TERMS AND CONDITIONS
Poder Legal, Inc. (“Company”, “us” or “we”) through our website (www.yourlegalkey.com; the “Site”) provides (i) online general legal information to give you general understanding of the law and commonly encountered legal issues; (ii) an automated software solution to individuals for filling out and creating certain legal forms based on the specific information and direction which you provide; (iii) a review of your answers for general completeness; (iv) and, delivery of the forms. (the “Forms Service”). In certain limited jurisdictions the Company introduces visitors to attorneys through the use of a third party attorney directory listing (“Referral Service”; collectively “Services”). In these Terms and Conditions (“Terms”), the words “you” and “your” refer to each customer, Site visitor, or Application user. These Terms govern your use of our Service.
The Company is not a law firm or a substitute for an attorney or a law firm. As such, we do not and cannot review your answers for legal sufficiency, provide any legal opinion, legal recommendation or legal advice about your particular case. Our Site does not intend to nor does it create an attorney-client relationship with you by your use of it. If you have any legal questions or specific or unique problems, please consult with and obtain legal advice from a qualified attorney. The Company is not associated with any Court, USCIS, or any other governmental agency
- Pricing and Fees: Prices posted on the Site solely represent the fees which are payable to the Company for your use of the Services (“Purchase Price”). The Purchase Price does not include any governmental application, biometric, processing or filing fees, which may be required depending the circumstances (“Filing Fees”). You must pay Filing Fees separately to the respective agency at the time your legal documentation is filed or submitted to said agency.
- Service Limitations/ Disclaimer: The Company strives to keep its legal documents accurate, current and up-to date. However, because the law changes rapidly and constantly, we cannot guarantee that all of the information on the Site is current. Given that the law is different from jurisdiction to jurisdiction, and different forms are required by each county our Services are limited while we continue to grow. Currently we can assist in the following jurisdictions: (i) Immigration – throughout the United States; (ii) Wills & Trusts – throughout California; (iii) Family Law – the following counties in California: San Diego County, Orange County, Riverside County, Los Angeles County and San Bernardino County. If you would like to request assistance for other jurisdictions located in California, please contact us at email@example.com
- Directory Listing & Referral Services: Although the Company provides its users with a directory of third party attorneys, it does so only as an intermediary. The Company is not affiliated with the third party attorneys listed. Any attorney-client relationship formed is solely between you and the attorneys you speak with. The Company is not responsible for the quality of the information or legal services provided by the attorneys that you contact.Nonetheless, in an effort to better serve you the Company sets certain guidelines for attorneys to participate under the referral service and/or directory listing. The primary handling attorney of the law firms participating in the third party attorney directory listing must fulfill the following requirements: (a) possess a minimum of three years’ experience practicing law; (b) maintain errors and omissions insurance policies consistent with industry standards; (c) be in good standing with the state bar in each jurisdiction in which the attorney is licensed to practice; (d) have no pending malpractice lawsuit, as of the date of joining the Company’s Referral Service; and (e) has no public record of discipline by a state bar within the last five years. Such guidelines set by the Company does not guarantee any results in your case, quality of service or satisfaction of representation by the attorneys. You are responsible for paying the attorney for any and all services provided.It the sole responsibility of the attorneys and law firms to ensure that any information they post or place on the Company’s website, and any communications they may have with prospective clients, complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
- Guaranteed Acceptance – Refund Policy: The Company offers a 100% guarantee that your forms will be accepted by the court or USCIS, as applicable. If the forms are not accepted due to incorrectly filled out forms or outdated forms, we will make any changes requested by the court, judge or governmental agency (without charge), or a refund of your Purchase Price will be issued. This guarantee does not cover rejections that are the result of incorrect information, misrepresentation or false information provided by you, your failure to follow the filing instructions or ineligibility of benefits. Forms must be filed within thirty (30) days of your receipt from the Company or they will be ineligible for this guarantee. Refund requests must be made within sixty (60) days of the date the rejection letter was issued by the court, USCIS or the applicable governmental agency. Refunds will be paid to the individual who made the original payment to the Company. We reserve the right to request additional information regarding the basis for the rejection prior to issuing a final refund. To request a correction or a refund, please contact us at firstname.lastname@example.org with your name, order number and reason why you are requesting the refund.
- Assumption of Responsibility: You hereby acknowledge and agree that: (i) The Company is not responsible for any denial or rejection of your legal documents by any court, USCIS, or any other governmental agency due to your failure to timely or properly file your legal documents; (ii) The Company is not responsible for your denial of your legal documents due to your underlying ineligibility to qualify for the requested benefit; (iii) The Company is not responsible for timely processing of your legal documents by any Court, USCIS, or any other governmental agency; (iv) The Company is not responsible for the court, USCIS, or any other governmental agency not following their own guidelines; (v) and, the courts and USCIS constantly updates forms and changes fillings fees. If for any reason you will delay in filing your legal forms, please confirm that the forms you received from the Company are still current and the filing fees remain the same.
- Google™ Translate Disclaimer: The official language used for legal forms in the United States is English. Google™ Translate is a free online language translation service that can translate text into different languages. Computerized translations are only an approximation of the original content and should not be considered exact and in some cases may include inaccurate language.
Please be aware that when you include a written response in a language other than English, Your Legal Key will use Google™ Translate to translate your response to English when filling out your forms. In order to ensure accuracy Your Legal Key recommends that your written responses by provided, when possible, in English. If you are unable to do so, please be aware that Your Legal Key does not review or revise for accurate translation nor does it warrant the accuracy or reliability of any information translated by Google™ Translate. You assume the risk of any inaccuracies, errors or other problems encountered with the translation. Your Legal Key is not responsible for any damage or issues that may possibly result from using Google™ Translate. As such, we advise that before submitting any documents to the court or any other governmental entity you review, or have someone assist you in reviewing, your forms for accuracy.
- Right to Refuse: You acknowledge that the Company reserves the right to refuse service to anyone at any time, with our without cause.
- Use of Information Submitted: The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to the Company (“Feedback”), including responses to questionnaires or through postings to the Services, including the Site and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against the Company and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- Third Party Sites & Applications: You may encounter third-party applications (including, without limitation, websites links, widgets, software, or other software utilities) (“Applications”) that interact with the Site and Services. Such Applications are owned or operated by third parties that are not related to with, endorsed, or sponsored by the Company. Use of an Application is at your own option and risk.
- Ownership & Intellectual Property:
- The Site: The Site and Applications are owned and operated by Poder Legal, Inc. All right, title and interest in and to the materials provided on the Site and Applications (excluding any Government forms and documents), including but not limited to information, documents, logos, graphics, images, layout, trade dress and other graphical elements (the “Materials”) are owned either by Poder Legal, Inc. or by our respective third party authors, developers or vendors that have licensed the Materials to the Company (“Third Party Providers”). Except as otherwise expressly provided by Poder Legal, Inc., none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way, including but not limited on any other website, and nothing on the Site or on any Applications shall be construed to confer any license under any of the Company’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are hereby reserved by the Company.
- Copyright: All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Poder Legal, Inc. ALL RIGHTS RESERVED.
- Trademarks: The Service, including all content provided on the Site, is protected by copyright, trade secret or other intellectual property laws and treaties. “YourLegalKey.com” all images and text, and all page headers, custom graphics and button icons are service marks, registered trademarks and/or trade dress of Poder Legal, Inc.
- Infringement Claims: If you are a trademark or copyright owner and believe that any content on the Site may result in an intellectual property rights infringement, please mail your notification to: Your Legal Key, Attention: General Counsel, 272 Church Ave., Ste. 3, Chula Vista, CA 91910.
- Limitation of Liability and Indemnification: EXCEPT AS PROHIBITED BY LAW, YOU AGREE TO HOLD THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, IF ANY), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID TO THE COMPANY FOR THE SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Arbitration Agreement: We strive to resolve all of your concerns quickly and to your satisfaction by contacting Customer Support via e-mail at email@example.com. However, in the event that your concerns are not satisfactorily resolved by our Customer Support or if the Company has been unable to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve those disputes through binding arbitration or in small claims court rather than in court of general jurisdiction. You may speak with your own independent counsel before using this Site or purchasing any Service. Your use of this Site and the purchase of any Service constitutes your agreement to these Terms.
- For the purposes of this Arbitration Agreement, references to “The Company,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
- You and the Company agree that any dispute, claim or controversy arising out of or relating in any way to the Service, these Terms and this Arbitration Agreement, shall be determined by binding arbitration, by a single arbitrator, or in small claims court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
- If you elect to seek arbitration or file a small claim court action, you must first send by certified mail a written Notice of your claim (“Notice”) to Poder Legal, Inc. The Notice must be addressed to: Poder Legal, Inc. Attention: General Counsel, 272 Church Ave., Ste. 3, Chula Vista, CA 91910. (“Notice Address”).
- If the Company initiates arbitration, it will send a written Notice to the email address used for your Site account. A Notice, whether sent by you or by The Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If The Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or The Company may commence an arbitration proceeding or file a claim in small claims court.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. The single arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless the Company and you agree otherwise, any arbitration hearings will take place in California, in the county of San Diego.
- If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- If the total amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a panel of three arbitrators administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
- YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
- Notwithstanding any provision in the applicable Terms to the contrary, the Company agrees that if a future change is made to this arbitration provision that change will not apply to any dispute of which the Company had written notice on the effective date of the change.
- Inquiries: By visiting the Site or using the Services you acknowledge and accept that submitting your telephone number to the Company via the Site or applications constitutes an inquiry to the Company. As such, the Company may contact you at the number submitted even if such number appears on any state or federal do not call list.
- Severability: If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of laws. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement herein.
- Notice for California Users: Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Miscellaneous: The Terms contained herein are the entire agreement between you and the Company and supersede all prior and contemporaneous oral and written agreements and discussions. No employee of the Company is authorized to modify these Terms or to make any representations, commitments, or warranties that bind the Company. All binding representation or modifications shall be made in writing by an authorizes officer of the Company. No act of the Company shall be construed to be a waiver of any provision of these Terms unless such waiver is in writing and signed by an authorized officer of the Company. The Terms do not limit any rights that Company may have under trade secret, copyright, patent or other laws. Any claim or cause of action arising out of or related to the use of the Site, the Service or the Terms must be filed within one (1) year after such claim or cause of action arose.
- Acknowledgement: By visiting the Site or using the Services you acknowledge that you have read these Terms and agree to be bound by them.
- Customer Support: To find more information about our Services, or if you need assistance with your account, please contact Customer Support via e-mail at firstname.lastname@example.org or via mail to Your Legal Key ATTN: Customer Support, 402 W. Broadway Suite 1200 San Diego, CA 92101.
Effective Date: March 23, 2018.