Please Read the Following License Terms of Use Before Using Legal Information
or Purchasing Form Kits or Document Preparation Services.
TERMS AND CONDITIONS AND LICENSE AGREEMENT BETWEEN
MyLawyer.com, Inc. AND YOU
The Divorce Law
Information Center is not a law firm; we do not offer legal advice. The
information provided by The Divorce Law Information Centers offered for
informational purposes only and is "legal information" as defined by
Opinion No.
95-056 (December 19, 1995) of the Attorney General of the State of Maryland.
The Divorce Law Information Center offers legal information that is similar
to that provided by self-help law books and legal forms offered for sale
through retail outlets.
Document
Preparation Services:
Once the documents
are prepared, we will provide the state-specific forms and detailed filing
instructions (via e-mail) for your review. If you recognize any corrections or
changes are required, please e-mail our staff. Any typographical errors,
mistakes by our staff, or minor changes can be made by our staff for no
additional fees. Each of our customers is also welcome to revise their own
documents to further suit their needs. Please be advised that we are not
responsible for any edits which our customers may make to their documents
and/or the implications of these edits in regards to the documents themselves.
We offer no legal
advice, recommendations, mediation or counseling under any circumstance. We
are not a law firm, and our employees are not acting as your attorney. Our
legal documentation service, through our Rapidocs software, uses the answers
you provide to automatically populate legal forms. Our review of your answers
is limited solely to completeness, spelling and grammar, as well as internal
consistency of names, addresses and the like. At no time do we review your
answers for legal sufficiency, draw legal conclusions, provide advice or apply
the law to the facts of your particular situation. This Site is not intended
to create an attorney-client relationship, and by using our services,, no
attorney-client relationship will be created. You are totally and solely
responsible for your own selections and actions.
Our staff cannot make recommendations for any corrections or changes to
documents. Any text which is to be revised or replaced must be identified
appropriately and detailed replacement text provided by the customer. In
short, our customers have the option of either (a) providing us with detailed
exact replacement text or (b) revising the document themselves.
If our staff is
asked to make drastic changes or ongoing revisions, additional charges may be
warranted. These situations are considered on a case-by-case basis. No
additional charges are ever made without a customer's direct approval.
These Terms and
Conditions shall be governed by and construed in accordance with the laws of
the State of Maryland USA, as they apply to agreements made and solely
performed therein. Disputes arising hereunder shall be exclusively subject to
the jurisdiction of the state courts of Maryland..
This Site exists only in the State of Maryland, and the Site only performs
services within the State of Maryland. You agree that your viewing and use of
this Site occurs solely within the State of Maryland, regardless of where your
browser is physically located, and that all content and services are located
in, served from, and performed wholly within the State of Maryland.
Our Document
Preparation Service complies with guidelines established by the Attorney
General of the State of Maryland in Opinion of the Attorney General of the
State of
Maryland
, Opinion No. 95-056 (December 19, 1995). These guidelines provide in part
that:
A Lay advocate,
which is defined as a person not an attorney, may assist a member of the
public by:
-
providing basic
information about the existence of legal right and remedies;
-
provide basic
information about the manner in which judicial proceedings are conducted;
-
assist a person
to prepare a legal leading or other legal document on her own behalf by
defining unfamiliar terms on a form, explaining where on a form the person
is to provide certain information, and if necessary transcribing or
otherwise recording the person's own words verbatim.
Our company cannot
provide legal advice for any situation or case. As such we cannot make
personal recommendations as to what documents should or should not be used and
cannot attempt to predict the legal impact of using any certain response or
form.
I understand that
my situation may be unique, and that the legal information within offered may
not fit my circumstances, in which case seeking the advice of an attorney
would be advisable. Although every care has been taken to insure the accuracy
of the information provided, we do not promise, warranty, or guarantee that
the information is correct, complete, or up-to-date. We are not responsible
for any errors or omissions in the resources or information available within
this Web site.
Each form and
document should be treated as a starting point and should not substitute for
professional legal analysis. The service of the site, our forms and documents,
is licensed with the understanding and agreement that we, any content
provider, and any author, are not engaged in rendering legal, accounting or
other professional services. If legal or other expert assistance is required,
the services of a competent professional should be sought. The user assumes
all responsibilities and obligations with respect to any decisions or advice
made or given as a result of the use of any form or document and for the
selection of a form or document to achieve the user's intended results.
DEFINED TERMS
In these Terms:
"ARAG" means [ARAG
Group, LLC.], a pre-paid legal insurance provider;
"Disclaimer" means
the disclaimer of liability contained in these terms;
"Documents" means
any legal document downloaded from a Website (as detailed in these terms);
"ESP" means Epoch
Software Holdings Plc;
"Guide" the
Website law guide;
"ML" means
MyLawyer.com, Inc.
"Personal Data"
means personal data that identifies you;
"Service" means
the MyLawyer document assembly service based on the Rapidocs system and other
document assembly technologies.;
"Terms" means
these terms [and conditions];
"You" means the
individual person who has subscribed or become a member of the ML Service, and
if so indicated below, the immediate family members of such person (spouse and
children that reside in the same house or apartment).
"Website" means
any website operated by ML.
AGREEMENT
This is a
binding legal agreement between yourself and ML. Your use of this Website
and/or your acceptance without modification of the terms, conditions, and
disclaimers contained in these Terms constitutes your agreement to all such
terms, conditions, and disclaimers. If you do not agree with these terms then
you are not authorized to use this Website.
OUR AIMS
The Service is
intended to bring to the legal market place a product which has never existed
in the past, namely an automated fixed fee document assembly system as a means
to document various legal transactions in a price competitive way. As
indicated elsewhere in this Terms and Conditions Statement, the legal
information and legal documents available from this website is not a
substitute for the legal advice of an attorney who is a member of the bar of
the state where you live.
THE GUIDE
While every
precaution has been taken in compiling the Service, neither ML, nor any
contributors to the Guide can be held responsible for any action (or the lack
thereof) taken by any person or organization, wherever they shall be based, as
a result, direct or otherwise, of information contained in or accessed through
the Guide. ANYONE USING THE GUIDE IS RECOMMENDED TO SEEK SPECIFIC ADVICE
FROM AN ATTORNEY WHO IS A MEMBER OF THE BAR IN THE STATE IN WHICH YOU ARE
RESIDENT BEFORE DEALING WITH ANY SITUATION WHICH MAY BE COVERED BY ANY
INFORMATION CONTAINED IN ANY PART OF THE GUIDE OR BEFORE EMBARKING ON ANY
COURSE OF ACTION.
LEGAL DOCUMENT
SERVICE
Limitations on
the Service
You can purchase
either non-interactive legal forms or interactive legal forms powered by
Rapidocs from this web site. The interactive forms option is known as the ML
Service. You must be aware that the Service is driven by a document assembly
system into which standard legal documents have been inserted in an
interactive format. When used the software will automatically produce a
version of a Document based on a standard text utilizing the information you
have entered. It is however a computer system and while it is interactive, it
does not have human like intelligence and does not have the capacity to think
outside the pre-programmed information contained in it.
What you are
purchasing from ML is a legal product in the form of an "interactive" document
which contains the 'know-how' of ML's expert legal drafters and it is not a
legal service. The legal document products provided are not a substitute for
legal advice provided by a duly licensed attorney. While ML has taken every
care in ensuring the accuracy of the contents of the Documents, due to the
continuing changing nature of the legal systems as well as statute and common
law the information contained in the Documents will during the passage of time
become outdated.
ML will use
reasonable efforts to update Documents. ML believes that the Documents contain
sufficient information to provide you with a starting point in the process of
assembling a standard legal document. The Documents are not suitable to
provide expert legal advice or where any particular transaction will require
the Documents to be amended or altered. They should be utilized as a guide
only to production of the relevant documentation for the particular purpose
ascribed to it.
Telephone Support
ARAG provides
support by attorneys who are members of the bar in the state in which you live
or the state in which the document is to be used to help you through the
process of completing the fields in each Document and to make minor amendments
should you require it.
When you opt for
telephone support from ARAG the Document can be sent automatically through
e-mail by you to our server, which will log your Document on our system.
Telephone support will take the form of a lawyer telephoning you back on the
telephone number given when you logged on to our system. Your Document will be
on screen. Please insure your computer is easily accessible and you can locate
the Document quickly on your system. The attorney will then discuss your
Document with you and during the support session if time allows make suggested
and confirm them to you in an e-mail.
Telephone Support
will be provided during office hours which are [9.00am] to [6.00pm] Monday to
Friday. While ML will do its best to procure support within [48] hours of the
timed receipt of your e-mail request for support ML cannot guarantee that this
will be the case and it will depend upon the available resources within the
call center and the current workload on the system.
Referral If
ARAG is of the opinion that amendments are required to your document and are
sufficiently complex that you need advice from an attorney, or you request
such advice, they will refer you to a panel of approved firm of attorneys
which is maintained by ARAG for this purpose. You will have no financial
obligation to these law firms unless you wish formally to engage them. This
referral information is provided to you for your convenience. This service is
to be distinguished from the Telephone Legal Assistance Network, which is also
administered by ARAG, and which charges a fee on a per telephone call for
legal advice.
Title and
Ownership; No Commercial use limitation; terms of license
(a) No transfer
of title: The Website and Documents, and copies of Documents or the
Website downloaded by you are owned exclusively by ML, and are licensed to you
as provided for in this Terms and Conditions of Use; ML does not transfer to
you title to any tangible copy, or original, of the Documents or any part of
the Website.
(b) License:
Upon payment of applicable fees in respect of a Document, you are authorized
to: (i) make use of the Document for your own personal use, or for the
personal use of your immediate family members. "Personal use" means that the
Document or Website may be copied and used one or more times in respect of a
matter or matters in which You (and/or your immediate family member(s)) are
personally involved as a party. You may not use the Website or the Documents
for any other purpose, and all other rights to the Documents and Website are
specifically reserved. You may not remove the copyright notice and any terms
of license from any Document or any part of the Website, or use the Documents
for any commercial purpose whatsoever. Ownership and copyright in the
Documents and Website belong solely to ML. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, products or services
obtained from this Website.
Re-use of the
documents
We recommend that
you check the Website regularly to ensure that the Documents are the latest
versions before reuse. If they are not and ML has replaced them with revised
versions you are recommended to upgrade to the latest version.
Limitation of
liability in respect of the Documents
ML has included
within this agreement a disclaimer in respect of its liability in respect of
the documents. Please read it carefully as the following are the terms upon
which ML provides Documents to you. -----------------------------------------
DISCLAIMER
RELATING TO THE DOCUMENTS
PLEASE READ THIS
IMPORTANT NOTICE WHICH AFFECTS YOUR RIGHTS
IF YOU USE ANY
DOCUMENT IN THE SERVICE, IT WILL BE ON THE TERMS WHICH ARE STATED IN THIS
DISCLAIMER.
DOCUMENTS
AVAILABLE ON THE SERVICE HAVE BEEN PREPARED BY ML. WHILE ML HAS USED
REASONABLE CARE IN PREPARING THE DOCUMENTS, IN THE MAJORITY OF CASES THEY WILL
HAVE TO BE TAILORED TO SUIT YOUR PARTICULAR CIRCUMSTANCES. THEREFORE THE BASIS
ON WHICH YOU PURCHASE OR MAKE USE OF ANY DOCUMENT IS THAT THE DOCUMENT IS
SUITABLE TO BE USED BY YOU IN CONJUNCTION WITH PROPER ADVICE AS TO ITS
APPLICATION AND ADAPTATION FOR YOUR PARTICULAR REQUIREMENTS. THE DOCUMENTS ARE
NOT MADE AVAILABLE TO YOU ON ANY OTHER BASIS. PLEASE NOTE ALSO THAT THE
DOCUMENTS HAVE BEEN PREPARED IN LIGHT OF THE LAWS OF A PARTICULAR STATE AS SET
FORTH IN THE DOCUMENT, AND THEY WILL NOT BE SUITABLE IN OTHER STATES OR
OVERSEAS. YOU SHOULD NOT USE THEM IF ANY PERSON WHO IS TO SIGN THE DOCUMENT OR
THE PROPERTY WHICH THE DOCUMENT DEALS WITH IS OUTSIDE THE STATE WHERE YOU LIVE
OR INTEND TO USE THE DOCUMENT.
ML DOES NOT TAKE
RESPONSIBILITY FOR, AND YOU AGREE THAT ML IS NOT LIABLE FOR, LEGAL ADVICE
PROVIDED BY ANY PERSON, WHETHER OR NOT SUCH PERSON WAS A REFERRAL FROM ML.
ADVICE YOU RECEIVE FROM A LAWYER IS THE RESPONSIBILITY OF THE ATTORNEY OR
OTHER PERSON ADVISING YOU.
ML WILL NOT HAVE
ANY RESPONSIBILITY AT ALL FOR ANY ALTERATIONS THAT MAY BE MADE TO ANY DOCUMENT
AFTER YOU HAVE DOWNLOADED OR ACCESSED. PLEASE NOTE ALSO THAT ANY
RESPONSIBILITY THAT ML MAY HAVE TO YOU WILL NOT EXTEND TO ANY OF THE
FOLLOWING: LOSS OR DAMAGE WHICH WE CANNOT REASONABLY FORESEE MAY HAPPEN; OR,
LOSS OR DAMAGE WHICH CONSISTS OF OR INCLUDES ANY WASTED EXPENDITURE, INDIRECT
LOSS, LOSS OF PROFITS OR ANTICIPATED PROFITS OR GAINS OF ANY DESCRIPTION OR
LOSS OF BUSINESS.
IF A COURT OR ANY
OTHER BODY HAVING THE POWER TO RULE ON DISPUTES DECIDES THAT ANY PART OF THIS
DISCLAIMER IS NOT REASONABLE OR CANNOT BE ENFORCED FOR ANY REASON, THIS WILL
NOT AFFECT THE VALIDITY OF THE OTHER PARTS OF THIS DISCLAIMER WHICH WILL
CONTINUE TO BE IN FULL FORCE AND EFFECT.
Complaints
ML is dedicated to
providing you with quality products. However in the unlikely event you should
have any complaint with regard to our service or any of the products purchased
from ML, please send an e-mail to support@mylawyer.com. ML will investigate
your complaint and respond to you as quickly as possible and usually within 2
business days of receipt of your e-mail.
Privacy Policy
Because your
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your Personal Data only to operate the service and to inform you of new
features, services, and products supplied by ourselves or selected third
parties. If you wish to discontinue receiving such offers, you may opt out by
'un-ticking' the boxes on the registration page or by contacting us direct.
Click here to review our detailed
Privacy Policy.
Copyright and
trademark notices
The 'MyLawyer'
logo, and the 'RAPIDOCS' logo are used under license from ESH and MyLawyer.com,
Inc. Other company names mentioned on the Website may be the trademarks of
their respective owners.
All contents of
this Website are copyright: © Mylawyer.com, Inc., 2004. No part of the site
may be reproduced in any form whether electronically or otherwise without the
prior consent of ML, other than temporarily in the course of using the Service
or to keep a record of a transaction entered into using the Service.
Any rights not
expressly granted herein are reserved.
Legal identity
This service is
operated by MyLawyer.com, Inc. The telephone network is operated by ARAG
Group, a leading pre-paid legal insurance provider. If you obtain services
from a third party then your contractual relationship is with that third party
and not with ML.
Prohibited use
As a condition of
your use of this Website, you warrant to us that you will not use this Website
for any purpose that is unlawful or prohibited by these terms, conditions, and
notices.
Hyperlinks
This Website
contains hyperlinks to websites operated by third parties. Such hyperlinks are
provided for your reference only. We do not control such websites and we can
not be responsible for their contents. Our inclusion of hyperlinks to such
websites does not imply any endorsement of the material on such websites.
General warranty
and liability disclaimer; limitation of liability
(a) Warranty. ML
MAKES NO IMPLIED WARRANTIES OF ANY KIND, AND HEREBY DISCLAIMS ALL SUCH
WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT.
(b) Liability. In
no event will ML, ESH or ARAG be liable for any indirect, incidental, special
or consequential damages arising out of or in any way connected with the use
of the Documents, this Website or the telephone support service whether based
in contract, tort, strict liability or otherwise. The liability of any of ML,
ESH or ARAG for direct loss arising out of the use of the Documents, this
Website, and the telephone support service whether based in contract, tort,
strict liability or otherwise is limited to the total amount paid, if any, by
you to ML.
Modifications
We reserve the
right to change any terms, conditions, and disclaimers under which this
Website or any service offered through it are offered. This right will not
affect the existing terms and conditions accepted by you upon making a
legitimate purchase using this Website.
Statutory rights
These Terms will
not affect your statutory rights as a consumer.
Non
transferability
Your right to use
the Website and the Documents is not transferable without the specific written
consent of ML.
Access codes and
passwords; no hacking
When you sign up
as a member of ML, you may be provided a password or other access code to
download Documents or otherwise make use of portions of the site that are not
generally available to the public. You agree that these passwords and access
rights are owned by ML and that you will not disclose these passwords or
access codes to anyone or by any means, and that you will maintain such access
codes and passwords securely so that no other person may gain access to such
codes.
Representation of
true intent
You represent that
you are using the Website and the Documents under your own name, and not under
a pseudonym, fictitious name or under an alias or similar false name, and that
all information you have provided about yourself to ML is true and accurate
and not falsified.
Disclosure of
information; Security
Unless provided
otherwise in ML's privacy policy, ML will not provide any personally
identifying information to any third party without your consent (which consent
may be obtained electronically via e-mail or form fill in on the Website);
provided however that you are advised that in the event ML determines in its
reasonable discretion that disclosure of personal identifying information is
necessary to comply with any law, rule order, subpoena, civil investigative
request or demand, discovery request or any other legal requirement, ML may
disclose your personally identifying information to comply with such request,
and it may be disclosed without prior notice to you. ML agrees to take
reasonable efforts to protect your personally identifying information in the
event of such disclosure, provided however, that you agree that ML shall not
be liable to you for any claim by you that ML failed to exercise reasonable
care in protecting your personally identifying information. You also
acknowledge that, despite efforts of ML to maintain your information secure,
the internet is inhabited by many criminal and otherwise malicious persons who
may attempt to crack into ML's computer systems, and that despite ML's
efforts, such person's may be able to obtain copies of your personally
identifying information. You agree that ML is not responsible to you for any
inadvertent disclosure or unauthorized access by any third party of your
personally identifying information.
General
These Terms are
governed by the laws of the State of Maryland You hereby consent to the
non-exclusive jurisdiction of the courts of the State of Maryland in all
disputes arising out of or relating to the use of this Website. Use of this
Website is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including without limitation this clause.
If any part of
these Terms is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of these Terms
will continue in effect. These Terms constitute the entire agreement between
us with respect to this Website and they supersede all prior or
contemporaneous communications and proposals, whether electronic, oral, or
written. A printed version of these terms and of any notice given in
electronic form will be admissible in judicial or administrative proceedings
based upon or relating to these terms to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form.