As of April 1, 2021
Please note that these Terms contain an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury and that you waive your right to participate in class actions, class arbitrations, or representative actions.
1. Updates to Terms.
We reserve the right to update or modify the Terms at any time and will notify you of any update or modification. Your use of the Service following any update or modification constitutes your agreement to follow and be bound by the new Terms. For this reason, we encourage you to review these Terms whenever you use the Service.
2. No Attorney-Client Relationship.
Creators Legal provides form and template legal documents (“Templates”) for self-help only. You understand and agree that Creators Legal is not a law firm or an attorney and Creators Legal may not and does not perform services performed by an attorney. Forms or templates purchased from or otherwise provided by Creators Legal are not a substitute for the advice or services of an attorney. No attorney-client relationship or privilege is created between you and Creators Legal or its officers, members, employees, or agents. If, prior to your purchase, you believe that Creators Legal provided legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms or strategies, you will not proceed with this purchase, and any purchase that you do make will be null and void.
2.1 We reserve the right. We reserve the right in our sole discretion and without prior notice or liability to you, to: (i) modify or stop providing the Service or any part of the Service to you or to users generally; (ii) remove or refuse to distribute any Content on the Service; (iii) suspend or terminate users.
3. Completeness is Your Responsibility.
You understand that any review of information or data provided by you to creators legal’ is limited to completeness, spelling, and internal consistency. You agree you are solely responsible for the final document(s) and have read them in full prior to signing and/or filing.
4. Accuracy of Information and Third-Party Consent.
To the best of your knowledge, you have provided complete and accurate information to Creators Legal and have obtained all third-party consents required for your order.
You must create an account and provide payment to access the Service and Content. Your right to use the Service is contingent upon our receipt of your payment for the Service. If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and account. We reserve the right to change any fees that we charge, or to institute new or additional fees, at any time in our discretion.
5.1. Refunds and Exchanges. You can request an exchange or refund for a Template purchased from us within seven (7) calendar days of your purchase. Purchases are nonrefundable after such time. Refunds and exchanges can be requested via email at CustomerCare@creatorslegal.com.
6. Use of the service.
You may use the Service only if you can form a binding contract with Creators Legal and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
7. Ownership and Intellectual Property.
Service, Content and Templates are subject to trademark, service mark, trade dress, copyright, or other intellectual property rights or licenses held by Creators Legal. No right, title, or interest in any Content or materials is transferred to you as a result of your use of the Service.
7.1. License to You. We grant you a personal, worldwide, royalty free, nontransferable, non-sublicensable, revocable, and nonexclusive license to use the Template(s) purchased from Creators Legal, provided that: (i) you will not transfer, give access to, copy, or distribute any part of a Template without our prior written consent; (ii) you will not attempt to reverse engineer, alter, disrupt, or modify any part of a Template; and (iii) you will comply with these Terms.
8. Limited Liability.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD CREATORS LEGAL AND ITS OFFICERS, MEMBERS, 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 ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF CREATORS LEGAL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF CREATORS LEGAL, 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 ME. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
9. Exclusion of Implied and Other Warranties.
The Service, Content, and Templates are provided “AS IS”. Creators Legal makes no warranties, express or implied, and disclaims all implied warranties, including any warranty of merchantability or warranty of fitness for a particular purpose.
10. Assumption of Risk and Release of Liability.
You acknowledge and agree that: (i) you are aware of the risks involved in the Service, Content and Templates; (ii) accept and assume all risks associated with the Service, Content and Templates; (iii) you are voluntarily using the Service, Content and Templates in spite of the risks; and (iv) Creators Legal assumes no responsibility and is not liable for any damage or loss suffered by you in connection with the Service, Content and Templates. You waive, release, and discharge Creators Legal and its members, officers, employees, agents, and representatives from any claims or liability of any kind arising out of the Service, Content or Templates. The Terms apply to any claim even if caused by negligence.
Except as prohibited by law, you will indemnify Creators Legal and its owners, officers, directors, employees agents, and representatives (each an “Indemnified Party”) against any claims, actions, damages, liabilities, losses, or costs, including attorneys’ fees, litigation or arbitration costs, and costs incurred in the settlement or avoidance of any such claim, incurred by or asserted against any Indemnified Party resulting from or arising in connection with: (i) your access to or use of the Service, or (iii) any breach or alleged breach by you of any of your representations, warranties, covenants, or obligations under these Terms.
You may terminate these Terms at any time by deactivating your accounts and discontinuing your use of the Service. If you stop using the Service without deactivating your accounts, we may deactivate your accounts due to prolonged inactivity. We may suspend or terminate your accounts or cease providing you with all or part of the Service at any time.
You shall not transfer or assign these Terms or any right or obligation in these Terms, by operation of law or otherwise, without the prior written consent of Creators Legal.
You and Creators Legal agree that any dispute or claim arising from or relating to the Terms will be settled by final and binding arbitration using the English language and administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis. Class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Creators Legal are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.
In compliance with the Digital Millennium Copyright Act (“DMCA”), the contact information for our designated agent to receive notification of claimed copyright or intellectual property infringement (“Copyright Agent”) is:
Attn: Copyright Agent
333 Hegenberger Rd., Suite 751
Oakland, CA 94621
If you have a good faith belief your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following information required by the DMCA:
• Contact information sufficient for Creators Legal to contact you: name, address, phone number and e-mail address (if available);
• A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;
• Information sufficient to permit Creators Legal Insider to locate your work on its site;
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner or its agent;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
• A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. If sending your notice by electronic mail, please make sure to write DMCA Copyright Notice in the subject line.
16. Americans With Disabilities Act.
Creators Legal strives to provide access to the Service, Content and Templates in accordance with the Americans With Disabilities Act (“ADA”) and similar state statutes. If you feel the Service, Content or Templates the ADA or other statutes, please contact us immediately with your concerns at:
333 Hegenberger Rd. Suite 751
Oakland, CA 94621
If sending your notice by electronic mail, please make sure to write ADA Notice in the subject line.
17. General Terms.
These Terms constitute the entire agreement between the parties with respect to the Service. Except as provided in these Terms, no term or condition of the Terms may be amended or deemed waived, except by a writing signed by the parties that refers to the Terms. If any term or part of a term of the Terms is invalid, illegal, or unenforceable, the rest of the Terms will remain in effect. These Terms will be governed by and construed in accordance with the laws of the state of California, without regard to conflict of laws principles. Any claim or arbitration arising out of these Terms, including tort claims, must be resolved in Alameda County, California.