegal, invalid, or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid, or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. The Author’s or the publisher’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The title, headings, and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this Agreement.
- Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement and Go Legal Yourself products shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS, before one arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego, California. Each party shall bear its own attorneys’ fees. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement.
You may not:
DO NOT ACCESS OR REVIEW GO LEGAL YOURSELF PRODUCTS UNLESS YOU UNDERSTAND
AND AGREE WITH THE FOREGOING AGREEMENT.