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I. INTRODUCTION
Your use of the TotalLegal™ Plan Membership (“Plan”) is governed by this TotalLegal Plan Agreement, together with the TotalLegal Terms of Use which govern access to and use of the TotalLegal website and services (“TotalLegal”) (collectively, the “Agreement”). This Agreement constitutes a contract between TotalLegal and you, the primary plan member (“Primary Member” or “you”), for the Plan services and benefits set forth below. This Agreement is effective as of the date you accept its terms by purchasing a Plan subscription or accepting a free trial of the Plan. If you sign up for the Plan, you accept these terms, conditions, limitations and requirements. PLEASE NOTE, IF YOU HAVE ENROLLED IN A FREE, SEVEN (7) DAY TRIAL MEMBERSHIP, THE CREDIT CARD ASSOCIATED WITH THE ACCOUNT WILL BE BILLED SEVEN (7) DAYS AFTER THE SIGN UP DATE UNLESS IT IS CANCELLED BY YOU PRIOR TO THAT DATE. You may log in to your account and access your account settings at any time in order to cancel your enrollment in the Plan.
As further explained in Section II, some legal services are made available to Plan Members through third party service providers who are attorneys. However, TOTALLEGAL IS NOT A LAW FIRM. THE EMPLOYEES OF TOTALLEGAL MAY NOT ACT AND ARE NOT ACTING AS YOUR ATTORNEY OR PROVIDING LEGAL SERVICES.
Please also refer to the TotalLegal Terms of Use and Privacy Policy, each of which applies to your use of the Plan and is incorporated herein by reference.
II. PLAN ELIGIBILITY
A Primary Member may purchase a subscription to the Plan on either a monthly or annual basis, or, prior to purchasing the Plan, may register for a free, seven (7) day trial membership. The seven (7) day trial membership includes the option to self-prepare one (1) free legal document as well as vault document storage services, but does not include Service Provider Benefits (described below).
TotalLegal reserves the right to extend or refuse membership to any individual in its sole discretion.
The benefits provided under the Plan may not be transferred or assigned to another party or entity. However, a Primary Member may elect to extend Plan services and benefits to other eligible persons who meet the requisite relationship criteria (“Qualifying Family Members”). “Qualifying Family Member” includes: a) the Primary Member's spouse or domestic partner; b) the Primary Member's dependent children under the age of 25; and c) any family members who are dependents of and living with the Primary Member, such as a parent or grandparent. Each Qualifying Family Member to whom Primary Member extends coverage under this Agreement shall be bound by the terms of this Agreement. The Primary Member and Qualifying Family Members to whom the Primary Member extends Plan services are referred to as “Plan Members”. Any person who does not meet the requisite relationship criteria to be classified as a Qualifying Family Member, but who still accepts and/or receives Plan benefits and/or Service Provider Benefits will be responsible for payment for all services rendered. Notwithstanding the foregoing, PLAN MEMBERS WHO ARE CURRENTLY ONLY REGISTERED FOR A FREE, SEVEN (7) DAY TRIAL MEMBERSHIP MAY NOT EXTEND PLAN SERVICES AND BENEFITS TO QUALIFYING FAMILY MEMBERS.
III. PLAN BENEFITS
The Plan consists of the following benefits:
Document Self-Preparation. Plan Members may access the tools to self-prepare up to a total of ten (10) free legal documents in each thirty (30) day billing cycle. The ten (10) document limit is the maximum for the Primary Member and any Qualifying Family Members, in the aggregate, and does not entitle each individual Plan Member to prepare up to ten (10) documents each. If one or more Plan Member(s) individually or collectively exceed the ten (10) document monthly limit within the thirty (30) day billing cycle, no additional documents may be self-prepared until the first day of the next billing cycle. Document Storage Vault Services. The Plan includes access to electronic storage of any Plan Member documents, including documents prepared using TotalLegal and any Plan Member documents sent to TotalLegal by fax, e-mail, or uploaded electronically. Additional Terms for Service Provider Benefits. TOTALLEGAL IS NOT A LAW FIRM. THE EMPLOYEES OF TOTALLEGAL MAY NOT ACT AND ARE NOT ACTING AS YOUR ATTORNEY OR PROVIDING LEGAL SERVICES. TOTALLEGAL IS NOT A LAWYER REFERRAL SERVICE, INSURANCE PRODUCT OR PRE-PAID LEGAL SERVICE OF ANY KIND. TotalLegal does not provide the Service Provider Benefits or any other legal services. Your use of TotalLegal's website does not create an attorney-client relationship between you and TotalLegal. TotalLegal facilitates communication between potential users of legal services and legal professionals. By using TotalLegal, you acknowledge that you are initiating contact with prospective Service Providers. The Service Provider Benefits are provided directly to you (not through TotalLegal) through a separate retention agreement between you, the Plan Member, and the Service Provider Attorney. Plan Members should insist on a written fee agreement executed by the Service Provider Attorney and Plan Member
before engaging a Service Provider Attorney for any legal matter. The Service Provider Attorney is solely responsible to the Plan Member for maintaining the attorney-client relationship and providing the agreed upon Service Provider Benefits.
TOTALLEGAL EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE SERVICES PROVIDED BY THE SERVICE PROVIDER OR BY A SERVICE PROVIDER ATTORNEY. TOTALLEGAL DOES NOT GUARANTEE THAT EACH PLAN MEMBER WILL SUCCESSFULLY FIND LEGAL REPRESENTATION THROUGH THE PLAN.
Service Provider Attorneys make independent professional judgments regarding the legal representation of Plan Members completely independent of TotalLegal. TotalLegal does not endorse, investigate, verify or warrant the accuracy or quality of any information or services provided by Service Provider or Service Provider Attorney. TotalLegal does not represent that the legal services provided by Service Provider Attorneys are equal or superior to the legal services provided by non-Service Provider Attorneys. Nothing in this Agreement shall be construed to limit the right of a Plan Member to retain, at his or her own expense, an unaffiliated attorney. TotalLegal shall not be obligated to pay for any such service.
Additional Terms for Vault Services. Plan Members should use the Vault Service to store copies of their documents and are encouraged to retain their original documents in a safe and secure location. The Vault Service is not intended to store original documents, but if an original document is submitted and retained as part of the Vault Service, it will be deemed a copy and preserved electronically. TotalLegal assumes no liability for the preservation of original documents.
Each Plan Member will be provided with a unique user name and password. Plan Members are solely responsible for all actions taken using your user name and password. The user name and password shall only be used by the Plan Member to whom it is assigned, and shall not be shared with, or used by any other person, including other Plan Members. Plan Members shall be responsible for protecting the security of user names and passwords and for the content or documents submitted for vault storage. Plan Members will promptly notify TotalLegal upon suspicion that a user name or password has been lost, stolen, compromised or misused. TotalLegal will not be liable for any losses a Plan Member suffers as a result of someone else's use of the Plan Member's account or password, either with or without the Plan Member's knowledge.
TotalLegal is under no obligation to monitor the content or nature of the documents submitted for vault storage; however, TotalLegal expressly prohibits Plan Members from submitting documents which contain illegal, obscene, pornographic or otherwise inappropriate content or images. TotalLegal has sole discretion to remove any such documents from the vault storage. In the event that TotalLegal determines that such documents may contain illegal images or content, TotalLegal reserves the right to contact law enforcement and will comply in every way possible with any related investigation.
Total Legal has the right to suspend or discontinue providing vault services to any Plan Member without notice for non-compliance with this Agreement. TotalLegal further reserves the right to temporarily suspend access to the vault service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades. No refunds or credits will be issued for partial month of service, upgrade/downgrade refunds or refunds for lack of use during an active Plan subscription.
Exclusions; Conflict of Interest.
No Guarantee. A Plan Member's purchase of the Plan does not guarantee that the Service Provider Attorney will provide services on behalf of Plan Member. Service Provider Attorneys may refuse to represent a Plan Member in any matter involving the laws of jurisdictions outside of the United States or its subdivisions as well as any matter that the Service Provider Attorney deems frivolous in nature or objective or lacking sufficient merit to warrant pursuit. Exclusions. All Plan Members agree that Service Provider Benefits expressly exclude representation by any Service Provider Attorney for:
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any action that directly or indirectly involves TotalLegal™, LegacyWriter™, DivorceWriter™ or any of Pro Se Planning's affiliates, directors, agents, or employees;
any action where the Plan Member has already retained a Service Provider Attorney at his or her usual rates prior to enrollment in the Plan; any action that directly or indirectly involves any Service Provider or Service Provider Attorney, affiliated companies or any of their company's or affiliated company's directors, officers, employees or agents in any matter in which they have interests adverse to the Plan Member; and any adversarial action by a Plan Member that directly or indirectly involves any other Plan Member, except that in matters where a Plan Member and Qualifying Family Member have adverse interests, only the Plan Member is eligible for plan discounts and not the Qualifying Family Member unless both parties provide written authorization and consent otherwise.
Not Insurance. The Plan and services offered by TotalLegal are not contracts of insurance or indemnification insurance plans. TotalLegal is not an insurance company and does not guarantee legal representation in every situation. The Plan provides TotalLegal's customers with access to free and discounted legal services from Service Providers. TotalLegal does not reimburse or indemnify any Plan Member.
IV. BILLING
Trial Membership. IF YOU HAVE ENROLLED IN A FREE, SEVEN (7) DAY TRIAL MEMBERSHIP, THE CREDIT CARD ASSOCIATED WITH THE ACCOUNT WILL BE BILLED SEVEN (7) DAYS AFTER THE SIGN UP DATE UNLESS IT IS CANCELLED BY YOU PRIOR TO THE DATE. You may log in to your account at any time and access your account settings to cancel your enrollment in the Plan. -
Fees and Payment. You shall pay all fees specified at the time of your initial purchase of the Plan. Except as otherwise specified herein, (i) fees are quoted and payable in United States dollars, (ii) fees are based on services purchased and not actual usage, and (iii) payment obligations are non-cancelable and fees paid are non-refundable. You will provide TotalLegal with valid and updated credit card information. Customers who select an annual Plan membership have the option to choose whether the credit card associated with the account is automatically charged monthly or annually. The credit card associated with your account will be billed on the day that the Plan is purchased and at the time of renewal monthly or annually on the anniversary date for each renewal term. If you provide credit card information to TotalLegal, you authorize TotalLegal to charge such credit card for the Plan for the initial Plan membership term and any renewal term(s). You are responsible for maintaining complete and accurate billing and contact information associated with your account. Plan memberships purchased by you commence on the date the Plan is purchased and continue for the initial term specified at the time of purchase. ALL PLAN MEMBERSHIPS SHALL AUTOMATICALLY RENEW AND YOUR ACCOUNT WILL BE AUTOMATICALLY CHARGED UNDER THIS AGREEMENT UNLESS YOU CHOOSE TO CANCEL PRIOR TO THE RENEWAL. The pricing during any such renewal term shall be the same as that during the prior term unless TotalLegal has given you written or e-mail notice of a pricing increase at least thirty (30) days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter.
EVEN IF YOU DO NOT USE OR ACCESS THE PLAN OR THE PLAN'S BENEFITS AND SERVICES, YOU WILL BE RESPONSIBLE FOR ANY FEES UNTIL YOU CANCEL YOUR PLAN OR IT IS OTHERWISE TERMINATED.
V. COMPLIANCE WITH LAWS
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Applicable Jurisdiction. Each Plan Member may only use the Service Provider Benefits if they do not conflict with or violate the laws of the applicable jurisdiction. Plan Members should not use or attempt to use any services, which are in violation of the civil and/or criminal laws of their respective jurisdiction. TotalLegal is not responsible for any violation of the law resulting from Plan Member's use of services offered by Service Provider or Service Provider Attorneys. The availability of the Plan in a jurisdiction in which the Plan Member's access or usage conflicts with or is in violation of the laws of that jurisdiction should not be deemed a request or offer for the Plan Member to access the Plan. Plan Members and Service Provider Attorneys are solely responsible for confirming that the Plan Member and any Qualifying Family Member's use of the Plan does not violate any laws of the applicable jurisdiction.
Internal Revenue Service (IRS) Circular 230 Tax Advice Disclosure. To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in any communication from TotalLegal (including information provided by a Service Provider or Service Provider Attorney) is and was not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any matters addressed therein.
VI. TERMINATION
By TotalLegal. TotalLegal has full discretion and reserves the right to refuse, suspend or terminate a Plan membership at any time without prior notice. If a valid credit card is not associated with a Plan Member's account upon billing, the Plan will be automatically terminated without notice of any kind to the Plan Member. It is the responsibility of the Member to ensure that a valid credit card is associated with the account at all times. TotalLegal is not responsible for and will not notify the user if the card associated with the account expires or becomes otherwise invalid. All fees paid prior to the date of termination are non-refundable. By Member. A Primary Member may cancel the Plan by signing into his or her TotalLegal account and selecting the option to cancel the Plan. Canceling the Plan one (1) day prior to the next monthly or annual billing anniversary date will prevent additional charges for the Plan to the credit card associated with your account. All fees paid are non-refundable. Effect of Termination.
Benefits. Termination of the Plan will result in termination of all TotalLegal Plan benefits and services described in Section III. Stored Documents. Once an account has been terminated, any documents or information stored on TotalLegal are permanently removed from our system immediately and cannot be retrieved, including those documents stored in the TotalLegal vault. It is the responsibility of the Plan Member to ensure that any documents, both self-prepared on the TotalLegal website and those originating from other sources that are stored in the TotalLegal vault have been saved in another location accessible to the Plan Member. TotalLegal is not responsible for any loss or expense incurred for lost documents and/or other information provided by the Plan Member. -
Service Provider Benefits. If Plan Member has entered into a fee agreement with or has otherwise accessed or retained the services of an attorney as part of the Service Provider Benefits, the Plan Member must notify the Service Provider Attorney of the termination of the Plan. The Plan Member alone incurs any additional expense arising out of the loss of free and/or discounted legal services after termination of the Plan. TotalLegal is not responsible for any loss or expense incurred as a result of a Plan Member's loss of access to the Service Provider Benefits.
VII. NO WARRANTY
YOUR USE OF THE PLAN AND ALL SERVICES IS AT YOUR OWN RISK. TOTALLEGAL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TOTALLEGAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
TOTALLEGAL MAKES NO WARRANTY THAT: (A) THE SERVICES OR MATERIALS PRODUCED BY TOTALLEGAL OR FROM USE OF THE PLAN ARE SUITABLE FOR YOUR INTENDED PURPOSES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLAN, SERVICES OR ANY MATERIALS OFFERED THROUGH TOTALLEGAL OR INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH TOTALLEGAL OR THE PLAN WILL BE ACCURATE, RELIABLE OR SATISFACTORY TO THE USER AND (C) THE SERVICE THAT MAKES CERTAIN SERVICES OF THE PLAN AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TOTALLEGAL MAY MAKE CHANGES OR IMPROVEMENTS TO ITS MATERIALS AND WEBSITE AT ANY TIME.
VIII. LIMITATION OF LIABILITY
BY USING THIS SITE, YOU AGREE, ON BEHALF OF YOURSELF, YOUR ESTATE, YOUR HEIRS AND ASSIGNS, TO RELEASE AND HOLD HARMLESS TOTALLEGAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS FROM ALL LIABILITY RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR USE OF THE PLAN, ITS SERVICES OR RELATED DOCUMENTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
UNDER NO CIRCUMSTANCE SHALL TOTALLEGAL, ITS AFFILIATES, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY INJURY OR DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, DIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND SERVICES, EVEN IF TOTALLEGAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable law may not allow for the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations may not apply to you. Therefore, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TOTALLEGAL AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO TOTALLEGAL FOR THE PLAN OUT OF WHICH LIABILITY AROSE. ANY LEGAL ACTION AGAINST TOTALLEGAL MUST BE BROUGHT IN KING COUNTY, WASHINGTON, WITHIN ONE YEAR AFTER THE CLAIM AROSE OR IT IS FOREVER BARRED.
IX. DISPUTE RESOLUTION
TotalLegal and Plan Members agree to arbitrate all disputes and claims as set forth in the TotalLegal Terms of Use. If a Plan Member has a complaint or dispute concerning the legal services rendered by or conduct of a Service Provider Attorney, he or she is entitled to file a complaint with the appropriate state bar association. |