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Terms of Service Agreement

Terms of Service

Effective 01 SEP 2023

This is a legally binding agreement. Please read these terms and conditions carefully. By clicking the button during the Registration to accept this Agreement, you represent that you have the full legal authority to enter this agreement on behalf of the party identified in the registration process, and in that capacity you acknowledge such party’s agreement to be bound by the terms and conditions set forth or referenced below. If you do not agree to these terms and conditions, do not register for the services provided on this Site.

 

Last Updated: September 2023

     1.     OVERVIEW

Your use of the Kingfisher Files website (including, without limitation, mobile websites) (collectively, the “Site”), and all services, self-help documents, forms, and templates provided by the Site are subject to these Terms of Service, which we may update from time to time. Please read these Terms of Service carefully before using this Site. These Terms of Service form a legal agreement entered into by and between Essential Deliverables, LLC (also referred to in these Terms of Service as “Kingfisher Files”, “we”, “us” and “our”) and the party (“you” and “your”) indicated during the registration process (such process and the information provided during such process, as amended from time to time through your login to your account in accordance with these Terms of Service, the “Registration”).  By accessing, browsing, and/or otherwise using the Site, by purchasing something from us, by registering with the Site, and/or by clicking “I Agree” to accept or agree to these Terms of Service when this option is made available to you, you signify your agreement to these terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”) and to comply with all applicable laws and regulations.

2.     TERMS

We offer this website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms of Service govern your access to and use of the Site and do not alter the terms and conditions of any other agreement you may have with us for products or otherwise, unless specifically agreed to by us in writing. 

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, and/ or contributors of content.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SITE.  IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR USE ANY SERVICES.

3.     ELIGIBILITY AND PERMITTED JURISDICTIONS

THE SITE IS ONLY INTENDED FOR USERS LOCATED IN THE UNITED STATES, AND IT IS NOT INTENDED FOR USERS LOCATED IN OTHER JURISDICTIONS, INCLUDING THE EUROPEAN UNION AND THE EUROPEAN ECONOMIC AREA.  THE SITE IS ALSO OFFERED ONLY TO USERS WHO ARE AT LEAST 18 YEARS OF AGE.  BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SITE FROM WITHIN THE UNITED STATES AND THAT YOU ARE AT LEAST 18 YEARS OF AGE.

We are based in the State of Tennessee in the United States of America, and the Site is intended solely for residents of the United States.  We make no representations that the Site or any of its content is appropriate or available for use in all locations.  Use of or access to the Site may not be legal by certain person or in certain countries.  By using or accessing this Site, you do so at your own risk and are responsible for compliance with the laws and regulations of your own jurisdiction and any jurisdiction from which you access or use the Site.

4.     NO LEGAL ADVICE

As part of our Site, we offer self-help, “fill in the blank” forms. We strive to keep the forms, documents and other materials available through the Site, including any descriptions, information and other help resources (collectively, the “Legal Forms”) current and up-to-date; however, they are not legal advice and are not guaranteed to be correct, complete or up-to-date. The law changes rapidly and is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. The law is a personal matter, and no general information, Legal Forms, or tool like the kind we provide can fit every circumstance. We do not review the information you input into a Legal Form for accuracy or legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.  The Site and the Legal Forms are made available solely for informational purposes. It is your responsibility to use and update the Legal Forms as you deem appropriate for your specific needs.

Our Site does not provide legal advice, and there is no attorney-client relationship between you and us. Kingfisher Files is not a law firm or an attorney, it may not perform services performed by an attorney, and it does not provide any legal advice. Our Site is not a substitute for the advice of an attorney, and, if you need legal advice, you should consult a licensed attorney in your state. At no time is an attorney-client relationship or any other special relationship created between you and Kingfisher Files or any employee or other person associated with Kingfisher Files, and any information you provide us is not protected by attorney-client privilege or as work product. You are and will be representing yourself in any matter you undertake using the Site. You understand that our providing of the Site to you is neither legal advice nor the practice of law, and that the Legal Forms (as defined below) are not customized to your particular needs. If, prior to your use of the Site or any Legal Form, you believe that Kingfisher Files gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you must not use the Site or the Legal Form, and any use of these documents is done at your own risk. YOU UNDERSTAND THAT ANY ERROR REVIEW BY KINGFISHER FILES IS AN AUTOMATED PROCESS THAT IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. IT IS NOT COMPREHENSIVE. YOU WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING THEM AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).

5.     INTELLECTUAL PROPERTY

These Terms of Service permit you to use the Site exclusively for your personal, non-commercial use.  The Site as well as its contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all information, products, and services offered by us to you in connection with the Site (collectively, the “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws.

Our Site facilitates the option for you to use a third-party provider of notary services. They provide the online notary platform that allows you access to notary services for Legal Forms you create on the Site.  Otherwise, the Site and the Content are the property of us and/or our third-party licensors, and all right, title and interest in and to the Site and the Content will remain with us or such third-party licensors.  Other products and names mentioned herein may be the trademarks of their respective owners.

You do not acquire ownership rights to the Site or any Content. These Terms of Service do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of Kingfisher Files or the respective intellectual property owners. As between us and you, we have and retain exclusive and valid ownership of the Site, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of Kingfisher Files. Kingfisher Files, its associated logos, and all page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Kingfisher Files. All other product names and company logos mentioned on the Site or in the information or content contained therein are trademarks of their respective owners.  In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of Kingfisher Files or the respective owners of such information or intellectual property. You agree that you will not remove, alter, or obscure any copyright, legal or proprietary notices in or on any portions of the Site or the information and content contained therein.

You may only use the Site and the Content as expressly permitted herein, and any other use is prohibited. You shall not adapt, reverse engineer, decompile, disassemble, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Site or the Content.  Any copying, republication, or redistribution of the foregoing, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Kingfisher Files and/or the respective intellectual property rights holder identified in the subject content, which consent may be granted or withheld at the sole discretion of the rights holder.

We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.  Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, we reserve the right to terminate your use of the Site or the Content if we determine, in our sole and absolute discretion, that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.

6.     ACCOUNT AND SECURITY

Access to certain portions of the Site or some of the resources it offers may require a user name and password.  Only registered users may access password-protected pages.  You may be asked to provide certain registration details or other information.  It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.  You agree that all information you provide to register with the Site or otherwise is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. We recommend that your passwords be as complex as you can make them (in terms of using various digits, numbers, etc.) and at least seven characters in length. It is your responsibility to keep these passwords safe when they are in your possession.

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion you have violated any provision of these Terms of Service.

You understand that your order information (not including credit card information), may be transferred via unencrypted means and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks. See our Privacy Policy to learn more about how we take measures to keep your data secure.

7.     ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

This Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We make no representations or warranties as to the accuracy, reliability, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

8.     MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site. 

We do not guarantee continuous, uninterrupted or secure access to our Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

9.     PRODUCTS OR SERVICES

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to refuse service to anyone for any reason at any time, to the extent permitted by applicable law. We may exercise these rights on a case-by-case basis.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.

Kingfisher Files is website that gives visitors a general understanding of the law and provides an automated software solution to individuals who choose to prepare their own legal documents. The Site includes general information on legal issues. We do not review your answers or completed Forms for legal sufficiency; draw legal conclusions; provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, strategies, or selection of forms; or apply the law to the facts of your particular circumstance.

Kingfisher Files is not a law firm and may not perform services performed by an attorney. Neither we nor our employees are acting as your attorney. Any use of the Site does not create or constitute an attorney-client relationship between you and Kingfisher Files or any employee of or other person associated with Kingfisher Files.

The information contained in the Site is general legal information and should not be construed as legal advice to be applied to any specific factual situation. As the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, the information or use of documents on the Site is not a substitute for the advice of a lawyer. Kingfisher Files, our online platform, and its Forms are not a substitute for the advice or services of an attorney. If you are unsure whether your particular situation requires that a document be changed, you should consult a lawyer.

Kingfisher Files does not endorse any content provided by any linked sites, nor does it assume any responsibility for the interpretation or application of any information originating from such content. In addition, Kingfisher Files does not endorse any content contained in any advertising on the Site, nor does it assume any responsibility for the quality or integrity of such work.

We provide watermarked blank document templates of the Legal Forms upon request. To request such templates, please write to us at Essential Deliverables dba Kingfisher Files; 211 S 2nd St. Suite 213, Clarksville, TN 37040, specifying which document templates you are requesting.

10. BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

Annual subscriptions that are part of a package which includes notarization services provided by a third-party provider may be refunded within thirty days of initial purchase if such notarization service has not yet been utilized. In order to cancel your annual subscription without additional fees, you must cancel at least thirty calendar days prior to your renewal date. In order to cancel your monthly subscription without additional fees, you must cancel at least 7 days prior to your renewal date. To cancel your subscription, either send an email to hello@kingfisherfiles.com or change the settings within your Registration. Following cancellation of your subscription, you will have a period of 30 days to download or print your previously created Legal Forms, after which time your account shall be frozen.

In the event we are required to act any actual under a subpoena or other legal proceeding related to your Legal Forms, your account will be charged for reasonable response, time, and travel expenses related to our required actions under such subpoena or legal proceeding.

11. THIRD-PARTY RESOURCES 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input (“Third-party Resources”).  These Third-party Resources are provided solely as a convenience to you. You acknowledge and agree that we provide access to such Third-party Resources on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional Third-party Resources, including any notary services.  If you choose to use such Third-party Resources, you will leave the Kingfisher Files Site and will be subject to the terms of use and privacy policy applicable to those websites. Any use by you of optional Third-party Resources offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

12. THIRD-PARTY LINKS

Certain content, products and services available via our Site may include materials from third-parties.  Third-party links on this Site may also direct you to third-party websites that are not affiliated with us.  We have no control over third-party sites, and we are not responsible for any changes to or content on them. Our inclusion of any content is not an endorsement of that material or link or the companies that own or operate the material or linked sites.

We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

13. COMMENTS, FEEDBACK AND OTHER COMMUNICATIONS 

You agree to accept all communications from us regarding use of the Site at the addresses you provide during Registration. Please promptly update any changes to your registration information within your Kingfisher Files account. We are entitled to rely on the email address and U.S. mailing address that you lase provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your email or U.S. mailing address.

BY PROVIDING YOUR INFORMATION VIA THE REGISTRATION AND SITE, YOU AUTHORIZE KINGFISHER FILES, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, AND CONTRACTORS (INCLUDING A CALL CENTER) TO INITIATE ELECTRONIC COMMUNICATIONS BY E-MAIL, TELEPHONE CALLS TO NUMBERS (INCLUDING TO CELLULAR PHONE) THAT ARE PROVIDED THROUGH THE SITE OR AS PART OF THE REGISTRATION, AND TEXT MESSAGES (SMS OR MMS) TO CELLULAR PHONE NUMBERS THAT ARE PROVIDED THROUGH THE SITE OR AS PART OF THE REGISTRATION TO PROVIDE ORDER UPDATES OR OTHER PURPOSES RELATED TO THE SITE AND YOUR RELATIONSHIP WITH KINGFISHER FILES. YOUR CARRIER MAY CHARGE FOR THESE INCOMING CALLS OR MESSAGES. YOU CONSENT TO SUCH COMMUNICATIONS, WHICH MAY OCCUR BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM. TELEPHONE CALLS MAY BE RECORDED. STANDARD DATA AND MESSAGE RATES MAY APPLY FOR SMS AND MMS ALERTS, WHETHER YOU SEND OR RECEIVE SUCH MESSAGES, AND YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH CHARGES. DO NOT SUBMIT YOUR INFORMATION IF YOU DO NOT CONSENT TO BEING CONTACTED BY TELEPHONE, TEXT, OR EMAIL.

If, at our request, you send certain specific submissions (for example testimonials) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You represent and warrant that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further represent and warrant that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

14. LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

This Site may provide certain social media features that enable you to:

       ·       Link from your own or certain third-party websites to certain content on this Site;

       ·       Send e-mails or other communications with certain content, or links to certain content, on this Site.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

       ·       Establish a link from any website that is not owned by you;

       ·       Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;

       ·       Link to any part of the Site other than the homepage; or

       ·       Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Service.

You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

15. PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy.

16. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

We reserve the right to modify or discontinue the Site at any time with or without notice to you. We do not guarantee continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.

17. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content:

       ·       For any unlawful purpose;

       ·       To solicit others to perform or participate in any unlawful acts;

       ·       To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

       ·       To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

       ·       To reproduce, duplicate, copy, “screen scrape”, “monitor”, “mine”, “copy”, or “mirror” sell, resell or exploit any portion of the Site;

     ·    To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

       ·       To submit false or misleading information;

       ·       To transmit or send unsolicited commercial communications

      ·    To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;

       ·     To gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Site (or the servers, networks, and databases connected to the Site);

       ·       To collect or track the personal information of others;

       ·       To spam, phish, pharm, pretext, spider, crawl, or scrape;

       ·       For any obscene or immoral purpose; or

       ·       To interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.

You agree to use the Site only for lawful purposes and in accordance with these Terms of Service.  You further acknowledge and agree:

      ·       that you will not engage in any activity that interferes with, disrupts, or imposes an unreasonable or disproportionately large load on the Site (or the servers, networks, and databases which are connected to the Site);

       ·       that you will not edit, modify, correct, adapt, translate, enhance, or otherwise prepare derivative works any content on the Site that is not owned by you or another person or entity for whom you act as their agent;

      ·       that you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the Site for any commercial purpose (except for content specifically and expressly made available for redistribution);

      ·       that you will not remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, copyrights, warranties, disclaimers, or other proprietary notations from the Site;

       ·       that you will not impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);

       ·       that you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images; and

     ·       that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of ervice and for the consequences (including any loss or damage which you may suffer) of any such breach.

We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

18. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. THE SITE AND THE CONTENT AND ALL PRODUCTS AND SERVICES DELIVERED VIA THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  KINGFISHER FILES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, DURABILITY, MERCHANTABLE QUALITY, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER KINGFISHER FILES NOR ANY PERSON ASSOCIATED WITH KINGFISHER FILES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE USE OF THE SITE OR THE CONTENT, OR THE MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, OR OTHERWISE RELATING TO THE SITE, THE CONTENT, OR ANY SITES LINKED TO THE SITE, INCLUDING ANY THIRD-PARTY RESOURCES YOU CHOOSE TO USE.

WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR CONTENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT FROM THE SITE OR ANY THIRD-PARTY RESOURCE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE OR ANY THIRD-PARTY RESOURCE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. LIMITATION OF LIABILITY

IN NO CASE SHALL KINGFISHER FILES, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE, OUR SERVICES, OR ANY PRODUCTS PROCURED USING THE SAME, INCLUDING ANY THIRD-PARTY RESOURCES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, OUR SERVICES, OR ANY PRODUCT OR THIRD-PARTY RESOURCE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY THIRD-PARTY RESOURCES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THIS AGREEMENT ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED IN THIS AGREEMENT AND FOR PROVIDING CUSTOMER WITH ACCESS TO THE SITE.

IN THE EVENT A COURT OR ARBITRATION PANEL, AS THE CASE MAY BE, SHOULD HOLD THE LIMITATIONS OF LIABILITIES OR REMEDIES AVAILABLE UNDER THESE TERMS OF SERVICE, OR ANY PORTION THEREOF, ARE UNENFORCEABLE FOR ANY REASON, THEN YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES WILL THE TOTAL, AGGREGATE LIABILITY OF KINGFISHER FILES AND ITS EMPLOYEES, DISTRIBUTORS, AGENTS OR AFFILIATES, TO YOU OR ANY THIRD PARTY, FOR ANY CAUSE WHATSOEVER, EXCEED $100 U.S. DOLLARS, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IF YOU ARE A NORTH CAROLINA RESIDENT, WE DO NOT DISCLAIM ANY WARRANTIES OR LIABILITY, WE DO NOT LIMIT THE DAMAGES OR OTHER REMEDIES AVAILABLE TO YOU, AND THE INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS AGREEMENT DO NOT APPLY TO YOU.

20. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kingfisher Files and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claims, liabilities, damages, demands, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service, your violation of any law or the rights of a third-party, and your use of the Site and any Third-party Resources, including, but not limited to, any use of the Site’s content or services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.

21. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

22. TERMINATION 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. Upon expiration or termination of these Terms of Service, you acknowledge and agree that we may terminate your account and destroy all information and data associated with your account, including content and Legal Forms. Following expiration of your subscription term, you will have access to download and print any documents you created on the Site for a period of thirty days. Following this thirty-day period, we will store your documents for an additional sixty days as necessary under our role as a custodian of these documents in the event we are required by law to produce such documents as requested by relevant legal authorities (i.e. probate court). You should make arrangements to maintain outside of the Site copies of Legal Forms completed by you.

23. ENTIRE AGREEMENT; INTERPRETATION; NO WAIVER

These Terms of Service and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

These Terms of Service are assignable only by us. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Kingfisher Files without restriction. Any attempted sublicense, transfer, or assignment in violation of these Terms of Service is void. These Terms of Service will be binding upon and inure to the benefit of the parties and their successors and permitted assigns.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

24. GOVERNING LAW; VENUE; DISPUTE RESOLUTION 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict of law principles.  To the extent permitted by applicable law, the exclusive venues for any dispute arising out of or related to these Terms of Service shall be those state and federal courts having jurisdiction over the City of Clarksville, Tennessee and Montgomery County, Tennessee. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms of Service operate to the fullest extent permissible by law.

25. CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. We will provide notice by, at a minimum, updating this posting.  However, if we make material changes to these Terms of Service, we will notify you either through the email address you have provided us or by means of a prominent notice on the Site before the change becomes effective. 

You can review the most current version of the Terms of Service at any time at this page.  It is your responsibility to check our Site periodically for changes.  Your continued use of or access to our Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If any part of these Terms or any future changes to these Terms are not acceptable to you, you must not use or access the Site.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. Any changes to these Terms of Service will be in effect as of the “Last Updated” date referenced at the top of these Terms of Service.

26. CONTACT INFORMATION 

If you have any questions, you may contact us at:

Essential Deliverables dba Kingfisher Files

211 S 2nd St. Suite 213, Clarksville, TN 37040

hello@kingfisherfiles.com.

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