Subscriber Access Terms and User Agreement

This End User License Agreement (EULA) is a binding contract between you ("USER") and U.S. Legal Forms, Inc. ("USLF") doing business as FormsPass® ("FormsPass").

WARNING: Online usage of FormsPass is monitored to prevent violations of this EULA. Sequential downloading and/or excessive storage of information may trigger immediate disconnection of your subscription, as well as investigation of possible violation of this EULA. You will not be able to access FormsPass during any such investigation of the legitimacy of your usage.


A. USER OBLIGATIONS

USER acknowledges that the FormsPass database is a commercially valuable proprietary product of USLF, the design and development of which have involved the expenditure of substantial amounts of money over a long period of time, and which affords USLF a commercial advantage over its competitors. USER understands that loss of this competitive advantage due to any unauthorized reproduction; downloading or use of FormsPass data would cause substantial damage to USLF.

USER further acknowledges that USER is granted online access to the FormsPass database in consideration of and only upon user's agreement to the terms and conditions set forth below. In consideration of the grant to USER by USLF of access to the FormsPass database, USER shall assent to the terms of this EULA and agrees to use the FormsPass database only as expressly permitted by this EULA.

USER understands and acknowledges that title to the FormsPass database, and all copyrights and other rights therein, at all times are and will remain solely and exclusively in USLF. USER agrees not to remove, destroy, deface or otherwise alter any legends, notices statements or marks indicating USLF's ownership or the restrictions contained in this EULA on use of the FormsPass database that are contained or displayed on any screens or printouts.

USER agrees that USER will not, during the term of this EULA or at any time thereafter, directly or indirectly engage in or take or refrain from taking any action or inaction which may in any way lead to the unauthorized dissemination, reproduction or use of the FormsPass database by any third party, nor use the same for USER's own commercial benefit (except as expressly permitted under the terms of this EULA).

USER agrees not to copy or duplicate or permit any other person or entity to copy or duplicate any portion of or the entire FormsPass database except as expressly permitted under the terms of this EULA. USER further agrees not to swap, rent, sublicense, transfer, sell, upload, download, display or offer the FormsPass database to any other person or entity in any medium or nature whatsoever, except as expressly permitted under the terms of this EULA.

USER agrees to notify USLF immediately of any unauthorized use of the FormsPass database. The notice shall include, but not be limited to, the names, addresses, and phone numbers of the unauthorized user(s).

USER understands that, upon termination of this EULA for any reason, USER has no right to use the FormsPass database and agrees to cease all use whatsoever of the FormsPass database, except for such portions of the FormsPass database as have been legitimately downloaded by USER during the term hereof, and then only as permitted herein.


B. LICENSE GRANT

Subject to the terms and conditions of this EULA, USLF hereinafter referred to as "Licensor," grant to USER a non-exclusive, nontransferable limited license to us the FormsPass database (hereinafter "the Product") in the manner specified below:

(1) Downloads by USER

USER is licensed to undertake searches of the Product for the benefit of USER or the benefit of clients of USER and to download forms on an as needed basis only. Downloading multiple forms for purposes of creating a forms database for user is strictly prohibited. Downloaded forms may only be used for a single purpose or client and must be downloaded again for another unrelated purpose or client.

(2) Third Party Searches

(a) General Limitation

USER may not allow third parties to conduct searches of the Product or make copies or printouts of the data or portions of the data contained within the Product except in the instances outlined below.

(b) Legal Assistant

USER may allow a paralegal or other legal assistant working under the supervision of USER on behalf of clients of USER to conduct searches of the Product or make copies or printouts of the data or portions of the data contained within the Product, provided that USER shall indemnify and hold USLF harmless from all loss, cost or claim arising out of the usage of the Product by any such paralegal or other legal assistant.

(3) Printouts and Copies

USER may not download, upload, publish, distribute, transmit or sell any materials retrieved through use of the Product except to the extent permitted under this EULA.

(a) Definition of Printout

In this EULA, "printout" means a visually readable copy, which may be displayed on screen or printed on paper.

(b) Internal Use by USER

USER is licensed to create printouts or electronic copies of portions of the data contained within the Product only for USER's internal purposes, for legal research or related work for clients of USER.

(c) Work Product

When USER finds it necessary for the practice or study of law, USER may create printouts or electronic copies of portions of the data contained within the Product for incorporation into USER's work product, which then will be provided to third parties (generally, courts, clients or opposing counsel). This license does not permit USER to provide electronic or other digital copies of the data or portions of the data contained within the Product to third parties for any other reason. This clause does not permit USER to create or provide printouts of data contained within the Product which exceed the use permitted by 17 U.S.C. §107 (the "fair use" privilege) or successor legislation.

(4) Termination of License

(a) This EULA will terminate upon termination or cancellation of USER's membership as a FormsPass subscriber. It will also terminate without notice in the event Licensor elects, in its sole discretion, to cease offering the FormsPass online product.

(b) USER may terminate this EULA at any time by giving written notice to Licensor. Licensor may terminate this EULA immediately upon USER's breach of a material term of this EULA, or for any reason upon 30 days written notice to USER, which notice may be sent by mail or email to the mailing or email address provided by USER.

(c) Immediately upon termination of this EULA, USER will be denied online access to the Product.

(5) Non-Disclosure

User agrees not to disclose user's log-in or access code to any third party.


C. OWNERSHIP

Except to the extent that a third party's materials or property are included in the Product, and this third party has copyright or other proprietary interests in such materials or property, all right, title, and interest in the Product including, but not limited to, all copyrights, are the exclusive property of USLF.


D. LIMITATIONS ON LICENSED USE

USER acknowledges that the Product embodies the selection, coordination and arrangement by USLF of pre-existing materials, as well as original works of authorship created by USLF or in enhancements thereto. In addition, USER acknowledges that the Product further embodies the collection and organization by USLF of discrete items of information through the investment of substantial monetary and other resources. USER agrees that in no event will its licensed use of the Product hereunder entail reproduction or distribution of all, substantially all, or any material portion of the contents of the Product.

Notwithstanding anything to the contrary, however, in no event does Licensor claim copyright in any work of the United States Government or of any State or political subdivision thereof.

USER at all times shall treat the Product as proprietary information of Licensor and shall comply fully with the limitations on usage and distribution contained in Section A above. Licensors grant to USER of access to the Product is in consideration of USER's acknowledgment of these limitations and USER's agreement not to use or to allow third parties access to the Product, except as expressly provided in this EULA.


E. FEES AND PAYMENTS

Limitations: As an authorized user you will be provided with the maximum downloads allowed during your subscription period. You agree that once the maximum downloads is reached, your subscription will expire unless renewed.

USER agrees to pay FormsPass fees and any other charges incurred in connection with your user name and password for subscription service(s) (including any applicable taxes) at the rates in effect when the charges were incurred.

USER shall pay all fees and charges for access to the resources within ten (10) days of obtaining notice of your username and password. Fees and charges are non-refundable.

A finance charge of 1% of the unpaid balance per month will be added to all unpaid statements. USER may terminate the subscription at any time for any reason by giving written notice to licensor, but not before the payment of all fees incurred for subscription service(s) to date is made.

FormsPass reserves the right to change access fees following notice published online 30 days prior to start date for such changes, and to automatically apply such adjustments to all existing accounts.


F. FEES AND PAYMENTS

The term of this agreement shall be for a period of (1) one-year unless terminated and may be renewed and extended for consecutive one-year terms upon payment of the annual subscription fee to be determined by FormsPass.

Subscription Renewal: This subscription agreement will automatically renew on its anniversary date unless you provide thirty (30) days notice prior to such date of your intent not to renew.


G. GENERAL

Subscription Product: FormsPass offers many different subscription databases. This EULA applies to any and all subscriptions to which you subscribe.

This agreement also applies to forms you purchase outside your subscription database, by any of the viable methods to receive forms outside your subscription.

Authorized Use: As subscribers, you and other parties under your direct supervision and control are authorized to use the product. No unauthorized user shall be allowed to access the products.

No waiver of any provision of this EULA shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by FormsPass.

This EULA shall be governed by and shall be construed in accordance with the laws of the State of Mississippi.

This EULA constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this EULA shall be binding unless executed in writing by all parties.