Supplemental Terms of Service for Advantage Subscriptions
Welcome to the Terms of Service for the LegalZoom Business Advantage Standard, Legal Advantage Standard, and Continuing Coverage Protection (collectively referred to as the "Advantage Subscriptions"). In addition to the LegalZoom.com, Inc. ("LegalZoom") Terms of Use, that govern your use of the LegalZoom website, and LegalZoom Terms of Service, these supplemental terms of service (the "Supplemental Terms" or the "Agreement") constitute a legal agreement between you and LegalZoom detailing the terms of your use of the Advantage Subscriptions. LegalZoom hereby provides you with an Advantage Subscription, with access to the Advantage Form Library (the "Library"), with discounts off certain LegalZoom products, and certain other benefits described below, for a fixed term. This Agreement is effective as of the date you accept its terms by purchasing an Advantage Subscription or accepting a free trial thereof (the "Effective Date"). If you sign up for an Advantage Subscription, you accept these terms, conditions, limitations, and requirements. Please read these Supplemental Terms carefully.THIS AGREEMENT - TOGETHER WITH THE LEGALZOOM TERMS OF USE, TERMS OF SERVICE, PRIVACY POLICY, AND ANY OTHER APPLICABLE TERMS - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND LEGALZOOM. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE AND LEGALZOOM MAY REFUSE ACCESS TO ANY OR ALL OF AN ADVANTAGE SUBSCRIPTION FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
THE ADVANTAGE SUBSCRIPTIONS ARE NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES.
1. License Grants. LegalZoom grants you a non-exclusive, non-transferable worldwide right to use the Library, subject to these Supplemental Terms. This license allows you to access, download, use, and edit forms in the Library for your personal use. You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Library or any content therein; or (ii) modify, edit, reproduce, reverse engineer, alter, enhance, make derivative works based on or referring to or in any way exploiting the Library, its content, or its source code, except for modifications based on access and use of the Library specifically authorized by these Supplemental Terms. All rights not expressly granted to you are reserved by LegalZoom and its licensors. You must have a LegalZoom account to sign up for an Advantage Subscription and use the Library. We reserve the right to accept or refuse membership in our discretion. You may not transfer or assign your Advantage Subscription or these benefits.
Unless explicitly stated otherwise, any new features that augment or enhance the current Library or your Advantage Subscription, including the release of new forms, shall be subject to these Supplemental Terms. LegalZoom may subcontract any work, obligations, or other performance required under an Advantage Subscription without your consent.
2. Benefits of Advantage Subscription
a. All Advantage Subscriptions provide the benefits described herein.
(i) Access to the Library;
(ii) A 10% discount on all LegalZoom products (excluding filing fees and third-party fees);
(iii) Use of the Vault Document Storage Service ("Vault Service") for electronic document storage of copies of certain qualifying executed LegalZoom documents (each a "Vault Document"), including Last Will and Testaments, Living Trusts, Living Wills, Powers of Attorney, and Pet Protection Agreements; and
(iv) For Continuing Coverage Protection members, unlimited revisions to LegalZoom Last Will and Testaments, Living Trusts, Living Wills, Powers of Attorney, and Pet Protection Agreements.
(ii) A 10% discount on all LegalZoom products (excluding filing fees and third-party fees);
(iii) Use of the Vault Document Storage Service ("Vault Service") for electronic document storage of copies of certain qualifying executed LegalZoom documents (each a "Vault Document"), including Last Will and Testaments, Living Trusts, Living Wills, Powers of Attorney, and Pet Protection Agreements; and
(iv) For Continuing Coverage Protection members, unlimited revisions to LegalZoom Last Will and Testaments, Living Trusts, Living Wills, Powers of Attorney, and Pet Protection Agreements.
3. Vault Service.
a. No Original Documents.
Do not send your original documents (each an "Original Document"). Customers using the Vault Service are encouraged to retain their Original Documents and provide LegalZoom with copies of Original Documents as Vault Documents. Customers should preserve Original Documents in a secure and safe location. The Vault Service is intended to provide a record of, and not to serve as a repository for, Original Documents. LegalZoom will not accept Original Documents as Vault Documents and, if apparent, will make reasonable efforts to return Original Documents received to you; provided, however, that if an Original Document is submitted and retained as part of the Vault Service, it will be deemed a copy and preserved electronically as a Vault Document. LegalZoom accepts no liability for preservation of Original Documents.
b. Reservation of Rights.
LegalZoom reserves the right to store Vault Documents in any format, including hard and/or electronic copies. If you provide LegalZoom with a hard copy Vault Document, you acknowledge that LegalZoom may create an electronic copy of such Vault Document and destroy the hard copy. References to "photocopy" and "copy" in these Terms of Service and other LegalZoom materials, including without limitation the Site, emails, letters, guides, and brochures, do not imply that LegalZoom retains hard copies of Vault Documents. The terms "photocopy," "copy," and "electronic copy" are used interchangeably throughout these Terms of Service.
4. Use.
a. General Practices.
You acknowledge that LegalZoom may establish general practices and limits concerning use of its Advantage Subscriptions, including without limitation the maximum number of forms you may access in the Library in a given period of time, the number of times (and the maximum duration for which) you may access the Library in a given period of time.
b. Right to Change Practices.
You acknowledge that LegalZoom reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
c. Responsibility for Misuse.
You are responsible for all expenses incurred or other actions that may occur through your use of an Advantage Subscription. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of an Advantage Subscription, the Library, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
5. Authority to Enter Agreement. If you are entering into these Supplemental Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority or if you do not agree with these Supplemental Terms, you may not sign up for or use any Advantage Subscription or the Library. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in these Supplemental Terms and the order you placed, including without limitation, the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication, reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.
6. Payment.
a. Advantage Subscription Fees.
If you purchase an Advantage Subscription, you hereby agree to pay all charges to your account made therefore, including but not limited to applicable taxes and fees for the use of additional features not included as part of your Advantage Subscription. You will be charged in accordance with the billing terms in effect at the time of your initial purchase. For any Advantage Subscription you purchase that is charged in full upon purchase, you agree that for each renewal period for such Advantage Subscription, the amount due for the next subscription period will be due and immediately payable in full as of the first day of your renewed subscription period. For each Advantage Subscription, your charge remains for each subscription period no matter if you access the Library or Site during any subscription term. In other words, EVEN IF YOU DO NOT USE THE ADVANTAGE SUBSCRIPTION, INCLUDING BUT NOT LIMITED TO ACCESSING THE LIBRARY, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. For more information regarding canceling your Advantage Subscription, see the "Termination or Cancellation" section below.
b. Billing.
To allow payment for the initial term of an Advantage Subscription, valid credit card information is due at the time of purchase.
Your Advantage Subscription will renew automatically at the end of the initial term (the "Billing Date") and at the end of each term thereafter unless and until you give notice of your intention to terminate your Advantage Subscription pursuant to the terms of this Agreement. If you do not give us notice of such intention, your credit card will be charged for the renewal term of your Advantage Subscription on your Billing Date. If your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month. LegalZoom may adjust your Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to your account on a pro-rated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless otherwise notified in advance by LegalZoom pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Advantage Subscription.
You agree to pay LegalZoom the fees associated with your Advantage Subscription. Additional discounts may be available for members purchasing multiple months up front or as part of certain promotions. A schedule of fees for the Advantage Subscriptions is set forth below:
| Business Advantage Standard subscription: | $7.99 per month |
| Legal Advantage Standard subscription: | $7.99 per month |
| Continuing Coverage Plan : | $4.99 per month |
c. Notice of Automatic Renewal.
We will send a reminder email to the email address of record for your account approximately one week before your Billing Date. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) inability to receive, or (iii) the failure of LegalZoom to send the email does not create any liability on the part of LegalZoom or any third-party service provider.
d. Promotional Trial Memberships.
We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Supplemental Terms except as otherwise stated in the promotional offers. AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL BY CALLING 877-657-8787, YOUR ADVANTAGE SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL TERM.
7. Changes to Advantage Subscriptions and Library.
a. General Changes.
LegalZoom may change, modify, add, remove, suspend, cancel or discontinue any aspect of an Advantage Subscription or the Library, including the functionality, content and/or availability of any features of such Advantage Subscription or the Library, at any time in LegalZoom's sole discretion; provided, however, that any such change, modification, addition, removal, suspension, cancellation, or discontinuation shall become valid only on approval by an executive officer of LegalZoom and if such approval is endorsed on or attached to this Agreement. We may also impose limits on certain features and services or restrict your access to all or part of the Library or your Advantage Subscription without notice or liability at any time.
b. Fee Adjustments.
LegalZoom may increase its fees for any Advantage Subscription effective the first day of a renewal term by giving you notice of the new fees at least thirty (30) days before the beginning of the renewal term. If you do not cancel your subscription pursuant to Section 8, you shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the next renewal term without any pro rata for the period covered under the prior fee schedule.
8. Termination or Cancellation.
a. By LegalZoom.
(i) LegalZoom may terminate your use of all or part of the Library or your Advantage Subscription in its sole discretion; provided, however, that, as your sole remedy, we will refund to you any prepaid fees actually paid specifically related to the current term of that Advantage Subscription or part thereof.
(ii) If payment is not made on the Billing Date, as described in Section 8 above, you will have until the one (1) month anniversary of your Billing Date to correct the credit card information on file and post a payment to your account. If after the expiration of this grace period you have not made any payment on your Advantage Subscription, your non-payment may result in suspension of service and subsequent termination of your Advantage Subscription.
(iii) Your right to use an Advantage Subscription is subject to any limits established by LegalZoom or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, LegalZoom reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating this Agreement and all obligations of LegalZoom hereunder. If a charge made to your credit card is declined, LegalZoom may make up to five (5) attempts to bill that card over a thirty (30) day period.
(iv) If you wish to reactivate your account after such termination, there will be no setup or reactivation fees; provided, however, accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation.
(ii) If payment is not made on the Billing Date, as described in Section 8 above, you will have until the one (1) month anniversary of your Billing Date to correct the credit card information on file and post a payment to your account. If after the expiration of this grace period you have not made any payment on your Advantage Subscription, your non-payment may result in suspension of service and subsequent termination of your Advantage Subscription.
(iii) Your right to use an Advantage Subscription is subject to any limits established by LegalZoom or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, LegalZoom reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating this Agreement and all obligations of LegalZoom hereunder. If a charge made to your credit card is declined, LegalZoom may make up to five (5) attempts to bill that card over a thirty (30) day period.
(iv) If you wish to reactivate your account after such termination, there will be no setup or reactivation fees; provided, however, accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation.
b. By Subscriber.
(i) After you have received this Agreement, you have ten (10) days in which to examine it. If during this period you decide that you are not satisfied with the Agreement, you may return the Agreement to us and have any prepaid amounts refunded. If the Agreement is returned, the Agreement shall be void from the beginning and the parties shall be in the same position as if this Agreement had not been issued.
(ii) You will have the right to cancel your Advantage Subscription by providing at least five (5) days' notice before the start of the next renewal period for such Advantage Subscription. After such cancellation, your Advantage Subscription will remain active until the end of then-applicable period.
(ii) You will have the right to cancel your Advantage Subscription by providing at least five (5) days' notice before the start of the next renewal period for such Advantage Subscription. After such cancellation, your Advantage Subscription will remain active until the end of then-applicable period.
c. Services After Termination.
After termination of your Advantage Subscription, either by you or by LegalZoom, you will not be able to access the corresponding Advantage Subscription offerings.
9. Dispute Resolution. The parties agree to arbitrate all disputes and claims pursuant to the paragraph 10 of LegalZoom's Terms of Service.
10. NO GUARANTEE. LEGALZOOM MAKES NO GUARANTEE THAT ANY FORM IN THE LIBRARY IS SUITABLE FOR A PARTICULAR PURPOSE, NOR THAT ANY FORM INCLUDED OR REFERENCED IN THE LIBRARY OR PROVIDED BY EMAIL, OR INFORMATION PROVIDED BY THE LIBRARY OR BY EMAIL IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. FURTHERMORE, LAWS, REGULATIONS, AND ADMINISTRATIVE REQUIREMENTS OFTEN CHANGE, AND THEIR APPLICATION AND IMPACT VARY FROM COMPANY TO COMPANY AND INDUSTRY TO INDUSTRY. ACCORDINGLY, NEITHER THE LIBRARY NOR ANY EMAIL COMMUNICATION IS INTENDED TO PROVIDE OR SUBSTITUTE FOR ACCOUNTING, LEGAL, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES. THEY ARE OFFERED FOR INFORMATION PURPOSES ONLY AND THE LIBRARY SERVES ONLY AS A VENUE FOR INDIVIDUALS TO VIEW AND DOWNLOAD SPECIFIC FORMS. THE LIBRARY, ANY EMAIL COMMUNICATIONS AND THE INFORMATION CONTAINED IN ANY OF THESE ARE NOT AND SHOULD NOT BE CONSTRUED OR RELIED ON AS LEGAL ADVICE. COMPLIANCE WITH ALL LAWS AND REGULATIONS REMAINS YOUR SOLE AND ABSOLUTE RESPONSIBILITY. BEFORE TAKING ANY BUSINESS OR LEGAL ACTION BASED ON INFORMATION FROM THE SITE, THE LIBRARY OR ANY EMAIL COMMUNICATION, YOU SHOULD CONSULT WITH A FINANCIAL OR LEGAL PROFESSIONAL TO VERIFY DEADLINES AND DETERMINE WHETHER SUCH ACTIONS ARE APPROPRIATE FOR YOU BASED ON YOUR PERSONAL OR BUSINESS NEEDS. NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN REGARDING THE LEGAL OR OTHER CONSEQUENCES RESULTING FROM THE USE OF THE LIBRARY OR ANY ADVANTAGE SUBSCRIPTION.
Updated: January 6, 2012