Terms of Service
Updated July 7, 2016
The web sites which are located at the domain name legalshield.com and prepaidlegal.com or mobile apps available for download (the “Web Sites”) are operated by Pre-Paid Legal Services, Inc. d/b/a LegalShield and its subsidiary companies (“LegalShield,” “Shake by LegalShield” “we,” “our” or “us”). LegalShield subsidiaries include Pre-Paid Legal Services, Inc., Pre-Paid Legal Casualty, Inc., Pre-Paid Legal Access, Inc., Legal Service Plans of Virginia, Inc., Pre-Paid Legal Services, Inc. of Florida, PPL Legal Care of Canada Corporation and Ada Travel Service, Inc.(hereinafter “LegalShield”).
Description of Shake by LegalShield Service. Shake by LegalShield enables individual and business users to electronically send, sign, and manage legal agreements using their own forms or forms chosen from a stock library provided by Shake by LegalShield and its partners.
VALIDITY OF ELECTRONIC SIGNATURES
Shake by LegalShield enables you to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. Shake by LegalShield does not authenticate users’ signatures or identities.
SHAKE BY LEGALSHIELD IS NOT A LAW FIRM
We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection or use of forms, or apply the law to the facts of your situation. In any action you take through Shake by LegalShield’s products and services, you are representing yourself. For legal consultation, advice or representation, you must use your membership and contact your LegalShield assigned provider law firm.
MODIFICATION AND MANAGEMENT OF AGREEMENTS ON SHAKE
You understand that actions you take outside of Shake by LegalShield can affect the terms and legal status of agreements you have created in Shake by LegalShield in ways that Shake by LegalShield’s version of your agreement will not reflect. For example, if you and another party sign an agreement through Shake by LegalShield and later exchange emails modifying the terms of that agreement, then through your emails you may have amended the agreement in ways that the version in Shake does not account for.
You understand that deleting an agreement from Shake by LegalShield does not terminate or otherwise affect the status of that agreement, but only removes it from your own view. Upon your deletion, the other party will receive no notification or additional information.
Similarly, you understand that deleting a pending agreement from Shake by LegalShield does not rescind the offer you have made to the other party to sign the agreement. To actually rescind an offer, you must notify the other party that the offer is rescinded before they accept it.
You understand that removing the Shake by LegalShield app from your device or otherwise deactivating your Shake by LegalShield account does not terminate or otherwise affect the legal status of agreements you are party to or have offered through Shake by LegalShield.
SHAKE BY LEGALSHIELD PROVIDED FORMS ARE SUBJECT TO CHANGE
We may change the Shake by LegalShield forms in our library without prior notice. Any such changes will affect future agreements only, and will not change the language of agreements that have already been signed.
Payment. If applicable, Customer must pay Shake by LegalShield fees according to the payment terms specified at the time services are ordered.
Failure to Pay. If Customer fails to pay, Shake by LegalShield may, in its sole discretion, terminate, suspend or restrict provision of its products and services. Shake by LegalShield may charge interest at a monthly rate equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law on any overdue fees, from the due date until the date any overdue amount (plus applicable interest) is paid in full.
Taxes. Prices do not include applicable taxes. Shake by LegalShield will invoice Customer for any applicable taxes, and Customer must pay these taxes.
Delivery. Shake by LegalShield’s products and/or services are deemed to be delivered and accepted on the start date of the License Term (as defined below).
Other Promotions. We may run promotional offers from time to time, the terms of which are promoted on our website or in emails. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.
Your Relationship with Shake by Legalshield. Shake by LegalShield is a tool designed to help you create, receive, sign and manage agreements, but is not party to any of those agreements, and cannot provide advice or information about questions or disputes that may arise in connection with them. Shake by LegalShield is not your attorney, agent, representative or partner.
Solicitation or Offer. The Web Sites are designed to primarily to provide general information about LegalShield, its products and services, and its related companies. Any product described on the Web Sites may have exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. For more information, please consult a sales associate and/or your membership contract. Some products and/or services may not be available in all states or provinces. Your eligibility for any particular product or service is subject to final determination by LegalShield. The Sites may offer general information about the law and legal plans; but they do not provide legal advice. LegalShield is not a law firm. Use of the Sites does not create an attorney-client relationship. The Sites should not be used as a substitute for the advice of an attorney.
Copyright. All rights reserved. The material and images contained on the Web Sites are protected by copyright and are owned by LegalShield unless otherwise indicated. No material from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
Trademarks. The trademarks, service marks and logos used and displayed on the Sites are registered and unregistered trademarks of LegalShield, unless otherwise noted. Nothing on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Sites.
Restrictions on Use. As a condition of your use of the Web Sites, you warrant to LegalShield you will not use the Web Sites for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Web Sites in any way that could damage, disable, overburden or impair the Web Sites or interfere with any other party’s use and enjoyment of the Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the LegalShield Web Sites. This includes without limitation the following activities: Provide false or misleading registration information, disclose your username or password to anyone else, or use an account, username, password, or personal information of another user; Harvest or collect information about any users of the Web Sites; Transmit or facilitate the transmission of any “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” in connection with the Web Sites; Use any robot, spider, site search/retrieval application or automatic device to retrieve, index “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Web Sites or any content or Information of the Web Sites; Modify the Information, content, programs or other materials on the Web Sites or hack into or access the LegalShield servers or Web Sites in an unauthorized manner; Frame or mirror any part of the Web Sites, without the express permission of LegalShield; Reverse engineer, decompile, disassemble, translate or otherwise alter any portion of the Web Sites; Upload or input to the Web Sites any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any portion or system of the Web Sites.
Trademarks / Third Party Content. LegalShield may display and distribute content and Information supplied by third parties on the Web Sites. LegalShield does not guarantee the accuracy, completeness or usefulness of, or endorse, any content or Information of any third party. Any opinions, advice, statement, services, offers or other content or Information expressed or made available by third parties, including, without limitation, information providers or any other user of the Web Sites, are those of the respective author(s) or distributor, and not LegalShield. All trademarks, service marks, trade names, logos, trade dress, icons and domain names located on the Web Sites are the property of LegalShield, its affiliates, their respective licensors or other third parties. Nothing contained on the Web Sites should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, trade dress, icon and domain name displayed on the Web Sites, without the written permission of LegalShield or the applicable third party that may own the marks or names displayed on the Web Sites. Your use of the trademarks, service marks, trade names, trade dress, logos, icons and domain names displayed on the Web Sites, or any other content or Information on the Web Sites, except as provided herein, is strictly prohibited.
Passwords and Security. Certain aspects of the Web Sites may require registration. You agree that if you are issued a username and password in connection with access to or use of any of the Web Sites, you are responsible for keeping such information secret and strictly confidential. You accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications, submissions or financial obligations. You are responsible for changing your password if you believe that your password or user name has been lost, stolen or might otherwise by misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you.
Disclaimer of Warranties. LEGALSHIELD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEB SITES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEB SITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITES. THE ACCURACY AND LEGAL SUFFICIENCY OF AGREEMENTS PROVIDED BY SHAKE BY LEGALSHIELD DEPENDS ON CUSTOMER INPUT, WHICH INPUT SHAKE BY LEGALSHIELD DOES NOT REVIEW. THE LAW IS A PERSONAL MATTER, AND NO GENERAL TOOL LIKE SHAKE BY LEGALSHIELD IS APPROPRIATE IN EVERY CIRCUMSTANCE. WE DO NOT MAKE CLAIMS OF QUALITY, ACCURACY, LEGAL SUFFICIENCY, LEGAL ENFORCEABILITY OR APPROPRIATENESS OF SHAKE BY LEGALSHIELD FOR YOUR INDIVIDUAL NEEDS. ALL INFORMATION AND USE OF THE WEB SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LEGALSHIELD HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE WEB SITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITES AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITES, INCLUDING ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LEGALSHIELD DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEB SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITES ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEB SITES IS SOLELY AT YOUR OWN RISK. USER EXPRESSLY AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. SHOULD USER PURCHASE A LEGALSHIELD PRODUCT FROM LEGALSHIELD OR A THIRD PARTY, THE TERMS AND CONDITIONS OF SALE APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE AND USE OF THE WEB SITES DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL LEGALSHIELD BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM, OR ARISE OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEB SITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITES. SHAKE BY LEGALSHIELD WILL NOT BE LIABILE FOR ANY DIRECT, INDRECT, INCDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY COURT ACTION OR LEGAL DISPUTE RELATED TO SERVICES FROM THE WEBSITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF LEGALSHIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LEGALSHIELD’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.
Submissions. We do not accept or consider creative suggestions, ideas or other materials other than those LegalShield has specifically requested. If, despite our request that you not send us any creative materials, you send us comments, suggestions, ideas, concepts, drawings, pictures or other materials (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of LegalShield. None of the Submissions shall be subject to any obligation of confidentiality on the part of LegalShield or its affiliates, and neither LegalShield nor any of its affiliates shall be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, LegalShield shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature through the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form of media, now known or hereafter created or perfected, without compensation or attribution to the provider of the Submissions.
Changes to Web Sites. LegalShield shall have the right at any time to change or discontinue any aspect or feature of the Web Sites, including, but not limited to, content, hours of availability and equipment and/or software required for access or use of the Web Sites or any portion of the Web Sites.
Software License(s). Any software that is made available to download from the Web Sites (“Software”) is owned or licensed by LegalShield and/or its affiliates or suppliers and is subject to United States and international copyright, trade secret, trademark and other laws protecting intellectual property. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software, unless acceptance of a different license agreement is required prior to downloading the Software (the “License Agreement”). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited and may result in civil and criminal penalties.
Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction is expressly prohibited. The Software is warranted, if at all, only in accordance with the terms of the License Agreement. EXCEPT AS WARRANTED IN THE APPLICABLE LICENSE AGREEMENT FOR THAT SOFTWARE, LEGALSHIELD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. You acknowledge that any Software available or provided to you on the Web Sites may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States or re-export such Software outside the United States in violation of United States export laws and regulations. LegalShield does not authorize the downloading or exportation of any software or technical data from the Web Sites to any jurisdiction prohibited by the United States export control laws and regulations.
LegalShield’s products and services are regulated in a number of states including the following:
Pre-Paid Legal Services, Inc. (North Dakota); Pre-Paid Legal Casualty, Inc. (Alabama, Arizona, Arkansas, Georgia, Illinois, Massachusetts, Mississippi, Montana, Nebraska, New Jersey, Tennessee, Wisconsin); Pre-Paid Legal Access, Inc. (Oregon); Legal Service Plans of Virginia, Inc. (Virginia); Pre-Paid Legal Services, Inc. of Florida (Florida).