Terms and Conditions
The Personal Legal Protection website (Website) is provided by Epoq, Inc., which is a Massachusetts corporation (ID 001419563) whose registered office address is 82 Wendell Avenue, STE 100, Pittsfield, MA 01201 (Epoq).
References to our, us and we on the Website are references to Epoq.
These terms and conditions (Conditions) govern your use of (1) the Website and (2) the document preparation service provided to users of the Website (Document Preparation Service). Our notice of ownership of intellectual property rights (Intellectual Property Rights Notice) as detailed on the Website forms a part of the Conditions.
It is important that you read and understand the Conditions before you start to use the Website. You can print and keep a copy for your reference.
By using the Website, you indicate that you accept the Conditions and that you agree to abide by them. If you do not agree to the Conditions, please refrain from using the Website.
We respect your privacy and permit you to control the treatment of your personal information. Please refer to the Privacy Notice on the Website for information about how we collect and deal with your personal information when you use the Website.
We grant to you a non-exclusive, non-transferable, limited license only to use the Website, and the services available on it, in accordance with the provisions set out in the Conditions. In particular, the Website, and the services available on it, are for your personal use only. You may not use the Website, or any of the services available on it, for any professional or commercial purpose (including use of the Document Preparation Service to create legal forms or documents for resale). All rights not expressly granted to you in the Conditions are reserved by us and, if applicable, our licensors.
You represent and warrant that you possess the legal right, capacity and ability to agree to the Conditions and use the Website in accordance with them. If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old. If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to the Conditions on behalf of such organization and all references to you throughout the Conditions will include such organization, jointly and severally with you personally.
Minors are not eligible to use the Website and we ask that they do not submit any personal information to us.
Reasonable efforts will be made to keep the Website available for use and functioning efficiently and reliably; however, we cannot guarantee any minimum levels regarding the performance, speed, reliability, availability, use or consistency of the Website because the Website depends on the internet, including networks, cabling, facilities and equipment that are not within our control. We will not be liable for any damage or loss suffered as a result of any interruption in the availability of the Website or reduction in performance levels.
Due to the nature of the internet and the possibility of third-party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description or any forms of computer misuse. We will not be liable for any damage or loss caused by such third-party interference as a result of your use of the Website. You acknowledge that you are responsible for taking back up copies of your data and taking appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse. In particular, without limitation, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
Website content (other than the document templates)
We aim to update the Website regularly and may change the content at any time. Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material. The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.
You warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by the Conditions, and any other notices appearing on the Website.
Without limitation, you must not, directly or indirectly:
- misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, Adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- attempt to gain unauthorised access to the Website, any server on which the Website is stored or any server, computer or database connected to the Website or disable or circumvent any access control or related process or procedure established with respect to the Website;
- scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
- forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website;
- impersonate or falsely represent your association with any person, including a representative of ours;
- disrupt or threaten the integrity, operation or security of any website, any computer or any internet system;
- extract, gather, collect, or store personal information about others without their express consent;
- attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- use the Website in any way that breaches any applicable local, national or international law or regulation, or which is in any way unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
- use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
Website access arrangements and security
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Conditions, and that they comply with them.
You are responsible for the security of any usernames, passwords or access codes that are required for you to access the Document Preparation Service and for ensuring that they are not misused. You must treat such information as confidential and you must not disclose it to any third party. You agree to notify us immediately of any unauthorized use of your access information and to assist us, as requested, to stop or remedy any breach of security related to your access information.
We shall not be liable for any losses you incur as a result of someone else's use of your access information, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your access information.
On no account should access information be used for gain - for example, by selling access to others to our services.
You may not use a third party's access information at any time.
You agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
Without limiting any of our other rights, we may suspend, restrict or terminate your use of the Website and disable your access information without notice if, in our sole and absolute discretion, we determine or believe that you have failed to comply with any of the Conditions.
We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
If there are links from the Website to other websites operated by third parties, these are provided as a convenience only and we do not guarantee you will be able to access those other websites via any link on the Website. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third-party websites or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites, nor do we accept any responsibility for any damage or loss you may suffer as a result of your use of any third-party websites. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party website.
You may not establish a link to this Website from any other website without our prior written consent.
No attorney-client relationship
We are not a law firm. We may not perform services which must be performed by an attorney. The services available on the Website provide general legal information only, similar to that provided by self-help law books and legal forms offered for sale through retail outlets. They should not be understood as providing legal advice to be applied to a specific situation. The Document Preparation Service is not a legal service; it is an automated software solution provided to persons who choose to prepare their own legal documents.
The law is a personal matter, and no general information or automated solution of the sort that we provide can fit every circumstance. Further, the law differs from jurisdiction to jurisdiction, and may be interpreted or applied differently depending on your location or situation. Because of this, we cannot, and do not, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, or strategies, or apply the law to the facts of your particular situation. Nor, when you use the Document Preparation Service, can we provide you with any legal advice about which template to select, whether a template is appropriate for your situation, draw legal conclusions from your answers or review your answers for legal sufficiency.
THE SERVICES AVAILABLE ON THE WEBSITE ARE NOT SUBSTITUTES FOR THE ADVICE OR SERVICES OF AN ATTORNEY.
Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our automated solution, you should consult an attorney in your area.
Use by you of the services available on the Website does not create an attorney-client relationship between you and us. Instead, you are and will be representing yourself in any legal matter you undertake through the Document Preparation Service. ANY PERSONAL INFORMATION YOU PROVIDE TO US WHEN YOU USE THE SERVICES AVAILABLE ON THE WEBSITE IS NOT COVERED BY ATTORNEY-CLIENT PRIVILEGE OR WORK-PRODUCT PROTECTION.
Document Preparation Service
The online document preparation service collects relevant information and data to assist in the preparation of a legal document (Document) from a document template using an automated software solution.
When using the Document Preparation Service, you will be asked a series of questions by a document assembly and drafting system (System). The answers you give will dictate the content of the Document produced automatically by the System from the document template. You alone are responsible for ensuring the answers or any information that you give are correct (this includes information in relation to the identity of any parties or signatories, their age or capacity). Since the System is automated, the Document Preparation Service relies on you providing the correct information. You must carefully check that the Document produced fully reflects your wishes. If it does not, you should not sign it.
All Documents should be used in conjunction with proper advice as to their suitability for your particular requirements and circumstances. We cannot be responsible if you use a Document, or alter or amend it, without seeking proper advice.
We disclaim all liability for actions taken or not taken based on a Document.
It is your responsibility to ensure that any Document is properly signed.
The document templates available on the Website from which Documents can be created by you using the System have been prepared to produce Documents that comply with the law of a particular jurisdiction only, as is clearly indicated on every document template or on the Website. A reference in the Conditions to the chosen jurisdiction is a reference to the jurisdiction chosen by you when selecting a template and/or while using the System to create a Document from a template.
If any person or entity that is to sign a Document is outside the chosen jurisdiction, it is your responsibility to ensure that any Document is properly signed in accordance with the requirements of that jurisdiction where those requirements prevail.
Documents are prepared for use in accordance with the law of the chosen jurisdiction. You should not use them in any other jurisdiction, or if property the Document deals with is outside the chosen jurisdiction.
We recommend that before reusing a Document you check the Website to ensure that it was created from the latest version of the relevant template. If we have replaced the template with a revised version, we recommend that you obtain the latest version.
Documents completed online will be stored for a minimum period of six years. After this period, you may not be able to obtain online access to your Documents, and they may be deleted. We reserve the right to levy a reasonable recovery charge in respect of any Documents that are capable of being recovered. If you have not logged in to the Website for a period of twelve months or more, then we reserve the right to store your Documents offline and levy a reasonable recovery charge for you to access them again.
We will not have any responsibility for the following:
- verifying your identity, authority or capacity to create a Document, or your answers or any information given by you when using the Document Preparation Service, or whether you were subject to undue influence when using the Document Preparation Service;
- proofreading data you have input for typographical errors;
- any alterations made by you or on your behalf to a Document once it has been made available to you;
- supervising or checking the due and proper signing of any Document;
- any use of a Document or signing of a Document by a person or entity outside of the chosen jurisdiction;
- any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances; or
- undertaking any future review of any document or for providing any ongoing advice, legal or otherwise, as to the continued effectiveness for legal, taxation or any other purpose of any Document.
With respect to a will, we shall, additionally, have no responsibility and will accept no liability for verifying:
- whether you knew, understood and approved the contents of your will; or
- whether there were or might be any actual or potential third-party beneficiary or beneficiaries who might have a claim in law against your estate.
Website access facility
We have a facility that enables us to access your user account, or any Documents you have created or started, and perform actions as if we were you. We will only ever use that facility when it is necessary in order to action a support request that you have made to us, whether by email or by telephone. You consent to us using this facility in this way when you accept the Conditions. By accepting the Conditions, you also agree to comply with the instructions we may give you to ensure that the use of this facility is effective. For the avoidance of doubt, we shall not ever, unless you are on a telephone call with us at the time and specifically provide your consent, use this facility to accept any contractual terms or other legal acknowledgements, or to make any payments, on your behalf.
Use of the Website and the content on the Website and the Document Preparation Service is subject to the Intellectual Property Rights Notice on the Website.
The following provisions set out our entire financial liability (including any liability for the acts or omissions of our affiliates or our controlling parties, employees, agents, resellers, distributors, suppliers and sub-contractors) to you in respect of:
- any breach of the Conditions;
- your use of the Website or any software accessed through the Website;
- your use of the Document Preparation Service; or
- any representation, statement or tortious act or omission (including, without limitation, negligence) arising under or in connection with the Conditions, the Website or the Document Preparation Service.
You acknowledge that the following exclusions and/or limitations are reasonable having regard to the fact that the Website and the Document Preparation Service are freely accessible and available at no or low cost.
CUSTOMER ACKNOWLEDGEMENT - YOU ACKNOWLEDGE AND AGREE THAT: (i) ALL USE OF THE WEBSITE PROVIDED BY US IS AT YOUR OWN DISCRETION AND AT YOUR OWN RISK; (ii) THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY US OF SUCH WEBSITES OR THE INFORMATION CONTAINED THEREIN; AND (iii) THE WEBSITE PROVIDED UNDER THE CONDITIONS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
DISCLAIMER OF WARRANTIES - WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE OR ANY PRODUCTS OR SERVICES SUPPLIED UNDER THE CONDITIONS. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.
NO LIABILITY - NOTWITHSTANDING ANY OTHER PROVISION OF THE CONDITIONS, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, OPPORTUNITY, EARNINGS, ANTICIPATED SAVINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THE CONDITIONS OR THE USE, OR NON-USE OF THE WEBSITE, DOCUMENT PREPARATION SERVICE OR ANY SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: (i) ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF THE WEBSITE OR A RELATED COMPONENT; (ii) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO THE WEBSITE. WITHOUT RESTRICTING THE FOREGOING, AND EXCEPT AS PROHIBITED BY LAW, IF CIRCUMSTANCES ARISE IN WHICH YOU ARE OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM US, OUR AGGREGATE LIABILITY FOR DAMAGES (INCLUDING COSTS AND EXPENSES) IS LIMITED TO 50,000 USD.
APPLICABILITY - SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THE CONDITIONS CONSISTENT WITH SUCH PROHIBITIONS.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE CONDITIONS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THE CONDITIONS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, PROVINCIAL, TERRITORIAL OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Notification of breach of Conditions
If at any time you become aware of any violation, by any person or entity, of any part of the Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
We reserve the right to withdraw or amend the services we provide on the Website without notice. From time to time, we may restrict access to some parts, or all, of the Website.
We reserve the right to change the terms, conditions, and disclaimers under which the Website or any service is offered. However, no such change shall operate retroactively.
It is your responsibility to review the Conditions periodically. If, at any time, you do not agree to the Conditions, please do not use the Website. We may revise the Conditions at any time without notice to you.
Your use of the Website and the content and features accessed through the Website constitute your electronic signature to the agreement set out in the Conditions and your consent to enter into agreements with us electronically. This agreement will be deemed to satisfy any writings requirements of any applicable law, notwithstanding that the agreement set out in the Conditions is written and accepted electronically. All agreements between you and us completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.
In the Conditions, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of the Conditions, (ii) the word "including", the word "includes" and the phrase "such as", when following a general statement or term (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to website addresses or URLs will also include any successor or replacement websites containing substantially similar information as the referenced website(s).
Waiver of rights and remedies
Our failure to insist upon or enforce strict performance of any provision of the Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of the Conditions. Our rights, powers and remedies in the Conditions, including without limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
If any provision of the Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
Any cause of action you may have with respect to the Conditions or the Website must be commenced within one year after the claim or cause of action arose, or it will be barred.
Assignment and Inurement
We may at any time assign our rights and obligations under the Conditions, in whole or in part, without notice to you. You may not assign the Conditions without our prior, written consent. The Conditions will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of the Conditions or use of the Website.
Neither of us will be responsible for a failure to fulfil our obligations under the Conditions or for delay in doing so if such failure or delay is due to circumstances beyond our reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
The Conditions, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein constitute the entire agreement between us and you with respect to the matters referred to in the Conditions and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
The Conditions (and all communications) are in English.
The Conditions shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts and the United States of America without regard to any choice of law or conflict of law principles, regardless of where you live.
If you have any questions about the Conditions or in the event that you have a complaint in relation to services or products available from the Website, please contact us at email@example.com or write to us at Epoq, Inc., 85 Swanson Road, Suite 160, Boxborough MA, 01719.
Your use of the Website or of the Document Preparation Service signifies your consent and agreement to the Conditions.
Updated June 12, 2020