Legal

LegalFix Terms of Service

This Terms of Service Agreement is a legally binding contract between you and BookLawyer, LLC, a Texas limited liability company doing business as LegalFix.

Version

2.0

Effective

October 26, 2026

Posted

September 21, 2026

Agreement with

BookLawyer, LLC d/b/a LegalFix

Supersedes Version 1.0, effective February 27, 2025. Prior versions: www.legalfix.com/terms/archive

Important Notices—Please Read Before You Accept

Binding arbitration; waiver of class actions and jury trial. Section 27 requires that most disputes between you and LegalFix be resolved by individual binding arbitration under the Federal Arbitration Act rather than in court. Section 27 also waives your right to participate in a class, collective, consolidated, mass, representative, or private attorney general proceeding, and waives your right to a trial by jury. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION BY SENDING WRITTEN NOTICE WITHIN 30 DAYS AFTER YOU FIRST ACCEPT THIS AGREEMENT. SECTION 27.2 EXPLAINS HOW. IF YOU OPT OUT, THE REST OF THIS AGREEMENT STILL APPLIES TO YOU.

Software, artificial intelligence, recording, and monitoring. LegalFix uses software, including artificial intelligence and machine learning, to help identify potentially relevant documents and document types and to operate, support, secure, and improve the Services. Your communications and interactions with LegalFix may be recorded, transcribed, stored, monitored, analyzed, and processed by LegalFix and by service providers acting on LegalFix’s behalf. BY ACCEPTING THIS AGREEMENT, YOU EXPRESSLY CONSENT TO THAT RECORDING, TRANSCRIPTION, MONITORING, ANALYSIS, AND PROCESSING, INCLUDING FOR PURPOSES OF ANY FEDERAL OR STATE LAW THAT REQUIRES THE CONSENT OF ONE OR MORE PARTIES TO A COMMUNICATION. Section 5 describes this in detail and explains how to communicate with us on a non-recorded basis.

How you pay, and how access ends. LegalFix sells document bundles and individual documents as one-time purchases at a fixed price. A one-time purchase does not renew and is not billed again. LegalFix also makes access available through employers and other organizations as a benefit. If you pay for any part of that benefit yourself, your access lasts for one benefit year, does not renew automatically, ends when your employment ends, and may be continued only if you elect to continue at the then-published price. Section 10 states all of this.

LegalFix is not a law firm. LegalFix does not provide legal advice, does not practice law, and is not a substitute for an attorney or a law firm. Section 6 explains this.

Limitations on liability and on the time to bring a claim. Sections 19, 20, and 28 limit LegalFix’s liability to you and shorten the period within which you must bring a claim. Please read them carefully.

How You Accept This Agreement

This Terms of Service Agreement (this “Agreement”) is a legally binding contract between you and BookLawyer, LLC, a Texas limited liability company doing business as LegalFix (“LegalFix,” “we,” “us,” or “our”).

You accept this Agreement by clicking a button or selecting a checkbox that is presented to you together with a statement that doing so constitutes your agreement to these Terms of Service—for example, when you create an account, make a One-Time Purchase, enroll in or activate Benefit Access made available to you through a Channel Partner, or begin a Document Session. The button or checkbox, and the statement accompanying it, are the means by which this Agreement is formed.

Browsing publicly accessible pages of the Site does not by itself form this Agreement. Your access to and use of the Site is nonetheless at all times subject to Section 8 (Acceptable Use and Prohibited Activities), Section 9 (Intellectual Property), Section 19 (Disclaimer of Warranties), Section 20 (Limitation of Liability), and Section 25 (Governing Law), which apply to all visitors.

If you accept this Agreement on behalf of a company, employer, association, plan sponsor, or other organization, you represent and warrant that you are an authorized representative of that entity, that you have actual authority to bind it, and that you accept this Agreement on its behalf. In that case “you” and “your” mean both you individually and that entity.

If you do not agree to this Agreement, do not create an account, purchase a Service, activate a benefit, or begin a Document Session.

1. Definitions

“AI Features” means those parts of the Services that use artificial intelligence, machine learning, natural language processing, large language models, or similar technologies, whether developed by LegalFix or licensed from or operated by a Service Provider.

“Benefit Access” means access to the Services made available to you through a Benefit Sponsor as an employee, member, or affinity benefit for a stated Benefit Year. Benefit Access is either Employer-Paid Access or Voluntary Access.

“Benefit Sponsor” means the Channel Partner—typically an employer, professional employer organization, credit union, insurance company, or association—that makes Benefit Access available to you.

“Benefit Year” means the twelve-month period, or other period stated by your Benefit Sponsor at enrollment, for which Benefit Access is provided.

“Channel Partner” means a credit union, bank, insurance company, employer, professional employer organization, employee benefits broker, association, membership organization, or other organization through which you obtain access to the Services, whether as a member benefit, employee benefit, affinity benefit, embedded benefit, or otherwise.

“Communications” means your interactions and communications with LegalFix through any channel, including the Site, in-product chat, web forms, email, telephone, text message, video conference, support tickets, surveys, and social media messages directed to LegalFix.

“Document Bundle” means a set of related documents offered together for a single fixed price, such as a will-based estate plan, a trust-based estate plan, or an LLC formation plan.

“Document Drafter” means the LegalFix interactive document service through which LegalFix makes available documents drafted and annotated by attorneys for the law of a particular state, helps you identify document types that may be relevant to the situation you describe, and guides you through questions whose answers complete the document you select.

“Document Session” means a single use of the Document Drafter to create one or more documents.

“Employer-Paid Access” means Benefit Access paid for in full by a Benefit Sponsor, at no cost to you.

“Free Information” means the general legal information LegalFix makes available on the Site without charge, including statutes, rules, regulations, legal topic summaries, articles, and videos.

“One-Time Purchase” means a purchase of a Document Bundle, an individual document, or a Document Session for a single fixed price that is charged once, does not recur, and does not renew.

“Service Provider” means a third party that processes information on LegalFix’s behalf and at LegalFix’s direction, including hosting, storage, payment, communications, customer support, analytics, security, and artificial intelligence vendors.

“Services” means the Site, the Free Information, the Document Drafter, the AI Features, any One-Time Purchase, any Benefit Access, any Document Session, any document storage or retrieval feature, and every other product, feature, tool, or service LegalFix makes available to you.

“Site” means www.legalfix.com, any LegalFix mobile or desktop application, and any co-branded or white-labeled instance of the foregoing made available through a Channel Partner.

“Voluntary Access” means Benefit Access for which you pay any part of the cost, whether by payroll deduction, direct payment, or otherwise.

“Your Content” means the information, text, data, answers, uploads, and documents that you submit to, generate through, or store within the Services.

2. The Services

2.1 Free Information

Subject to this Agreement, LegalFix grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Free Information for your personal, non-commercial reference. The Free Information is general information only. It is not legal advice, it is not tailored to your circumstances, and it is not represented or warranted to be accurate, complete, or current. LegalFix may add to, change, restrict, or discontinue any Free Information at any time.

2.2 The Document Drafter

The documents available through the Document Drafter are drafted by attorneys for the law of a particular state and annotated in plain language to explain what their provisions do. They are not blank forms and are not generic fill-in templates. You select a document, the Document Drafter helps you identify document types that may be relevant to the situation you describe and guides you through questions, and your answers complete the document you selected.

The attorneys who drafted and annotated the documents did so for LegalFix. They are not your attorneys. They have not reviewed your situation, your answers, or your completed document, and no attorney-client relationship exists or will exist between you and them. LegalFix does not review your answers for accuracy or legal sufficiency, does not determine whether a document is appropriate for your situation, does not draw legal conclusions, and does not apply the law to your facts. You alone decide which document to select, what information to enter, and whether to sign, deliver, record, file, or rely on any document you complete.

You are solely responsible for reviewing every document you create before using it, for the accuracy and completeness of the information you enter, for determining whether the document suits your circumstances, and for satisfying any signing, witnessing, notarization, recording, or filing requirement that applies to it. LegalFix does not supervise or participate in the execution of any document.

2.3 Attorney search assistance

The Services may help you formulate search terms you can use to look for an attorney. That is the whole of what LegalFix does. Any search is run by you, in the Google search engine, which is operated by Google and not by LegalFix. LegalFix does not conduct, host, run, or process the search; does not operate, control, or influence Google’s search engine, its ranking, its algorithm, the results it returns, or the advertising displayed with those results; and cannot predict or guarantee what any search will return.

LegalFix does not maintain a list, directory, panel, or network of attorneys. LegalFix does not recommend, endorse, refer, select, match, screen, or vet any attorney. LegalFix does not pay for or receive payment for placement in any search result, and receives no referral fee, commission, or other compensation from any attorney you find, contact, or retain. LegalFix is not affiliated with, sponsored by, or endorsed by Google, and all trademarks are the property of their respective owners.

Any attorney profile, rating, review, ranking, or advertisement you see is published by Google or another third party, not by LegalFix, and LegalFix does not verify it. Your use of Google is governed by Google’s own terms of service and privacy policy, not by this Agreement. Choosing, contacting, retaining, and paying an attorney is entirely your decision, and your relationship with that attorney is between you and that attorney. Section 17 governs your use of third-party websites and services, and Section 20 states that LegalFix is not liable for the advice, acts, or omissions of any attorney you retain.

2.4 Changes to the Services

LegalFix may add, change, suspend, or discontinue any part of the Services, including content, features, the documents offered, pricing, and availability. LegalFix will use commercially reasonable efforts not to materially degrade the core functionality of a Document Bundle you have purchased before you have created the documents it includes, or of Benefit Access during a Benefit Year for which you have paid. If LegalFix discontinues a feature in a way that materially reduces the value of what you paid for, your remedy is set out in Section 12.

3. Eligibility and Accounts

You must be at least 18 years of age to create an account, purchase a Service, or use the Document Drafter. You must be at least 13 years of age to access the Free Information. By accessing the Services you represent that you meet the applicable age requirement and that you are not barred from receiving services under applicable law.

You must provide accurate, current, and complete information when you create an account or purchase a Service, including your real name and a working email address, and you must keep that information current in your account settings. Providing information that is inaccurate, deceptive, fraudulent, or intended to conceal your identity or purpose is a material breach of this Agreement and may result in suspension or termination without notice.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not you authorized it. Do not disclose your credentials to anyone. Notify us immediately at support@legalfix.com if you suspect unauthorized use of your account or any breach of its security.

4. Accuracy of Information You Provide

The Services generate documents and results from the information you supply. You agree to supply information that is accurate and complete, to review what you have supplied before generating or using a document, and to correct any error. LegalFix is not responsible for a document that is inaccurate, incomplete, or unsuitable because of information you supplied or failed to supply.

5. Software, Artificial Intelligence, Recording, Monitoring, and Your Consent

This Section describes how LegalFix uses software, including artificial intelligence, and how your Communications and interactions with the Services are recorded, stored, monitored, analyzed, and processed. Please read it carefully. It is a material part of this Agreement, and your acceptance of this Agreement is your consent to what it describes.

5.1 How LegalFix uses software and artificial intelligence

LegalFix uses software, which may include artificial intelligence and machine learning, for purposes that include the following: helping to identify document types and Free Information topics that may be relevant to the situation you describe; organizing, ranking, and presenting document options and search results; guiding you through the questions that complete a document you have selected; powering search, navigation, and in-product help; drafting or suggesting responses in customer support channels; transcribing and summarizing Communications; detecting fraud, abuse, and security threats; and measuring, testing, and improving the Services.

5.2 What LegalFix does not claim

LegalFix does not represent, and you should not assume, that any AI Feature performs the work of a lawyer, exercises legal judgment, or substitutes for consultation with a licensed attorney. AI Features identify and organize information; they do not advise you. Output generated by an AI Feature may be inaccurate, incomplete, outdated, or inappropriate for your situation, and may reflect errors in the underlying model or in the information you provided. You are solely responsible for reviewing, verifying, and independently evaluating any output before relying on it or acting on it.

5.3 Communications and interactions that may be recorded and processed

The following may be recorded, transcribed, stored, monitored, reviewed, analyzed, and otherwise processed, in real time and afterward, by LegalFix and by Service Providers acting on LegalFix’s behalf:

telephone calls between you and LegalFix, including the audio of those calls and transcripts of them;
in-product chat and chatbot sessions, including the full text of what you type and what is displayed to you;
email, web form submissions, support tickets, text messages, and video conferences with LegalFix;
your answers, uploads, edits, and other inputs to the Document Drafter, and the documents you complete through it;
your searches, page views, clicks, keystroke timing, scrolling, mouse movement, form field entries, device and browser information, and other interactions with the Site, including through session replay, analytics, and error-logging technologies; and
surveys, reviews, and feedback you submit.

5.4 Purposes of recording, monitoring, and processing

LegalFix and its Service Providers may record, monitor, and process the Communications and interactions described in Section 5.3 in order to: provide, operate, and deliver the Services; respond to and resolve your requests; route your request to the right person or resource; assess the intent, subject matter, and sentiment of a Communication for routing, prioritization, and quality purposes; train and evaluate LegalFix personnel; measure and improve service quality; detect, investigate, and prevent fraud, abuse, and security incidents; create summaries, transcripts, and records of Communications; comply with legal, regulatory, contractual, and recordkeeping obligations; establish, exercise, or defend legal claims; and develop, test, and improve the Services, including the AI Features.

5.5 Service Providers

LegalFix uses Service Providers to carry out the activities described in this Section, including cloud hosting and storage providers, telephony and contact center providers, chat and messaging providers, transcription and speech analytics providers, analytics and session replay providers, customer relationship management providers, and providers of artificial intelligence and machine learning services. These Service Providers may receive, host, transcribe, analyze, and otherwise process your Communications and Your Content on LegalFix’s behalf. LegalFix requires each such Service Provider, by written contract, to process that information only for the purposes LegalFix specifies and to implement reasonable safeguards. The categories of Service Providers LegalFix uses, and the categories of information disclosed to them, are described further in the LegalFix Privacy Policy.

5.6 Your express consent, including under all-party consent laws

BY ACCEPTING THIS AGREEMENT, AND BY CONTINUING A COMMUNICATION AFTER RECEIVING NOTICE THAT IT MAY BE RECORDED OR MONITORED, YOU EXPRESSLY CONSENT TO THE RECORDING, TRANSCRIPTION, INTERCEPTION, STORAGE, MONITORING, REVIEW, ANALYSIS, AND PROCESSING OF YOUR COMMUNICATIONS AND INTERACTIONS AS DESCRIBED IN THIS SECTION 5, BY LEGALFIX AND BY SERVICE PROVIDERS ACTING ON LEGALFIX’S BEHALF.

YOU GIVE THIS CONSENT FOR ALL PURPOSES UNDER FEDERAL AND STATE LAW, INCLUDING THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, THE FEDERAL WIRETAP ACT, THE CALIFORNIA INVASION OF PRIVACY ACT (CAL. PENAL CODE §§ 630 ET SEQ.), AND ANY OTHER FEDERAL OR STATE STATUTE THAT REQUIRES THE CONSENT OF ONE PARTY, TWO PARTIES, OR ALL PARTIES TO THE RECORDING, INTERCEPTION, OR MONITORING OF A COMMUNICATION, AND FOR PURPOSES OF ANY STATUTE GOVERNING THE USE OF PEN REGISTERS, TRAP AND TRACE DEVICES, OR THE READING OR ANALYSIS OF THE CONTENTS OF A COMMUNICATION WHILE IT IS IN TRANSIT.

YOU ACKNOWLEDGE THAT SERVICE PROVIDERS ACT AS LEGALFIX’S AGENTS AND EXTENSIONS FOR THIS PURPOSE, THAT THEIR PARTICIPATION IN A COMMUNICATION IS WITH YOUR CONSENT, AND THAT YOU DO NOT HAVE AN EXPECTATION THAT ANY COMMUNICATION WITH LEGALFIX IS PRIVATE AS BETWEEN YOU AND LEGALFIX ALONE.

If you place any other person on a call with LegalFix, add any other person to a chat or video session, or submit any other person’s information or communications to the Services, you represent and warrant that you have obtained that person’s consent to the recording, monitoring, and processing described in this Section, and you agree to indemnify LegalFix under Section 21 for any claim arising from your failure to do so.

5.7 How to decline recording

You are not required to use a recorded or monitored channel. If you prefer that a Communication not be recorded, transcribed, or analyzed, you may say so at the beginning of a telephone call and ask to continue in writing, or you may contact us instead by postal mail at the address in Section 34 or by email to privacy@legalfix.com with the subject line “No Recording Request.” LegalFix will make commercially reasonable efforts to honor the request for that Communication. Some channels, including in-product chat and the Document Drafter itself, cannot function without processing what you type, so declining may mean that a particular channel or feature is not available to you. Declining recording does not affect your right to use the Services generally.

5.8 Artificial intelligence model training

LegalFix does not sell Your Content. LegalFix does not permit Service Providers to use Your Content or the contents of your Communications to train, fine-tune, or improve those Service Providers’ own general-purpose artificial intelligence models, and LegalFix requires its artificial intelligence Service Providers to agree to that restriction by written contract. LegalFix may use aggregated and de-identified information derived from use of the Services—information that does not identify and cannot reasonably be used to identify you, any Channel Partner member, or any person named in Your Content—for any lawful business purpose, including measuring, testing, securing, and improving the Services and the AI Features. Where LegalFix uses identifiable Communications to evaluate or improve the Services, it does so under the consent given in Section 5.6 and subject to the LegalFix Privacy Policy.

5.9 Cookies, pixels, tags, and session replay

The Site uses cookies, pixels, tags, software development kits, session replay, and similar technologies, some of which are operated by Service Providers. These technologies may capture the pages you view, the elements you interact with, the content you enter into form fields, and technical information about your device. Your consent under Section 5.6 extends to these technologies. The LegalFix Privacy Policy describes them, the choices available to you, and how to exercise those choices, including any browser-based or global opt-out signal LegalFix honors.

5.10 No confidentiality or privilege in Communications with LegalFix

LegalFix is not a law firm, does not employ or engage attorneys to advise you, and does not provide you with access to an attorney. No person you communicate with at LegalFix is acting as your attorney. Communications between you and LegalFix are protected as described in the LegalFix Privacy Policy, but they are not protected by the attorney-client privilege, are not attorney work product, and are not confidential in the sense those words carry in an attorney-client relationship. You should have no expectation that a Communication with LegalFix is privileged or confidential in that sense, and you should assume that it may be recorded, transcribed, stored, and reviewed as this Section 5 describes. Do not send LegalFix information that you intend to be privileged or that you would not want disclosed. If you want a privileged and confidential communication about your legal situation, communicate directly with an attorney of your own choosing, whom you retain separately and at your own expense.

5.11 Human review

Recordings, transcripts, chat logs, session recordings, Document Drafter inputs, and AI Feature outputs may be reviewed by LegalFix personnel and by Service Provider personnel for the purposes described in Section 5.4.

5.12 Your responsibility for output

You are solely responsible for reviewing, verifying, and independently evaluating any document, suggestion, summary, answer, or other output produced with the assistance of an AI Feature before relying on or acting on it. LegalFix makes no representation or warranty that any such output is accurate, reliable, complete, current, or fit for any particular purpose.

6. No Legal Advice; No Attorney-Client Relationship

LegalFix is not a law firm and does not engage in the practice of law. LegalFix does not and cannot provide advice, an explanation, an opinion, or a recommendation about your possible legal rights, remedies, defenses, options, or strategies, about which document or documents you need or which is best for your situation, about the legal consequences of how you complete a document, about whether you have included information that is inappropriate, conflicting, or ambiguous, about whether you have omitted a necessary provision, or about whether you need an additional document or legal procedure. Only a licensed attorney may do those things.

The Site, the Free Information, the Document Drafter, and the AI Features provide self-help materials, general legal information, and attorney-drafted documents that you complete yourself. They clearly are not, and are not a substitute for, the advice of an attorney licensed in your jurisdiction and briefed on all of the circumstances of your situation. That an attorney drafted or annotated a document does not make that attorney your attorney, and does not mean any attorney has advised you about whether that document is right for you or whether you have completed it correctly.

No attorney-client relationship is formed between you and LegalFix through your use of the Services. If a communication you receive from LegalFix or from anyone purporting to act for LegalFix would constitute legal advice, it is not authorized by LegalFix, and you agree to disregard it and to notify us at legal@legalfix.com.

YOU AGREE THAT YOUR USE OF, AND ANY RELIANCE ON, THE FREE INFORMATION, THE DOCUMENT DRAFTER, AND ANY AI FEATURE IS AT YOUR OWN RISK, AND THAT LEGALFIX HAS NO LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES, EXCEPT AS THIS AGREEMENT EXPRESSLY PROVIDES AND EXCEPT WHERE SUCH A LIMITATION IS PROHIBITED BY APPLICABLE LAW.

7. Your Content and Your Documents

As between you and LegalFix, you retain all right, title, and interest in Your Content. You grant LegalFix a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, adapt, and process Your Content solely as necessary to provide, secure, support, and improve the Services for you, and as otherwise described in Section 5 and the LegalFix Privacy Policy. This license ends when Your Content is deleted, except for copies retained in routine backups and copies LegalFix is required to retain by law.

You represent and warrant that you have all rights necessary to submit Your Content to the Services, including any consent required from a third party whose personal information Your Content contains.

Document storage is provided as a convenience and may not be available indefinitely. You are responsible for downloading and keeping your own copies of every document you create. LegalFix may delete stored documents following the termination or expiration of your account, and is not responsible for any loss or deletion of stored documents. LegalFix will make commercially reasonable efforts to give you at least thirty (30) days’ notice and an opportunity to download Your Content before deleting it following termination.

8. Acceptable Use and Prohibited Activities

You may use the Services only for lawful purposes and only as this Agreement permits. You agree not to:

access or attempt to access any part of the Services you are not authorized to access, or circumvent or attempt to circumvent any access restriction, security measure, or usage limit;
bulk download, scrape, crawl, or use any automated system to access the Services in a way that sends more requests to LegalFix servers than a human can reasonably generate using a conventional web browser;
use the Services, Your Content, or any LegalFix materials to build, train, or improve any competing product or service, or any automated legal document system, document template library, or artificial intelligence model;
place an unreasonable or disproportionately large load on the Services’ infrastructure, as LegalFix reasonably determines;
reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Services;
register accounts automatically, or create an account using a false identity;
upload or transmit anything that infringes another person’s intellectual property rights, discloses another person’s trade secrets or confidential information without permission, violates another person’s privacy or publicity rights, is libelous, defamatory, abusive, threatening, harassing, hateful, or obscene, is illegal to disclose, or contains a virus, worm, Trojan horse, phishing scheme, or other malicious code;
use the Services to harm or exploit a minor; or
resell, sublicense, rent, lease, or otherwise make the Services available to any third party, except as a Channel Partner is expressly authorized to do under a separate written agreement with LegalFix.

LegalFix grants operators of public search engines permission to use spiders to index publicly accessible materials on the Site for the sole purpose of creating public searchable indices, and may restrict or revoke that permission at any time. LegalFix may remove content that violates this Agreement, block IP addresses, and suspend or terminate accounts. LegalFix’s decision to enforce or not to enforce this Section in any instance creates no duty and is not a basis of liability.

9. Intellectual Property

Except for Your Content and except for the limited licenses this Agreement grants you, all right, title, and interest in the Services—including the Site, the Free Information as compiled and presented by LegalFix, the documents, their annotations, and the questionnaires, the software, the AI Features, and all text, video, graphics, logos, and design—are and remain the exclusive property of LegalFix and its licensors, protected by United States and international copyright, trademark, and other intellectual property laws. The LegalFix name and the elephant logo are trademarks of LegalFix.

You may not use, copy, modify, reproduce, republish, post, transmit, sell, offer for sale, rent, redistribute, publicly display, publicly perform, adapt, edit, or create derivative works from any part of the Services without LegalFix’s prior written permission, except that you may use, save, and print documents you create for your own personal or internal business use.

LegalFix claims no ownership in the text of statutes, rules, regulations, or other primary legal materials made available on the Site.

If you send LegalFix feedback, comments, or suggestions about the Services, you grant LegalFix a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without attribution or compensation. This does not give LegalFix any rights in Your Content or in your confidential or proprietary information.

10. Purchases, Pricing, Payment, and How Access Ends

10.1 The two ways the Services are sold

LegalFix makes the Services available in two ways: as a One-Time Purchase, and as Benefit Access through a Benefit Sponsor. Which one applies to you is stated at the point of purchase or enrollment. Different terms apply to each, and Sections 10.2 through 10.10 set them out.

10.2 One-Time Purchases

LegalFix offers Document Bundles—sets of related documents such as a will-based estate plan, a trust-based estate plan, or an LLC formation plan—for a single fixed price. LegalFix also offers individual documents and Document Sessions at prices that vary by document. The price, what the purchase includes, and any period during which you may use the Document Drafter to create the included documents are disclosed to you before you are asked to pay.

A ONE-TIME PURCHASE IS CHARGED ONCE. IT DOES NOT RENEW, IT DOES NOT CONVERT INTO A RECURRING PLAN, AND YOUR PAYMENT METHOD WILL NOT BE CHARGED AGAIN FOR THAT PURCHASE. LEGALFIX WILL NOT ENROLL YOU IN ANY RECURRING CHARGE AS A RESULT OF A ONE-TIME PURCHASE.

If a Document Bundle or an individual document purchase includes a period during which you may use the Document Drafter to create or revise the included documents, that period is stated at purchase. When it ends, your right to use the Document Drafter for that purchase ends, but Section 10.8 governs what happens to the documents you already created.

10.3 Payment

You must provide a valid payment method for a One-Time Purchase or for Voluntary Access you pay directly. You authorize LegalFix and its payment processors to charge that payment method for the amount disclosed to you, together with applicable taxes and fees. LegalFix will send you a receipt, in a form you can retain, stating what you purchased, the amount charged, the date, and the refund policy.

10.4 Benefit Access generally

A Benefit Sponsor may make the Services available to you as an employee, member, or affinity benefit. Your Benefit Sponsor determines who is eligible, what the benefit includes, when enrollment occurs, and the length of the Benefit Year. The scope of Benefit Access is governed by the agreement between LegalFix and your Benefit Sponsor, and LegalFix is not responsible for your Benefit Sponsor’s eligibility determinations, enrollment administration, payroll processing, or communications. Benefit Access is provided for the Benefit Year and ends as Section 10.5 or Section 10.6 provides.

10.5 Employer-Paid Access

If your Benefit Sponsor pays the full cost of your Benefit Access, you are not charged and no payment method is required of you. Employer-Paid Access continues for the Benefit Year and ends on the earliest of: the last day of the Benefit Year; the date your eligibility under the Benefit Sponsor’s program ends, including on the termination of your employment or membership; or the date the agreement between LegalFix and your Benefit Sponsor ends. LegalFix will make commercially reasonable efforts to notify you before your access ends where LegalFix has notice of the ending event, but your Benefit Sponsor, not LegalFix, controls your eligibility. When Employer-Paid Access ends, you may elect to continue as an individual customer under Section 10.7.

10.6 Voluntary Access—access you pay for in whole or in part

If you pay any part of the cost of your Benefit Access, the following terms apply. They are material, and LegalFix draws them to your attention.

(A) ONE-YEAR TERM AND ANNUAL RENEWAL. VOLUNTARY ACCESS IS PROVIDED FOR ONE BENEFIT YEAR. IT DOES NOT RENEW AUTOMATICALLY. TO CONTINUE VOLUNTARY ACCESS FOR ANOTHER BENEFIT YEAR, YOU MUST AFFIRMATIVELY ELECT TO RENEW IT EACH YEAR THROUGH YOUR BENEFIT SPONSOR’S ENROLLMENT PROCESS. IF YOU DO NOT ELECT TO RENEW, YOUR VOLUNTARY ACCESS ENDS AT THE END OF THE BENEFIT YEAR AND YOU WILL NOT BE CHARGED FOR ANOTHER YEAR.

(B) ACCESS ENDS WHEN YOUR EMPLOYMENT ENDS. YOUR VOLUNTARY ACCESS TERMINATES ON THE DATE YOUR EMPLOYMENT OR OTHER QUALIFYING RELATIONSHIP WITH YOUR BENEFIT SPONSOR TERMINATES, WHETHER YOU LEAVE VOLUNTARILY OR INVOLUNTARILY, EVEN IF THE BENEFIT YEAR HAS NOT ENDED, UNLESS YOU ELECT TO CONTINUE UNDER SECTION 10.7.

(C) YOUR RIGHT TO CONTINUE. IF YOUR VOLUNTARY ACCESS TERMINATES, YOU MAY ELECT TO CONTINUE ACCESS AS AN INDIVIDUAL CUSTOMER OF LEGALFIX AT LEGALFIX’S THEN-PUBLISHED PRICE. SECTION 10.7 STATES HOW.

Your Benefit Sponsor determines how your share of the cost is collected, which is commonly by payroll deduction. If your share is collected by payroll deduction, deductions stop when your employment ends. If you have paid for a period that extends beyond the date your Voluntary Access ends and you do not elect to continue under Section 10.7, LegalFix will refund the unused portion of what you paid, prorated to the date access ended, within thirty (30) days.

Active re-enrollment is required. LegalFix requires each Benefit Sponsor, by written agreement, to administer renewal of Voluntary Access on an active-election basis, under which your Voluntary Access continues into a new Benefit Year only if you affirmatively elect it for that Benefit Year. LegalFix does not offer, and does not permit a Benefit Sponsor to offer, Voluntary Access on a passive, evergreen, or continue-unless-you-decline basis. Your election for one Benefit Year is not an election for any later Benefit Year.

LEGALFIX WILL NOT CHARGE YOU, AND WILL NOT ACCEPT A PAYROLL DEDUCTION OR OTHER PAYMENT FROM YOU, FOR A RENEWAL BENEFIT YEAR UNLESS LEGALFIX HAS RECEIVED A RECORD OF YOUR AFFIRMATIVE ELECTION FOR THAT BENEFIT YEAR. IF AN AMOUNT IS NONETHELESS DEDUCTED OR COLLECTED FROM YOU FOR A RENEWAL BENEFIT YEAR FOR WHICH NO AFFIRMATIVE ELECTION WAS RECORDED, LEGALFIX WILL REFUND IT IN FULL WITHIN THIRTY (30) DAYS, WHETHER OR NOT YOU USED THE SERVICES DURING THAT PERIOD, AND WILL DO SO WITHOUT REQUIRING YOU TO REQUEST IT.

10.7 Continuing access after Benefit Access ends

When Employer-Paid Access or Voluntary Access ends for any reason, LegalFix will notify you at the email address associated with your account, where LegalFix has notice of the ending event, and will tell you the date your access ends, LegalFix’s then-published price for continued access, and how to elect it.

You may elect to continue access as an individual customer of LegalFix at LegalFix’s then-published price by notifying LegalFix through your account or at support@legalfix.com within thirty (30) days after the date your Benefit Access ends. Continued access is a new purchase between you and LegalFix on the terms then published; it is not a continuation of your Benefit Sponsor’s benefit, your Benefit Sponsor pays no part of it, and your Benefit Sponsor has no obligation in connection with it. If you do not elect to continue within that period, your access ends and you will not be charged.

LEGALFIX WILL NOT CHARGE YOU FOR CONTINUED ACCESS UNLESS YOU AFFIRMATIVELY ELECT IT AND PROVIDE A PAYMENT METHOD. YOUR SILENCE IS NOT AN ELECTION TO CONTINUE.

10.8 Your documents when access ends

Ending a One-Time Purchase period or ending Benefit Access does not take away documents you have already created. A document you have created and downloaded is yours to keep and use permanently, and nothing in this Agreement conditions your continued possession or use of it on any payment to LegalFix. For at least sixty (60) days after your access ends for any reason, LegalFix will allow you to sign in for the limited purpose of viewing and downloading the documents you created, at no charge. Section 7 governs document storage generally, and you remain responsible for keeping your own copies.

10.9 Price changes

LegalFix may change its published prices at any time. A price change does not affect a One-Time Purchase you have already completed, and does not affect the cost of Benefit Access during a Benefit Year already in effect. A change to the price of Voluntary Access takes effect, if at all, at the start of the next Benefit Year, and your Benefit Sponsor will disclose the new price to you before you make your annual election. If LegalFix changes its published price for continued individual access after you have elected it under Section 10.7, LegalFix will give you clear and conspicuous notice at least thirty (30) days before the new price applies to you, together with instructions for declining it.

10.10 Records

LegalFix retains records of your purchase, your enrollment, each affirmative annual election you make for Voluntary Access, and the date and method of each, for at least four (4) years, or one (1) year after your access ends, whichever is longer. On request to support@legalfix.com, LegalFix will provide you with the record of any election attributed to you.

11. Promotional Offers and Trials

LegalFix may from time to time offer a promotional price, a discount, or a trial of a Document Bundle or other Service. The terms of the offer, including its price, its duration, what happens when it ends, and any conditions, are disclosed at the time the offer is made and govern that offer. If any trial or promotional offer would convert into a charge, LegalFix will disclose that clearly and conspicuously before you accept, will obtain your separate affirmative consent to the charge, will send you a reminder before the charge is made, and will provide a means of declining that is at least as easy as accepting. Unless an offer states otherwise, a promotional offer is limited to one per person, and LegalFix determines eligibility.

12. Refunds

A One-Time Purchase may be refunded or exchanged at LegalFix’s discretion, based on the account’s activity and whether the purchased documents have been created and downloaded. If you contact LegalFix at support@legalfix.com within thirty (30) days of a One-Time Purchase and have not created or downloaded a document included in it, LegalFix will refund that purchase in full.

Amounts you paid for Voluntary Access are refunded on a prorated basis as Section 10.6 provides. Where LegalFix discontinues a Document Bundle or a feature in a way that materially reduces the value of what you paid for before you have received it, LegalFix will refund the affected portion of what you paid.

Nothing in this Section limits any refund or cancellation right that applicable law gives you and that cannot be waived, including any statutory right to cancel a purchase within a prescribed period. If you believe you have been charged in error, contact support@legalfix.com and LegalFix will investigate and correct any error.

13. Access Through a Channel Partner; Order of Precedence

You may obtain access to the Services through a Channel Partner, and the Services may be presented to you under the Channel Partner’s name, branding, or domain. The following rules govern that relationship and are material to how disputes are resolved.

This Agreement governs your relationship with LegalFix. This Agreement is the sole and exclusive agreement between you and LegalFix with respect to the Services, including the resolution of any dispute between you and LegalFix. It applies however you obtained access to the Services, including through a Channel Partner, and regardless of any branding applied to the Services.

Channel Partner agreements govern your relationship with the Channel Partner. Any membership agreement, account agreement, benefit plan document, employee handbook, enrollment form, certificate, promotional rules, sweepstakes rules, or other terms between you and a Channel Partner govern your relationship with that Channel Partner. They do not govern, modify, supersede, or displace this Agreement as between you and LegalFix.

Dispute resolution provisions do not cross over. If a Channel Partner’s agreement with you contains an arbitration provision, a class action waiver, a jury trial waiver, a forum selection clause, a choice of law clause, or any other dispute resolution provision, that provision applies to disputes between you and the Channel Partner and does not apply to any dispute between you and LegalFix. Sections 25, 26, and 27 of this Agreement, and only those Sections, govern any dispute between you and LegalFix. You and LegalFix intend this Section to resolve conclusively any question about which of two or more agreements supplies the dispute resolution procedure for a claim against LegalFix, and you and LegalFix agree that no later-executed or separately-executed agreement between you and any third party alters this allocation.

Promotions, sweepstakes, and referral programs. If LegalFix offers a promotion, contest, sweepstakes, referral program, or similar program with its own official rules, those rules govern that program. To the extent those rules address dispute resolution, governing law, or venue, they are superseded by Sections 25, 26, and 27 of this Agreement, which control for every dispute between you and LegalFix.

No third-party beneficiaries. A Channel Partner is not a third-party beneficiary of this Agreement, and LegalFix is not a party to and assumes no obligation under any agreement between you and a Channel Partner. LegalFix is not responsible for the acts, omissions, products, services, benefit determinations, eligibility decisions, billing, or communications of any Channel Partner.

14. Privacy

LegalFix’s collection, use, disclosure, and retention of your personal information is described in the LegalFix Privacy Policy at www.legalfix.com/privacy, which is incorporated into this Agreement by reference. By using the Services you consent to that collection and use, and to the transfer, storage, and processing of your information in the United States. The LegalFix Privacy Policy also describes the rights available to you under applicable privacy laws, including the right to know, delete, correct, and limit certain uses of your personal information, and how to exercise them. Where the LegalFix Privacy Policy and this Agreement address the same subject, the LegalFix Privacy Policy controls as to privacy practices and this Agreement controls as to contractual rights and obligations.

15. Electronic Communications and E-SIGN Consent

By using the Services you consent to receive from LegalFix electronically all agreements, notices, disclosures, and other communications, including those required by law to be in writing, at the email address associated with your account or by posting within your account. Electronic communications satisfy any legal requirement that a communication be in writing. To access and retain electronic records you need a device with a current web browser, an internet connection, an active email address, and the ability to view PDF files. You may print or download any record. You may withdraw this consent by contacting support@legalfix.com; if you withdraw it, LegalFix may be unable to continue providing the Services and may terminate your account. Keep your contact information current; LegalFix is not responsible for your failure to receive a notice sent to an address you have not updated, or for email filtering applied by you or your provider.

16. Text Messages and Telephone Contact

LegalFix will contact you by autodialed or prerecorded call or by text message for marketing purposes only where you have given prior express written consent to receive such messages, and that consent is never a condition of purchase. Message and data rates may apply and message frequency varies. You may revoke consent at any time and by any reasonable means, including by replying STOP to any text message, by telling a representative on a call, or by emailing privacy@legalfix.com; LegalFix will honor a revocation promptly and in any event within the time applicable law requires, and will treat a revocation as applying to all marketing messages of that type. Reply HELP for assistance. Transactional and relationship messages about your account, your purchase or Benefit Access, and your documents are not marketing messages. If you obtained access through a Channel Partner, any consent you gave to the Channel Partner is a consent to be contacted by that Channel Partner and not, by itself, a consent to be contacted by LegalFix.

17. Third-Party Websites and Services

The Services may link to or integrate with third-party websites, content, and services. LegalFix does not endorse, own, or control them, does not warrant their availability, quality, or accuracy, and is not responsible for them. Your use of a third-party website or service is at your own risk and is governed by that third party’s terms and privacy policy, not by this Agreement. A hyperlink does not imply any affiliation or special relationship.

18. Copyright Complaints

LegalFix responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act and may remove allegedly infringing material and terminate the accounts of repeat infringers. Send notices and counter-notices to LegalFix’s designated agent at copyright@legalfix.com or LegalFix, Attn: Copyright Agent, 3839 McKinney Ave., Suite 155-733, Dallas, Texas 75204.

19. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENTNESS, AND FREEDOM FROM ERROR OR DELAY.

LEGALFIX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY DOCUMENT CREATED THROUGH THE SERVICES WILL ACHIEVE YOUR INTENDED LEGAL OUTCOME OR BE ACCEPTED BY ANY COURT, REGISTRY, FINANCIAL INSTITUTION, OR OTHER RECIPIENT; OR THAT ANY AI FEATURE OUTPUT IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT. LEGALFIX SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO AI FEATURE OUTPUT.

YOU ACKNOWLEDGE THAT THE PROVISION OF AN ONLINE SERVICE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERROR, DELAY, INTERRUPTION, AND LOSS, INCLUDING LOSS OF DATA.

Some jurisdictions do not allow the exclusion of implied warranties, so some or all of these exclusions may not apply to you.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LEGALFIX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST GOODWILL, LOSS OF USE, LOSS OF DATA, OR LOSS OF DOCUMENTS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, EVEN IF LEGALFIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, LEGALFIX’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID LEGALFIX FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Subject to the two paragraphs above, LegalFix is not liable for any claim relating to: your failure to perform legal or other research or to perform it properly or completely; any decision you made or action you took in reliance on the Services; your failure to consult an attorney, or the advice, acts, or omissions of any attorney you retain; the acceptance or rejection of any document you create through the Services by any court, registry, financial institution, or other recipient; the acts or omissions of any Channel Partner; or any third-party website, integration, or service.

Savings clause. Nothing in Section 19 or this Section 20 limits, waives, or disclaims any liability, right, or remedy to the extent that limitation, waiver, or disclaimer is prohibited or rendered void by applicable law. Without limiting that sentence, the limitations in Section 19 and this Section 20 do not apply to: liability for fraud, fraudulent misrepresentation, gross negligence, or willful misconduct; any claim under the Texas Deceptive Trade Practices–Consumer Protection Act, Tex. Bus. & Com. Code Chapter 17, Subchapter E, or under any other consumer protection statute whose protections cannot lawfully be waived; any liability for death or personal injury; or any liability that applicable law does not permit to be excluded or limited. If a court or arbitrator determines that any limitation in Section 19 or this Section 20 is unenforceable as to a particular claim or claimant, that limitation will be inapplicable to that claim or claimant and will remain in full force and effect as to all others.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of these limitations may not apply to you. This Agreement gives you specific legal rights, and you may have other rights that vary from state to state.

21. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless LegalFix and its officers, directors, members, employees, agents, contractors, content providers, and licensors from any third-party claim, and from any liability, damage, or cost (including reasonable attorneys’ fees) arising out of: your use of the Services; your breach of this Agreement; Your Content; your violation of any law or of any third party’s rights; or your failure to obtain a consent required under Section 5.6. LegalFix will notify you promptly of any claim for which it seeks indemnification and may, at its own expense, assume the exclusive defense and control of the matter, in which case you will cooperate with that defense. You may not settle any claim in a way that imposes an obligation or admission on LegalFix without LegalFix’s prior written consent. Applicable law may not permit this indemnification in all circumstances, in which case it does not apply to the extent prohibited.

22. Term, Suspension, and Termination

This Agreement applies for as long as you access or use the Services. You may terminate it by ceasing to use the Services and, if you have Benefit Access, by declining to renew it or by notifying your Benefit Sponsor. LegalFix may suspend or terminate your account and access, with or without notice, if you breach this Agreement, if LegalFix suspects fraudulent or abusive activity, if your use harms the Services or other users, or as required by law. LegalFix will make commercially reasonable efforts to give advance notice where circumstances allow. On termination, Section 5.10, Section 7 (as to license survival for retained copies), Sections 9, 19, 20, 21, 25, 26, 27, 28, 30, 31, and 32 survive.

23. Changes to This Agreement

LegalFix may change this Agreement from time to time. Each version of this Agreement carries a version number, a posting date, and an effective date. LegalFix will post a revised version on the Site, and for a material change will also notify you by email to the address on file or by a conspicuous notice within the Services, at least thirty (30) days before the revised version takes effect. A date shown on the Site is not, by itself, notice to you of a material change; the notice described in this Section is.

Changes are prospective only. A change to this Agreement applies only from its effective date forward. No change applies retroactively to a dispute of which LegalFix had actual notice before the change took effect, and no change alters the terms that governed a transaction you completed before the change took effect.

Your options. If you do not agree to a change, you may reject it by ceasing to use the Services, and by declining to renew any Benefit Access, before the change takes effect, in which case the prior version of this Agreement continues to govern your completed transactions. Your continued use of the Services after the effective date of a change constitutes your acceptance of the change.

New opt-out right for changes to Section 27. If LegalFix makes a material change to Section 27 (Binding Arbitration), you will have a new thirty (30) day period, running from the date the change takes effect as to you, to opt out of the arbitration agreement under Section 27.2. If you previously opted out, you remain opted out and need take no further action.

Version archive. LegalFix maintains a publicly accessible archive of every prior version of this Agreement at www.legalfix.com/terms/archive. For each version, the archive shows the version number, the date the version was posted, the date it took effect, and the date it was superseded, and makes the full text of that version available. LegalFix records the version of this Agreement that you accepted and the date and method of your acceptance, and retains that record for four (4) years after your last acceptance of that version or for the period stated in Section 10.10, whichever is longer. On request to legal@legalfix.com, LegalFix will provide you with a copy of the version of this Agreement you accepted and the date you accepted it.

24. Force Majeure

LegalFix’s performance is subject to interruption and delay from causes beyond its reasonable control, including acts of God, acts of government, war, terrorism, civil disorder, fire, flood, power or equipment failure, labor dispute, supply failure, network or internet failure, and the failure or unavailability of a Service Provider.

25. Governing Law

This Agreement, your use of the Services, and any dispute between you and LegalFix are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules and without regard to the United Nations Convention on Contracts for the International Sale of Goods, except as follows: (a) Section 27 (Binding Arbitration) is governed exclusively by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and by federal arbitration law, and not by the arbitration law of any state; and (b) where the law of the state in which you reside gives you a consumer protection right that cannot be waived or displaced by a choice-of-law clause, that right applies to you notwithstanding this Section. Subject to Sections 26 and 27, you and LegalFix submit to the exclusive personal jurisdiction of the state and federal courts located in Dallas County, Texas, except where applicable law requires that a claim be brought in the state where you reside, in which case the state and federal courts of that state are the exclusive forum for that claim.

26. Informal Dispute Resolution—Required First Step

Most disputes can be resolved without formal proceedings. Before you or LegalFix may begin an arbitration or file a lawsuit permitted by this Agreement, the party asserting the claim must first send the other party a written Notice of Dispute.

A Notice of Dispute must be individualized to the claimant and must state: the claimant’s full name, mailing address, email address, and the account or transaction at issue; the nature and factual basis of the claim; the relief sought; and a calculation of any damages claimed. You must send your Notice of Dispute by email to legal@legalfix.com or by mail to LegalFix, Attn: Legal, 3839 McKinney Ave., Suite 155-733, Dallas, Texas 75204. LegalFix will send a Notice of Dispute to the email or mailing address most recently associated with your account.

For forty-five (45) days after the Notice of Dispute is received, the parties will attempt in good faith to resolve the dispute informally. Either party may request an individualized telephone or video settlement conference during that period, and both parties will participate in it in good faith; you and LegalFix may each appear with counsel.

Tolling. All applicable statutes of limitation, contractual limitation periods, and filing deadlines—including the period in Section 28—are tolled from the date a Notice of Dispute is received until forty-five (45) days after that date, or until the informal resolution period ends, whichever is later. Neither party may assert delay during the informal resolution period as a defense.

Condition precedent. Compliance with this Section 26 is a condition precedent to commencing an arbitration or a lawsuit, except for a claim for temporary, preliminary, or emergency injunctive relief and except for a claim brought in small claims court. Either party may raise non-compliance in court or before the arbitrator, and the sole remedy for non-compliance is an order requiring compliance and a corresponding extension of time; non-compliance does not extinguish a claim.

27. Binding Arbitration; Waiver of Class, Collective, Mass, and Representative Actions; Waiver of Jury Trial

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES, WAIVES YOUR RIGHT TO A JURY TRIAL, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. YOU MAY OPT OUT OF THIS SECTION WITHIN 30 DAYS. SEE SECTION 27.2.

27.1 Scope; Federal Arbitration Act

Except as Section 27.7 and Section 27.8 provide, you and LegalFix agree that any dispute, claim, or controversy between you and LegalFix arising out of or relating in any way to this Agreement, the Site, the Services, the Free Information, the Document Drafter, any AI Feature, any One-Time Purchase, any Benefit Access, any trial or promotional offer, any renewal, pricing, or billing practice, any advertising or marketing, any Communication between you and LegalFix, the collection, recording, transcription, monitoring, interception, analysis, storage, use, or disclosure of your information, the use of cookies, pixels, tags, chat technology, session replay, or analytics, any allegation of wiretapping, eavesdropping, or unlawful recording, any access obtained through a Channel Partner, or the relationship between you and LegalFix—whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the termination of this Agreement—will be resolved exclusively by final and binding individual arbitration.

This Section 27 is intended to be interpreted broadly. This Agreement evidences a transaction involving interstate commerce, and this Section 27 is governed exclusively by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and by federal arbitration law. The arbitration law of any state, including the Texas Arbitration Act, does not govern this Section 27. The arbitrator, and not any court, will decide all issues relating to the interpretation, applicability, enforceability, scope, revocability, and formation of this Section 27, except that a court of competent jurisdiction will decide any challenge to the enforceability or application of the waiver in Section 27.9 and of the batch procedures in Section 27.11 where applicable law requires that a court decide it.

27.2 Your 30-day right to opt out of arbitration

YOU MAY OPT OUT OF THIS SECTION 27 BY SENDING WRITTEN NOTICE WITHIN THIRTY (30) DAYS AFTER THE DATE YOU FIRST ACCEPT THIS AGREEMENT, OR WITHIN THIRTY (30) DAYS AFTER A MATERIAL CHANGE TO THIS SECTION 27 TAKES EFFECT AS TO YOU.

To opt out, send a notice that includes your full name, the email address associated with your account, your mailing address, and a clear statement that you wish to opt out of the arbitration agreement in the LegalFix Terms of Service, to arbitration-optout@legalfix.com, or by mail to LegalFix, Attn: Arbitration Opt-Out, 3839 McKinney Ave., Suite 155-733, Dallas, Texas 75204. One notice covers all Services you obtain from LegalFix. Opting out will not affect your account, your pricing, your benefits, or any other aspect of your relationship with LegalFix, and LegalFix will not retaliate against you for opting out. If you timely opt out, this Section 27 does not apply to you and the remainder of this Agreement continues to apply, including Section 25 and Section 26.

27.3 Arbitration administrator and rules

The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures, as applicable, together with the JAMS Consumer Arbitration Minimum Standards and, where Section 27.11 applies, the JAMS Mass Arbitration Procedures and Guidelines, each as modified by this Section 27. If JAMS is unavailable, unwilling, or unable to administer the arbitration consistent with this Section 27, the arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules and, where Section 27.11 applies, its Mass Arbitration Supplementary Rules, each as modified by this Section 27. If neither administrator is available, the parties will agree on a substitute administrator, and failing agreement a court of competent jurisdiction will appoint one under 9 U.S.C. § 5. The administrator’s rules are available at www.jamsadr.com and www.adr.org. Where this Section 27 conflicts with an administrator’s rules, this Section 27 controls to the extent the administrator permits.

The arbitrator will be a neutral and independent person selected under the administrator’s applicable consumer selection procedure.

27.4 Arbitrator’s authority

The arbitrator has exclusive authority to resolve the dispute, may grant any remedy available in court to the individual party seeking relief under applicable law and this Agreement, and must honor the limitations in Sections 19, 20, and 28 and any defense based on a statute of limitations. The arbitrator must issue a written award stating the essential findings and conclusions. The award is final and binding, and judgment on it may be entered in any court of competent jurisdiction. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim, and may not award relief for or against any person who is not a named party.

27.5 Hearing format and location

The arbitration may be conducted on written submissions, by telephone, or by video conference. If an in-person hearing is required or elected, it will be held in the county where you reside or in another location you and LegalFix agree on, and LegalFix may appear remotely where the administrator’s rules allow. Nothing in this Section requires you to travel outside the county where you reside.

27.6 Arbitration fees and costs; payment deadlines

Payment of filing, administrative, and arbitrator fees is governed by the administrator’s consumer rules and minimum standards, which generally require LegalFix to pay all such fees other than an initial filing fee capped at the amount a consumer would pay to file in court. If you demonstrate that the costs of arbitration would be prohibitive compared with the costs of litigation, LegalFix will pay as much of your filing, administrative, and arbitrator fees as the arbitrator determines is necessary to prevent the arbitration from being cost-prohibitive. Each party bears its own attorneys’ fees unless a contract, statute, rule, or the arbitrator’s award provides otherwise. If the arbitrator finds that a claim, defense, or request for relief was frivolous or brought for an improper purpose, the arbitrator may award any sanction available under applicable law or standards analogous to Rule 11 of the Federal Rules of Civil Procedure.

Payment due dates. Notwithstanding any rule of the administrator or any provision of state law that would set a shorter period, any invoice for fees or costs required to initiate or to continue an arbitration under this Section 27 is due one hundred twenty (120) days after the date the invoice is received by the party obligated to pay it, unless that party agrees in writing to an earlier date. The parties adopt this due date by agreement and intend it to supply the due date for any purpose under applicable law.

27.7 Exceptions to arbitration

Nothing in this Section 27 prevents either party from: (a) bringing an individual claim in small claims court, in the county where you reside or in Dallas County, Texas, if the claim qualifies and remains on an individual basis; (b) seeking temporary, preliminary, or emergency injunctive relief in a court of competent jurisdiction to prevent imminent harm pending completion of arbitration; or (c) bringing a claim in court that relates solely to the alleged infringement, misappropriation, or violation of intellectual property rights. If a claim is transferred, removed, appealed, or otherwise ceases to qualify for small claims treatment, either party may elect arbitration under this Section 27.

27.8 Public injunctive relief

If a claim for public injunctive relief is asserted and applicable law provides that the right to seek such relief cannot be waived in any forum, that claim alone will be severed from the arbitration and stayed pending the conclusion of the arbitration of all other claims, and will then be litigated in a court of competent jurisdiction under Section 27.13. The severance and stay of a public injunctive relief claim does not affect the enforceability of any other part of this Section 27, including Section 27.9, as to all other claims.

27.9 Waiver of class, collective, consolidated, mass, representative, and private attorney general proceedings

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LEGALFIX EACH WAIVE ANY RIGHT TO BRING, JOIN, SEEK RELIEF IN, OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, COORDINATED ACTION, MASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER NON-INDIVIDUALIZED PROCEEDING OR REQUEST FOR RELIEF, WHETHER IN ARBITRATION OR IN COURT.

Claims may not be joined or consolidated with those of any other person without the written consent of all parties to all affected proceedings, except that substantially similar individual demands may be administered in batches under Section 27.11 solely for administrative efficiency, which does not authorize any class, collective, representative, private attorney general, or mass proceeding and does not permit any claimant to recover on another claimant’s claim.

27.10 Waiver of jury trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LEGALFIX EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY OF ANY CLAIM BETWEEN YOU AND LEGALFIX. THIS WAIVER APPLIES TO ANY CLAIM THAT IS FOUND NOT TO BE SUBJECT TO ARBITRATION, TO ANY CLAIM BROUGHT BY A PERSON WHO HAS OPTED OUT UNDER SECTION 27.2, AND TO ANY PROCEEDING TO ENFORCE, CONFIRM, MODIFY, OR VACATE AN ARBITRATION AWARD.

You acknowledge that you have read this waiver, that you understand that it gives up a constitutional right, that you have had the opportunity to consult counsel of your own choosing before accepting it, and that you accept it voluntarily. This waiver is not enforceable in every jurisdiction, and it does not apply where the law of the jurisdiction in which a claim is brought prohibits a predispute contractual waiver of the right to a jury trial. See Section 33.

27.11 Batch arbitration procedures

If twenty-five (25) or more individual arbitration demands that raise the same or substantially similar factual allegations, legal issues, or requests for relief are filed against LegalFix within a one hundred eighty (180) day period by or with the assistance of the same law firm, group of coordinating law firms, or organization, the demands will be administered in batches as follows, solely to reduce the burden and cost of administering a large number of similar individual claims.

The administrator will divide the demands into batches of no fewer than twenty-five (25) and no more than one hundred (100) demands each, grouping demands of reasonably similar character and value where feasible, and will appoint one arbitrator for each batch. One set of filing fees and one set of administrative fees will apply per batch to the extent the administrator’s rules permit. The arbitrator for a batch may resolve threshold issues, scheduling, and common evidentiary and legal questions for the demands in that batch, but must issue a separate merits determination and, where relief is awarded, a separate damages determination for each individual claimant. Each claimant must prove that claimant’s own claim and entitlement to relief.

Bellwethers are not binding on anyone else. The administrator may designate the first batch to proceed as a bellwether. No determination, finding, or award in a bellwether batch has any preclusive, precedential, issue-preclusive, or binding effect on any claimant whose demand is not in that batch, and no claimant is bound by the conduct, evidence, arguments, or representation of any other claimant. Every claimant retains the right to present that claimant’s own evidence and argument to that claimant’s own arbitrator.

Mediation. After the bellwether batch is decided, the parties will participate in good faith in a mediation regarding the remaining demands. If the remaining demands are not resolved, they will proceed in successive batches on the same terms, and the parties will cooperate with the administrator to complete them without undue delay.

Tolling. All applicable statutes of limitation, contractual limitation periods, and filing deadlines are tolled for every demand subject to this Section 27.11, from the date that demand is filed with the administrator until that demand is resolved or withdrawn. No claimant will lose a claim because of the time required to administer batches.

Right to leave the batch. Any claimant whose demand has not yet been assigned to an arbitrator may elect, by written notice to LegalFix and the administrator, to withdraw that demand from arbitration and pursue it individually in small claims court or, if it does not qualify, in a court of competent jurisdiction under Section 27.13. Section 27.9 and Section 27.10 continue to apply to a demand pursued in court under this paragraph.

Counsel for all parties will cooperate in good faith with the administrator to implement this Section 27.11 efficiently, fairly, and proportionately.

27.12 Severability of this Section

The following rules govern if any part of this Section 27 is held invalid or unenforceable.

If any part of Section 27.9 is held unenforceable as to a particular claim or request for relief, that claim or request for relief alone will be severed from the arbitration and litigated in a court of competent jurisdiction under Section 27.13, and will be stayed pending arbitration of all remaining claims. The remainder of Section 27.9 remains enforceable as to all other claims.
If Section 27.11 is held unenforceable, or if the administrator declines to administer demands in accordance with it, Section 27.11 will be severed as to the affected demands only. Those demands will proceed in individual arbitration without batching, or, if that is not administratively feasible, in a court of competent jurisdiction under Section 27.13. Severance of Section 27.11 does not invalidate the agreement to arbitrate as to any other demand and does not invalidate Sections 27.9 or 27.10 as to any demand.
If Section 27.10 is held unenforceable as to a claim brought in a particular jurisdiction, that holding affects only the jury trial waiver as to that claim in that jurisdiction and does not affect Section 27.9, the agreement to arbitrate, or any other part of this Agreement.
If any other part of this Section 27 is held invalid or unenforceable, that part will be severed and the remainder of this Section 27 and of this Agreement will continue in full force and effect.

You and LegalFix expressly intend that no single unenforceable provision of this Section 27 will invalidate the whole of it, and that a court or arbitrator will give effect to the greatest portion of this Section 27 that applicable law permits.

27.13 Forum for claims not subject to arbitration

Any claim that is found not to be subject to arbitration, and any action concerning the applicability or enforceability of this Section 27, will be brought exclusively in the state or federal courts located in Dallas County, Texas, except that where applicable law requires the claim to be brought in the state where you reside, the state and federal courts of that state will be the exclusive forum. Section 27.9 and Section 27.10 apply to any such claim.

27.14 Survival

This Section 27 survives the termination of your account, the ending of any Benefit Access, the completion of any Document Session or One-Time Purchase, and the termination or expiration of this Agreement.

28. Limitation on Time to Bring Claims

To the fullest extent permitted by law, any claim arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the claim accrues, or it is permanently barred. This Section does not apply to the extent applicable law prohibits shortening the limitations period for a particular claim, and it does not apply to any claim brought by LegalFix relating to the infringement or misuse of its intellectual property. The period in this Section is tolled as provided in Section 26 and Section 27.11.

29. Assignment

LegalFix may assign this Agreement, in whole or in part, to an affiliate, to an acquirer of its business or assets, or to a successor by merger, without your consent. You may not assign or transfer this Agreement or any right or obligation under it, and any attempted assignment by you is void.

30. Notices

LegalFix may give you notice by email to the address associated with your account, by text message where you have consented to receive them, or by posting within your account or on the Site. You must give LegalFix notice under this Agreement by email to legal@legalfix.com or by mail to LegalFix, Attn: Legal, 3839 McKinney Ave., Suite 155-733, Dallas, Texas 75204. A notice sent by email is effective when sent; a notice sent by mail is effective on receipt. This Section governs contractual notices only and does not change the rules for service of process, subpoenas, or other legal process, which must be served as applicable law requires.

31. General Provisions

If any provision of this Agreement is held void, invalid, or unenforceable, that provision will be construed, limited, or severed so as to give effect to the parties’ intent to the greatest extent applicable law permits, and the remaining provisions will remain in full force and effect. Section 27.12 governs severability within Section 27. A party’s failure or delay in enforcing a provision is not a waiver of that provision or of the right to enforce it later. Section headings are for convenience only and do not affect interpretation. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between you and LegalFix. No customer service representative is authorized to bind LegalFix or to vary this Agreement.

32. Entire Agreement

This Agreement, together with the LegalFix Privacy Policy and any additional terms presented to you and accepted by you at the time you purchase a particular Service, is the entire agreement between you and LegalFix regarding the Services and supersedes all prior or contemporaneous understandings, whether oral or written, on that subject. Additional terms presented at purchase supplement this Agreement and control over it only as to the specific Service they govern and only to the extent of a direct conflict; they do not modify Sections 25, 26, or 27, which govern every dispute between you and LegalFix. Section 13 governs the relationship between this Agreement and any agreement between you and a Channel Partner.

33. State-Specific Provisions

The following provisions apply to residents of the states identified and, where they conflict with another provision of this Agreement, control as to those residents.

33.1 California

Predispute jury trial waivers are not enforceable in California courts. Section 27.10 does not apply to a claim brought in a California court by a California resident. This does not affect the agreement to arbitrate in Section 27, the waiver in Section 27.9, or the enforceability of a jury trial waiver in any other forum or jurisdiction where it is permitted.
Nothing in this Agreement waives any right under the Consumers Legal Remedies Act, Cal. Civ. Code §§ 1750 et seq., that Cal. Civ. Code § 1751 makes non-waivable. To the extent Section 27.9 is held unenforceable as applied to a claim under that Act, that claim is severed and litigated under Section 27.13 as provided in Section 27.12.
Section 27.8 governs any claim for public injunctive relief under the Unfair Competition Law, the False Advertising Law, or the Consumers Legal Remedies Act.
Under Cal. Civ. Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
The recording, monitoring, and processing described in Section 5 is undertaken with your express consent given under Section 5.6 for purposes of the California Invasion of Privacy Act. Your rights under the California Consumer Privacy Act, as amended, including the right to know, delete, correct, and limit the use of sensitive personal information, are described in the LegalFix Privacy Policy.

33.2 Georgia

Predispute contractual jury trial waivers are not enforceable under Georgia law. Section 27.10 does not apply to a claim brought in a Georgia court by a Georgia resident. This does not affect the agreement to arbitrate in Section 27 or the waiver in Section 27.9.

33.3 New Jersey

No provision of this Agreement limits or waives any right or remedy available to you under the New Jersey Consumer Fraud Act or any other New Jersey statute to the extent that right or remedy cannot lawfully be waived, and no provision limits LegalFix’s liability for its own gross negligence, recklessness, willful misconduct, or intentional wrongdoing.

33.4 North Carolina

Section 20 does not limit LegalFix’s liability for direct damages to the extent North Carolina law prohibits that limitation as to a North Carolina consumer.

33.5 Texas

This Agreement evidences a transaction involving interstate commerce, and Section 27 is governed exclusively by the Federal Arbitration Act and not by the Texas Arbitration Act, Tex. Civ. Prac. & Rem. Code Chapter 171.
Nothing in this Agreement waives any right or remedy under the Texas Deceptive Trade Practices–Consumer Protection Act, Tex. Bus. & Com. Code Chapter 17, Subchapter E, and no provision of Section 19, Section 20, or Section 28 applies to a claim under that Act to the extent Tex. Bus. & Com. Code § 17.42 renders the provision void.
The jury trial waiver in Section 27.10 is set out in bold, capitalized text under a bold heading so that it is conspicuous, and you acknowledge that you have read it and accepted it knowingly and voluntarily after an opportunity to consult counsel of your own choosing.

33.6 Other states

If the law of the state in which you reside prohibits or limits the enforcement of any waiver, limitation, or provision of this Agreement as to a consumer residing there, that waiver, limitation, or provision does not apply to you to the extent of the prohibition, and the remainder of this Agreement continues to apply. This Agreement is to be read as granting you every right that applicable law makes non-waivable.

34. Contact Information

BookLawyer, LLC d/b/a LegalFix

3839 McKinney Ave., Suite 155-733, Dallas, Texas 75204

General and support

support@legalfix.com

Legal notices and Notices of Dispute

legal@legalfix.com

Arbitration opt-out

arbitration-optout@legalfix.com

Privacy and recording requests

privacy@legalfix.com