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PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING Giving Docs.
By using the Giving Docs website (www.GivingDocs.com) and any tools hosted on the website, its content, the software or any associated materials or services (“Services”) made available through this website (collectively, “Giving Docs”), you agree to follow and be bound by these terms of service (“Terms of Service”) and agree to comply with all applicable laws and regulations. These Terms of Service are a contract between , and Giving Docs (referred to as “Giving Docs”, “us” and “we”), and you (referred to as “you” or “user”).
From time to time, we may amend these Terms of Service or establish additional service specific terms, rules, codes of conduct or guidelines (“Guidelines”) that govern a specified service, each of which is incorporated herein by reference. If we modify these Terms of Service, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms of Service. It is your responsibility to review the Terms of Service each time you visit Giving Docs’ website or use Giving Docs to keep up to date with the most current Terms of Service. Your use of Giving Docs reaffirms your continuing agreement to the then current Terms of Service and Guidelines. You acknowledge and agree that your failure to abide by these Terms of Service constitutes a breach of this Agreement for which you may be held liable.
IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE AND DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT USE Giving Docs. BY USING Giving Docs YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE, YOU HAVE THE MENTAL CAPACITY TO USE Giving Docs, ARE NOT UNDER UNDUE INFLUENCE, AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO THESE TERMS OF SERVICE.
Giving Docs IS NOT A LAW FIRM, AND THE EMPLOYEES OF Giving Docs MAY NOT AND ARE NOT ACTING AS YOUR ATTORNEY.
Giving Docs DOES NOT PROVIDE LEGAL ADVICE AND IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. YOU ARE PROHIBITED FROM USING, RELYING UPON OR CONSTRUING ANY OF THE INFORMATION CONTAINED ON THE WEBSITE AS LEGAL ADVICE. YOU MUST CONTACT AN ATTORNEY IN YOUR JURISDICTION IF YOU SEEK LEGAL ADVICE IN ANY FORM OR FOR ANY PURPOSE.
Giving Docs provides a document self-preparation product for individuals who choose to prepare their own legal documents for use in various capacities including, but not limited to, estate planning. This website does not provide legal services and is not a document preparation service. Giving Docs is not a lawyer or law firm, and your use of Giving Docs does not create an attorney-client relationship or privilege. Giving Docs uses the responses and answers provided by the user in an online interview to automatically generate a set of forms. The documents the user prepares using Giving Docs are then shipped to the user with general instructions on the filing process. At no time do we review the answers and responses provided by the user in the online interview for legal sufficiency, nor do we draw legal conclusions, provide advice, or apply the law to the facts of the user's particular situation. Instead, you are and will be representing yourself in any legal matter you undertake relating to your use of Giving Docs. You are solely responsible for your own responses, selections and actions and for independently determining whether the documents and filing instructions provided by Giving Docs comply with the laws, regulations and rules of your applicable jurisdiction.
Giving Docs may include legal information or general statements of the law for informational purposes only. Legal information by itself is often insufficient to resolve legal problems and may not apply to the user’s individual circumstances. The requirements for preparing a proper legal document vary depending on local, state and federal laws, regulations, and the court’s interpretation in the user’s jurisdiction. We cannot guarantee that all of the information provided by Giving Docs is completely current or correct. Because of changes in the law, variations between and within jurisdictions, and different interpretations of the law, you are urged to consult a licensed attorney in their state if you require legal advice or if you have any questions concerning the applicability of the Giving Docs product to your particular circumstances.
Your personal information will be used in order to provide you with the requested products and services. This includes the use of information for completing transactions or communicating back to you.
We may also use personal information in a manner that does not identify you specifically nor allow you to be contacted, but does identify certain criteria about our Site's users in general (such as we may inform third parties about the number of registered users, number of unique visitors, and the pages most frequently browsed).
We will NOT sell or rent your name or personal information to anyone else. We DO NOT sell, rent or provide outside access to our mailing list at all.
If required by law, search warrant, subpoena, court order, or credit card fraud investigation, Giving Docs may be required to release such personal information.
Giving Docs will share your information with third parties only to the extent necessary to provide the services and products requested by you. All such third parties are prohibited from using your personal information except to provide these services and they are required to maintain the confidentiality of your information.
Giving Docs only saves such personal information that is necessary for you to access and use our services. This personal information includes, but is not limited to, first and last name, email address, phone number, other payment processing information and document creation data. Upon request, we will delete your personal information.
The information you provide when you prepare a document on our website is held strictly confidential. For your protection provide a valid email address that will not block email from Giving Docs. To change your password, you must use the email address associated with your account. We do not give out passwords over the phone.
We reserve the right to compile and share aggregated information about our users, transactions completed using our service, sales, and traffic, though we will not share this information in a manner that permits the identification of a specific user.
The material and content accessible from and through Giving Docs is our proprietary information or the proprietary information of the party that provided the content to us. All trademarks, service marks, and logos appearing in Giving Docs are our property or the property of the party that provided us the trademarks, service marks, and logos. Any modifications of the content or use of the content for any use other than your personal use is strictly prohibited and violates our intellectual property rights. We reserve all rights with respect to the ownership and use of Giving Docs.
When accessing Giving Docs or using the associated Services, you shall not infringe or encroach upon our or any third party’s proprietary or intellectual property rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets. You are prohibited from copying, distributing, republishing, uploading, posting, selling or transmitting any of Giving Docs’ documents, materials or content in any way except to use Giving Docs for your authorized use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Neither title nor intellectual property rights are transferred to you as a result of your use of Giving Docs.
All contents of the Giving Docs website are Copyright © 2018 Giving Docs, Inc. and/or its suppliers, affiliates and partners. All rights reserved.
Giving Docs is the trademark of Giving Docs, Inc., The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
You may access Giving Docs and use the associated Services for personal use only. You are prohibited from using Giving Docs for any commercial purpose or gain. If we learn that you are using Giving Docs for a commercial purpose or gain, you agree that our harm cannot be adequately addressed by damages alone and consent to an injunction, both preliminary and permanent. You agree not to engage in any conduct that injures or may injure the business, reputation or goodwill of Giving Docs. You are also prohibited from using Giving Docs for fraudulent or otherwise illegal purposes. If you learn that any user is using Giving Docs for fraudulent or otherwise illegal purposes, you will immediately notify us in writing.
The resale or distribution of Giving Docs’ forms is strictly prohibited.
By using Giving Docs, you represent that you are physically located in a U.S. state, or a jurisdiction located outside the United States, in which your use of Giving Docs is not prohibited by the laws of that state or jurisdiction. You understand that we may monitor your Internet access location, but have no obligation to do so, and may block use or restrict access from a jurisdiction in which use of Giving Docs is illegal or restricted.
Giving Docs’ website may contain links to other web sites and/or contain features and functionalities, which are not operated or controlled by Giving Docs (“Third Party Content”). Giving Docs is not responsible for and does not endorse or accept any responsibility for the content, products, and services (including websites, directories, systems, databases, programs and software products) that constitute Third Party Content. Your interactions, including payment and delivery for goods or services, and any other terms, conditions, warranties or representations associated with Third Party Content are governed by the terms of service and privacy policies for the Third Party Content. Giving Docs makes no representation or warranty as to the accuracy, completeness or authenticity of any Third Party Content. Your linking to any other website is done at your own risk.
Giving Docs expressly reserves the right to terminate your account (including your user name and password) and any other agreements you may have with Giving Docs at any time and to refuse service to anyone.
You may terminate your own account by sending an e-mail to Giving Docs at the following address: admin@Giving Docs.com
Your request for termination must include your user name, the e-mail address associated with the account, the invoice number and any other identifying information requested by Giving Docs to assist Giving Docs’ customer service in locating your account. Giving Docs will terminate the account by terminating your access to the account and removing your personal identifying information and has no obligation to retain your account information after your account is terminated. Please note that Giving Docs may retain information of a general demographic nature such as your state of residence. In addition, transactional information such as the invoice number, amount of the transaction, and credit card authorization number will be maintained as part of Giving Docs’ business records.
YOUR USE OF Giving Docs AND ALL SERVICES IS AT YOUR OWN RISK. Giving Docs IS PROVIDED ON AN "AS IS,” "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Giving Docs 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.
Giving Docs MAKES NO WARRANTY THAT: (A) THE WEBSITE, SERVICES OR MATERIALS PRODUCED FROM USE OF Giving Docs 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 WEBSITE, SERVICES OR ANY MATERIALS OFFERED THROUGH Giving Docs OR INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH Giving Docs WILL BE ACCURATE, RELIABLE OR SATISFACTORY TO THE USER AND (C) THE WEBSITE OR SERVICE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Giving Docs MAY MAKE CHANGES OR IMPROVEMENTS TO ITS MATERIALS AND WEBSITE AT ANY TIME.
YOU, AND NOT Giving Docs, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR COMPUTER IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE OR ITS CONTENT.
PLEASE NOTE THAT THIS AGREEMENT PROVIDES FOR THE MANDATORY ARBITRATION OF DISPUTES AND INCLUDES A WAIVER OF THE RIGHT TO A JURY TRIAL AND CLASS ACTION WAIVER, AS SET FORTH BELOW. THIS DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Most user issues can be resolved informally by contacting Giving Docs customer service by e-mail at admin@Giving Docs.com. However, if you have a dispute with Giving Docs, and you are unable to resolve the dispute informally, you and Giving Docs agree that upon demand by either you or Giving Docs, the dispute will be resolved through binding arbitration. A “dispute” is any unresolved disagreement between you and Giving Docs, regardless of when the claim arose, and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims. All statutes of limitation applicable to any dispute shall apply in any arbitration between you and Giving Docs.
Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the “AAA”) according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the “AAA Rules”). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. In the event of any inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall control. Either party may demand arbitration of a dispute at any time, regardless of whether a lawsuit or other proceeding has previously been commenced. Either party may demand arbitration by completing the form for Consumer-Related Disputes provided for that purpose, and following the instructions on the form. The form is available on the AAA’s website, www.adr.org, or by calling AAA Case Filing Services at 1-877-495-4185. You should attach a copy of this arbitration provision, which will remain available online. If you demand arbitration, you must send a copy of the form or other demand, by U.S. Certified Mail or other overnight, traceable courier, addressed to: Giving Docs, 2707 Park View Dr, Austin, TX 78757. If Giving Docs demands arbitration, you will be sent a copy of the form or other demand, by U.S. Certified Mail or other overnight, traceable courier at the most current postal address that Giving Docs has for you in its records. Except as otherwise provided by applicable law, each party will remain solely responsible for their own attorneys’ fees and expenses incurred in connection with the arbitration.
You and Giving Docs agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this arbitration provision and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; and (5) neither party will be entitled to rely on any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties. This arbitration provision shall survive the termination of any other contract between you and Giving Docs.
BY USING THIS SITE, YOU AGREE, ON BEHALF OF YOURSELF, YOUR ESTATE, YOUR HEIRS AND ASSIGNS, TO RELEASE AND HOLD HARMLESS Giving Docs, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS FROM ALL LIABILITY RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR USE OF THE Giving Docs WEBSITE, ITS CONTENT OR THE Giving Docs SERVICES. 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 THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR." THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
UNDER NO CIRCUMSTANCE SHALL Giving Docs, 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 Giving Docs 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 Giving Docs 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 Giving Docs FOR THE APPLICABLE MATERIALS OR SERVICES OUT OF WHICH LIABILITY AROSE. ANY LEGAL ACTION AGAINST Giving Docs MUST BE BROUGHT IN TEXAS, UNITED STATES, WITHIN ONE YEAR AFTER THE CLAIM AROSE OR IT IS FOREVER BARRED.
You agree to indemnify, defend and hold Giving Docs, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any claim or threatened claim, loss, damages, judgments, awards, costs, expenses (including reasonable attorneys’ fees) resulting from (A) any breach of these Terms of Service by you, including any use of content other than as expressly authorized in these Terms of Service; (B) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
Giving Docs takes all concerns related to intellectual property seriously and it is Giving Docs’ policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user’s account if the user has infringed or appears to infringe on the intellectual property rights of others or has otherwise violated any intellectual property laws or regulations. If you believe that any material on this website infringes a copyright, or any valid intellectual property right and want Giving Docs to edit, delete or disable the material in question, you must provide the following information to Giving Docs’ DMCA Agent in writing:
Please provide this information to Giving Docs’ DMCA Agent at the following address: admin@GivingDocs.com
Due to security concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
When accessing Giving Docs or any Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that is (A) libelous, defamatory, obscene, pornographic, abusive or threatening; (B) advocates, encourages or constitutes conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation or (C) advertises or otherwise solicits funds or is a solicitation for goods or services. Giving Docs reserves the right to terminate or delete any content it deems inappropriate from its servers. Giving Docs will cooperate fully with any law enforcement officials or agencies in the investigation of these Terms of Service or any applicable laws.
People under the age of 18 are not eligible to use Giving Docs and we ask that they do not submit any personal information to us.
Giving Docs exists solely within the State of Texas. These Terms of Service will be governed and interpreted pursuant to the internal laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and Giving Docs arising out of these Terms of Service or pertaining to the subject matter hereof. You agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service or pertaining to the subject matter of these Terms of Service will be in the state and federal courts in Texas.
North Carolina Consumers: We provide watermarked blank document templates upon request. To request such templates, please write to us at 119 West 24th Street, 4th Floor, New York, NY 10011, specifying which document templates you are requesting. The name and address of the attorney reviewing such documents shall be provided upon request.
No failure on the part of Giving Docs to enforce any part of these Terms of Service and no action on the part of Giving Docs shall constitute a waiver of any of Giving Docs’ rights under these Terms of Service whether for past or future actions on the part of any person, provided, however, that only a specific, written waiver signed by an authorized representative of Giving Docs shall have the legal effect of a waiver.
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, then that provision shall be deemed modified or limited only to the extent necessary to bring it within a legal requirement or will be severable from the Terms of Service and shall not affect the validity and enforceability of the Terms of Service.
Consumer satisfaction is a top priority for Giving Docs. If you are unsatisfied with your experience using the service, please contact us at email@example.com and a company representative will follow-up to resolve your issue.