Last updated: July 29, 2015
These Terms of Service are an agreement between you and Quickly Legal, created and operated by Startup Foundry, LLC (“Startup Foundry”, “we”, “us”), an Illinois limited liability company with its principal place of business in Chicago, Illinois. By visiting quicklylegal.com or using QuicklyLegal apps, you represent that you are at least 18 years old, legally able to enter into contracts, and have read and consent to these terms of service without change. We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate service to anyone and you agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of your use of quicklylegal.com. If you do not agree to any of terms in this Agreement or the related policies referenced in this Agreement, please do not use Quickly Legal.
This Agreement is effective on July 29, 2015 and we may update it from time to time. All updates take effect immediately and your continued use of quicklylegal.com and our apps after such time will signify your acceptance of this Agreement.
- Description of Our Service.
Quickly Legal allows individuals, businesses, not-for profits and other legal entities to create, electronically sign, send for siganture, and manage legal contracts using forms from a series of form libraries provided by Quickly Legal. These forms were drafted by licensed attorneys. Quickly Legal offers a free plan offering access to a library of contracts suitable for freelancers, and paid subscriptions offering access to libraries of contracts suitable for small businesses, startups, and other entities.
- Quickly Legal is Not a Law Firm And Does Not Provide Legal Advice.
Quickly Legal provides a platform for legal information and self-help ("Legal Information") for your private use. Legal Information is not legal advice. We do not review any information you provide us or include in contracts for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your contracts or the forms you use, or apply the law to the specific facts of your situation. If you need legal advice for a specific problem, you should consult with a licensed attorney. Quickly Legal and Legal Information is not a substitute for legal advice from a qualified attorney licensed to practice in the relevant jurisdiction.
Your use of our services does not create an attorney-client relationship between you and Quickly Legal or any o four employees or agents. If you are not otherwise represented by an attorney, you represent yourself in any legal matter you undertake when you use our services.
- Free Trials, Paid Accounts and Renewals.
Quickly Legal sometimes offers free trials for new customers. You do not need to provide a valid credit card to start a free trial. When the free trial expires, we will automatically place you on the free plan unless you choose a paid plan and provide us with a valid credit card. You are responsible to maintain current and accurate credit card information on file with Braintree, our merchant payment provider, in order to ensure uninterrupted service.
By entering into a paid plan subscription, you agree to pay the recurring monthly fees associated with such plan. You can cancel or change your plan at any time. Unless you notify us before the renewal date of your auto-renewing paid plan that you wish to cancel or downgrade, your paid subscription will automatically renew for the subsequent month. If we are unable to charge your credit card for any reason, we reserve the right to suspend your paid plan until you we are able to successfully charge your credit card.
- Ownership and Preservation of Your Contracts.
Quickly Legal does not own or claim to own any contracts or documents you create or upload and store using our services ("Documents"). You grant us permission to use your Documents in order to provide services to you.
You understand and acknowlege that your actions, including those you take outside of quicklylegal.com or our mobile apps, can affect the terms and legal status of contracts you have created using Quickly Legal. For example, if you and another party sign an agreement through quicklylegal.com or our mobile app and later exchange outside of our site or mobile apps, additional written documents or emails modifying the terms of that agreement, then through your emails you may have amended your agreement in ways that the copy of the agreement on quicklylegal.com does not account for.
You understand and acknowledge that deleting a contract from quicklylegal.com does not terminate or otherwise affect the status of that contract and if the contract has already been signed by all parties, the other signatories will continue to have a fully signed copy of that contract.
You understand and acknowlege that deleting a pending contract from quicklylegal.com does not revoke the offer you have made to the other party or parties to sign that contract. To actually revoke your offer, you must notify the other party that the offer is revoked before they accept it. We give you a way to revoke each contract that has not already been signed by all parties.
You understand and acknowlege that removing our mobile app(s) from your devices or otherwise deactivating your quicklylegal.com account does not terminate or affect the legal status of contracty to which you are party to or those you have sent through quicklylegal.com.
You acknowledge and agree that we may preserve the Documents and may disclose them if required to do so by law or in our good faith belief that preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms of Service; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of Quickly Legal, its users and the public. You understand that the technical processing and transmission of the service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that we have no responsibility or liability for deleting or failing to store any content maintained or uploaded to quicklylegal.com.
- Our Forms May Change.
You understand and acknowledge that we may change our contract forms without prior notice to you. Such changes will affect future agreements only, and will not change the language of agreements for which you have already created a draft or those that have already been signed.
- Consent to Receive Communications and Notices.
When you create an account on quicklylegal.com, you agree that we may send you communications including but not limited to, system emails, newsletters, special offers, as well as account reminders and updates. You also understand and agree that you can remove yourself from these communications by modifying your notification preferences on your Settings page.
- We Grant You A Limited License.
Assuming you comply with all terms in this Terms of Service, we grant you a a non-exclusive, limited, non-transferable, revocable license to use the services as we intend for the services to be used on quicklylegal.com and via our mobile apps. The license term begins with your first use of quicklylegal.com or our mobile apps and shall continue until the earlier of termination or until your account is deactivated. We also grant you a licensed to keep, for your own business or personal records, electronic or physical copies of documents you created on quicklylegal.com or via our mobile apps. You may not copy the content of our forms or contracts for use or sale outside of quicklylegal.com or our mobile apps. Any resale or redistribution of our materials requires our express, written consent.
- Validity of Electronic Signatures.
Quickly Legal enables you to send and receive legal agreements containing valid electronic signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA), as adopted by individual states. Quickly Legal does not authenticate the signatures or identities of users.
- Intellectual Property Rights.
We retain all right, title and interest in and to our products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not directly or indirectly through others: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or (iii) circumvent or disable any security or technological features of our products and services. The design, text, graphics and selection and arrangement of the site and services, together with the legal forms, documents, FAQs and all other content found on quicklylegal.com or via our mobile apps ("QL Content") are copyright by Startup Foundry, LLC, all rights reserved.
QuicklyLegal, along with names or slogans displayed on our site, are trademarks of Startup Foundry, LLC. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of quicklylegal.com is the service mark, trademark and/or trade dress of Startup Foundry, LLC and you may not copy, imitate or use it, in whole or in part, without our prior written consent. All goodwill generated from the use of our trademarks is reserved for our use, exclusively.
- Acceptable Use Of quicklylegal.com and our Mobile Apps
You agree that you will use quicklylegal.com and our apps only for lawful purposes and in a lawful manner. You agree that you will not:
- register under a false name or use an invalid or unauthorized email or physical address;
- create a false identity, represent yourself as someone else, or sign, without lawful authorization, an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices;
- use another person's account without permission;
- use quicklylegal.com or the mobile apps if you are not able to form legally binding contracts or are under the age of 18;
- use an invalid or unauthorized payment method;
- violate any laws, third party rights, or our rights;
- circumvent or manipulate our fee structure, the billing process, or fees owed to us;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- distribute viruses or any other technologies that may harm us, or the interests or property of our users;
- copy, modify, or distribute content from quicklylegal.com, our mobile apps and/or our copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
quicklylegal.com contains robot exclusion headers. Much of the information on quicklylegal.com is updated on a real-time basis and is proprietary to us, our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access quicklylegal.com for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to us) from quicklylegal.com without our prior express written permission and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of quicklylegal.com or any activities conducted on quicklylegal.com; or (d) bypass any measures we may use to prevent or restrict access to quicklylegal.com. Startup Foundry, LLC grants the operators of public search engines permission to use spiders to copy public facing materials from quicklylegal.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
We may report fraudulent conduct to law enforcement, and we will cooperate with law enforcement to ensure that violators are prosecuted to the fullest extent of the law.
- Copyright and DMCA.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on our website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with our Designated Copyright Agent: Startup Foundry, LLC/Quickly Legal Attn: Legal Department 311 N. Aberdeen Street, Chicago, IL 60607 Email: firstname.lastname@example.org
- Links and Third Party Sites.
You may find on quicklylegal.com and in our mobile apps, links to other sites. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on quicklylegal.com or in our mobile apps does not imply that we endorse the linked site. You use the links at your own risk and expressly relieve us from any and all liability arising from your use of any third-party website.
- Disclaimer of Representations and Liability.
The information, software, products, and services we provide through quicklylegal.com and our mobile apps may include inaccuracies or typographical errors. We may improve or change our services at any time. Your use of our Services is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, STARTUP FOUNDRY, LLC AND ITS AFFILIATES AND AGENTS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA OUR WEBSITE OR MOBILE APPS SHOULD NOT BE RELIED UPON FOR LEGAL DECISIONS AND YOU SHOULD CONSULT A LICENSED ATTORNEY FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS. OPERATION OF THE SITE MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU RECEIVE FROM US OR THROUGH THE USE OF OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STARTUP FOUNDRY LLC, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE WERE WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. STARTUP FOUNDRY LLC'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF (a) $100 OR (b) THE AMOUNT PAID BY YOU TO QUICKLY LEGAL FOR THE 3 MONTHS PRECEEDING THE ACTION GIVING RISE TO YOUR CLAIM FOR LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU
- Indemnity and Release.
You agree to release, indemnify and hold us and our agents and affiliates, together with our and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the servicesm your violation of these Terms or your violation of any rights of another person or entity. You agree that unless we expressly entered into a contract with you and fully executed that contract, we are not a party to any contract between you and another parties or other parties. Each user must look solely to the other parties with whom they contract for enforcement and performance of all the rights and obligations pursuant to the contract(s) the users entered into with each other on quicklylegal.com and/or via our mobile apps, and any other terms, conditions, representations, or warranties associated with such transactions.
If you have a dispute with another user, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You hereby waive California Civil Code §1542 (and any analogous law in any other applicable jurisdiction), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You further acknowledge that this waiver is an essential and material term of this agreement, and that without such waiver, we would not have entered into this Agreement.
You will not hold us liable to you or any other user for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill or reputation, even if advised of the possibility of such damages.
This Site is controlled and offered by us from facilities in the United States of America. We make no representations that the Site is appropriate or available for use in other jurisdictions. Those who access or use the Site from other jurisdictions do so as their own choice and are solely responsible to comply with local law.
- Dispute Resolution By Binding Arbitration and Class Action Waiver.
As a condition to your use of the services, and subjects to any exceptions below, you and we mutually agree to resolve all dispute through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written entries, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.
Any notice of arbitration you send to us should be addressed to Startup Foundry, LLC/Quickly Legal, 311 N. Aberdeen Street, Chicago, IL 60607, Attention: Legal Department. We will send notices to you to your address as set forth in our records of your account on quicklylegal.com or such other legal address we are able to identify.
You understand and acknowledge that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't permitted.
Notwithstanding our agreement to arbitrate our disputes, the following exceptions will apply to the resolution of disputes between us:
We may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the services without first engaging in arbitration or the informal dispute-resolution process described above.
We may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
If our agreement is found to be inapplicable or unenforceable for any reason, then you agree that as a condition to your use of the Services, any resulting judicial proceedings will be brought in the federal or state courts of Chicago, Illinois, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts in Chicago, Illinois.
We may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled "Modifications" below. You may reject any changes made by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address: Startup Foundry, LLC/Quickly Legal, 311 N. Aberdeen Street, Chicago, IL 60607, Attention: Legal Department.
- Controlling Law.
This Agreement is governed in all respects by the laws of the State of Illinois without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against us must be resolved by a court located in Cook County, Illinois, or as described in the Arbitration paragraph above. You hereby submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes. ANY CAUSE OF ACTION YOU MAY HAVE AGAINST US OR OUR AGENTS, AFFILIATES, OFFICERS, EMPLOYEES, OR DIRECTORS MUST BE COMMENCED WITHIN 30 DAYS AFTER IT ARISES, OR THE CAUSE OF ACTION IS BARRED.
- Entire Agreement.
- Waiver, Severability and Assignment.
Our failure to enforce a provision is not a waiver of our right to enforce the same or a different provision later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the services.
- Reservation of Rights.
We retain the right, but do not have an obligation, in our sole and absolute discretion, to immediately prevent or restrict access to quicklylegal.com, our mobile apps or to our services, or take any other action in case of technical problems, objectionable material, inaccuracies, unlawful content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.
We do not endorse any user submitted content to the Site, or any opinion, recommendation, or advice expressed by users. We expressly disclaim any and all liability in connection with content submitted by users.
We may revise these Terms from time to time. We will always post the most current version on our site and tell you the last time the Terms were updated. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the services after the revisions come into effect, you agree to be bound by the revised Terms. If you have any questions or concerns, please visit our Support page or Contact Us at any time.