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The following are the terms and conditions (the "Terms") for the use of the Nomad Legal web site (the "Site")and purchase of any Nomad Legal products.
Your agreement to these terms is required to purchase any Nomad Legal product.
With each visit to the Site you signify your agreement to these Terms.
These Terms were last modified on March 23, 2018.
Nomad Legal Material is defined as any intellectual property, legal materials, documents, forms, templates, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by Nomad Legal or the Site, including any portion thereof.
If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or Nomad Legal Material.
I. Use of Nomad Legal Material
Nomad Legal is not a law firm and does not provide any legal advice or counsel. Users of this web site should consult with their own lawyer for legal advice specific to their legal needs. Nomad Legal offers for purchase general legal agreement forms and templates that allow you, the user, to customize them to your specific agreement detail. Nomad Legal Agreement forms and templates should not be considered as a substitute for legal advise or legal counsel.You agree not to use any Nomad Legal Material for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.
Final Document is defined as the finished legal document or legal document products or other document created through the use of a Nomad Legal product. You are granted a License when you pay for access to a product.
- Legal Advice, Information and Decision Making Responsibility Nomad Legal is NOT a law firm and does NOT provide Legal Advice (as defined below). Your use of Nomad Legal Material does not create a attorney-client or any form of legal representation relationship between you and Nomad Legal or anyone affiliated with Nomad Legal.
You agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue that you are unsure of. You further acknowledge that Nomad Legal Materials are general template forms in substance and any customization occurs by the User. You further agree that you are solely responsible for determining which Nomad Legal Material and which jurisdictional enforcement Version of any Nomad Legal Material may or may not be best for your unique purpose. You acknowledge that Nomad Legal cannot assist you with this decision and it is up to you to seek legal advice in your jurisdiction on this issue if there is any confusion.
You agree that Nomad Legal does not a provider of Legal Advice. If you receive any communication from Nomad Legal, its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is not a communication authorized by Nomad Legal and you agree to immediately delete and disregard it.
Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of Nomad Legal Material, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any Nomad Legal Material.
For the purposes of these Terms, Legal Advice is defined to include the following:
- any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney;
- advice on which legal document or documents you need or are best for your situation;
- determining the legal consequences that will or could result from how you have created your legal document;
- whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;
- whether you have omitted any necessary provisions or details from your legal documents; and
- whether you require any additional legal documents or legal procedures.
2. Restrictions To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any Nomad Legal Material nor will you utilize Nomad Legal Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.
You agree to only use Nomad Legal Material and the Site as a customer. Licenses granted are subject to these Terms, and are non-exclusive, non-transferable, and revocable.
The rights granted under these Terms are granted to you only per purchase, per Nomad Legal product.
If you are an organization, a purchase allows one individual within your organization to exercise the rights granted by these Terms. If multiple individuals within your organization require access, there must be a purchase for each individual. The appointed individual may not be changed.
Nomad Legal retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or Nomad Legal Material at its discretion.
3. Assignment This agreement cannot be assigned.
4. Intellectual Property All copyright, trade marks (including its distinguishing guise and/or trade dress), and other intellectual property rights (registered and unregistered) of Nomad Legal, including Nomad Legal Material, belong to Nomad Legal. Nomad Legal reserves all of its rights in the Nomad Legal Material. Nothing in the Terms grants you a right or license to use any intellectual property rights owned or controlled by Nomad Legal or any other third party except as expressly provided in these Terms. In addition, Nomad Legal Material, contains information and intellectual property that is selected and organized by Nomad Legal and represents significant work made by Nomad Legal. Nothing in the Terms should be construed as granting any license or right to use any Nomad Legal Material or intellectual property displayed or used in any Nomad Legal Material except as expressly provided in the Terms.
You agree to the following:
II. LIMITED WARRANTIES
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, Nomad Legal Material's are provided "as is" without any kind of warranty.
You accept full responsibility for determining whether Nomad Legal Material are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
Except as expressly provided in these Terms, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Nomad Legal Material whether from errors, omissions in Nomad Legal Material or errors, omissions or inaccessibility to any other linked sites, including but not limited to FairClaims online arbitration. (www.FairClaims.com) Use of Nomad Legal Material is offered "as is" and your purchase is at your own risk. You agree to be solely responsible for understanding the online arbitration service provided by FairClaims. You agree to be solely responsible for staying up to date with any FairClaims procedures, status updates and/or offerings. You acknowledge and agree that Nomad Legal is not affiliated with FairClaims and you use any FairClaims dispute resolution provision in any Nomad Legal Material at your own risk.
- Maximum Liability Except as expressly provided in these Terms, the maximum liability of Nomad Legal is the amount paid to Nomad Legal by the customer. The maximum liability of Nomad Legal for any Nomad Legal Material is the portion of the amount paid to Nomad Legal by the customer specifically for the Nomad Legal Material as solely calculated by Nomad Legal.
- Refunds Our maximum liability for any accepted refund is the cost of the Nomad Legal material you request a refund on. You agree that you have no express right to a refund. Nomad Legal, in its sole discretion has the right to issue refunds on a case by case basis. You agree that in purchasing any Nomad Legal Material you are not entitled to a refund in the event you are unsatisfied. Any refund commitments authorized by Nomad Legal are subject to a maximum of the amount paid by the customer and are subject to a claim being submitted within 30 days of purchase.
3. Terms and Headings All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting Nomad Legal Material should it be judicially found that the conflicting Nomad Legal Material is legally relevant to this Agreement under law.
4. Indemnification You agree to indemnify and hold Nomad Legal, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including reasonable legal fees, asserted by any third party due to or arising out of your use of the Site or Nomad Legal Material.
5. Binding Arbitration Subject to exceptions specified herein, if you and Nomad Legal are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration. A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, Nomad Legal will have 120 days to choose and appoint an independent and impartial arbitrator and an independent and impartial arbitration service provider. The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys' fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator. Exceptions to the use of binding arbitration are as follows: Nomad Legal may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief.
6. Class Action Waiver You will not seek to have any dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitration(s) or proceedings.
7. Modification of the Terms Nomad Legal may, in its sole discretion, change these Terms at any time. Other terms and conditions are only valid when signed in writing by an authorized Nomad Legal officer.
8. Severability If any term, covenant, condition or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
9. Waivers No failure or delay, on the part of Nomad Legal, in exercising any right or power under these Terms will operate as a waiver of such right or power.
10. Whole Agreement Except as explicitly set forth in this agreement, these Terms, the pricing displayed on the Site and the Site's Disclaimer, constitute the whole agreement between you and Nomad Legal notwithstanding any:
- communication between you and Nomad Legal, including telephone, email and online chat assistance, and;
- announcements, newsletters or promotional materials from Nomad Legal; and
- Nomad Legal Material other than this agreement.