Terms and Conditions of Use

Terms and Conditions

Agreement between you the user and PleadFast, our subsidiaries, employees, agents, assigns, successors, and the like (“Us”). These Terms and Conditions are an agreement (“Agreement”) between you and us regarding your use of the information, software, products, and services including but not limited to those called WillDrafter Pro, MyLivingWill, MyMedAuth, QuitClaimPro, MyPOA, and/or MyHealthProxy (herein after referred to “Apps”) contained in or available through the Android Market, Google Play, Blackberry store, iTunes, Amazon.com, any and all stores which sell or otherwise distribute Apps, or websites owned by or controlled by PleadFast.  The aforementioned Apps are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Apps constitutes your agreement to all such terms, conditions, and notices.

PleadFast is not a law firm. PleadFast does not practice law and none of the employees are acting as your attorney by or arising out of your use of the Apps. Use of the Apps does not create an attorney-client relationship, and no attorney-client relationship will ever be created by your use of the Apps. You agree that by downloading the Apps, you are acting as your own representative. You further agree that the Apps solely provide a legal document service. Use of the Apps is not a substitute for the advice of a lawyer, and you are encouraged to seek advice of a lawyer for legal opinion and advice. 

The legal information provided within the App(s), on pleadfast.com or any other website or app within our control is not legal advice and is not warranted or guaranteed to be correct. Laws may change rapidly and we cannot guarantee that the information provided is current or accurate. Laws also vary from state to state, city to city and jurisdiction to jurisdiction. It is also subject to interpretation by various courts, including inconsistent interpretations within particular states. The law may be a personal matter, with particular circumstances calling for particular legal needs. If you need legal advice for a particular legal matter, or your specific legal matter is too complex or particular to be handled by our Apps or information provided, you should consult with an attorney in your area immediately.

We are not a lawyer referral service. We provide a medium for self help, collaboration and legal information. Any directories provided are for informational purposes only and do not constitute an endorsement or approval of any listed attorney. Before retaining an attorney, you should ask for written materials regarding their experience and knowledge for your particular matter. You should also request a detailed fee agreement listing all fees, expenses and obligations. There is no legal relationship whatsoever between you and us.

If you opt for a subscription service provided by us, you hereby agree that your subscription will automatically renew and you authorize us to collect the then applicable subscription fee using any valid payment source we have on record for you. In the event payment is not timely made, we reserve the right to terminate or otherwise suspend your subscription service. Your subscription fees are non-refundable.

By using WillDrafter Pro, MyLivingWill, MyMedAuth, QuitClaimPro, MyPOA, and/or MyHealthProxy and/or any other app  or program, or download provided by or through PleadFast, you, your assigns, heirs, representatives, agents, and/or any other person or entity acting on your behalf, whether directly or indirectly, hereby agree to hold PleadFast, its owners, agents, employees, backers, distributors, agents, attorneys, and/or representative(s) harmless from any and all claims or damages, whether foreseeable or not foreseeable, that may arise in any way from the use of any of its products or services, whether purchased directly or used in any way. Should anyone use these products or services, but not be the purchaser, their remedy shall be limited to recourse against the purchaser only. You further agree not to bring any legal claim against PleadFast, its owners, agents, employees, backers, distributors, agents, attorneys, and/or representative(s) harmless from any and all claims or damages, whether foreseeable or not foreseeable that may arise in any way from the use of any of its products or services, whether purchased directly or used in any way.

By using WillDrafter Pro, MyLivingWill, MyMedAuth, QuitClaimPro, MyPOA, and/or MyHealthProxy and/or any other app or program, or download provided by or through PleadFast, you, your assigns, heirs, representatives, agents, and/or any other person or entity acting on your behalf, whether directly or indirectly, hereby agree that the aforementioned Apps are not intended to offer, nor substitute for, legal advice. Specific circumstances may require the advice and/or assistance of an attorney. Should you have any specific legal questions, you are encouraged to immediately seek the advice of an attorney. Certain legal situations have time limitations which may otherwise bar your claim forever if a legal claim is not timely brought.

 PleadFast makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the their Apps for any purpose. All such information, software, products, services and related graphics are provided “as is”; without warranty of any kind. PleadFast hereby disclaims all warranties and conditions with regard to such information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, and title.

In no event shall PleadFast be liable for any direct, indirect, punitive, consequential, special, inconsequential, incidental, or any other damages whatsoever, including, without limitations, loss of use, loss of data, loss of profits, estate disputes, disagreements, or other damages arising out of or in any way connected with the use or performance of the Apps, or any other service or products offered by PleadFast, or from any information software, product, service or related graphics obtained through the Apps, or any site owned by or controlled by PleadFast. This shall include any and all claims or damages based on contract, tort, negligence, strict liability, statute, or otherwise, even if PleadFast has been placed on notice of the possibility of said claims. Should your jurisdiction not allow for the exclusion of any of the above named damages, said limitation may not apply to you, however all other damages and claims disclaimed still apply. Should your jurisdiction not allow the above limitations, you hereby agree that your damages are limited to the amount of your purchase price you paid for the service(s) and/or product(s).

Since the products, services and/or Apps sold by PleadFast are software, and because this software is provided to the customer with access immediately upon completion of the transaction and/or download, no returns can or will be given and no refunds will be granted under any circumstance. The Purchaser of any products, services and/or Apps sold by PleadFast understands and agrees that all products, services and/or Apps sold by PleadFast and/or downloads are considered final purchases for which absolutely no refunds will be given or provided, regardless of the nature of the request.

This is a license agreement and not an agreement for sale. PleadFast reserves ownership of all intellectual property rights inherent in or relating to the Apps, which include, but are not limited to, all copyright, patent rights, all rights in relation to registered and unregistered trademarks (including service marks), confidential information (including trade secrets and know-how) and all rights other than those expressly granted by this Agreement.

Subject to the payment of the fee required for this License, which consists of your download fee, charge to your iTunes account, Amazon App Store, Google Play account, Android Market account, credit card, debit card, cash, Paypal account, use of a free or other download code, or action which allowed the App(s) to be viewable on your mobile device, electronic device, or computer, and subject to the terms and conditions of this Agreement, PleadFast grants to you a revocable, non-transferable and non-exclusive license (i) for you to upload, download and otherwise allow installation of the App on any mobile device, workstation and/or computer one time, and to use said App one time only. Should you wish to use said App(s) more than one time, each time will require an additional purchase for the full amount, unless otherwise agreed. This license is not sublicensable except as explicitly set forth herein.

You may market the Apps in any applications, website or medium in accordance with this Agreement, subject to regulations and rules provided by each mobile device company, app store or provider. You are responsible for complying with all such rules and regulations. You must not remove, obscure or interfere with any copyright, acknowledgment, attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the App(s).

Notwithstanding anything to the contrary herein, PleadFast may also, but has no duty to, immediately suspend or terminate your service, terminate your access and password, remove your service from PleadFast servers, or remove any of your consent within the service, if PleadFast concludes, in its sole discretion, that you (a) have breached, violated or acted inconsistently with the letter or spirit of this Agreement, including violation of any applicable PleadFast policy or any applicable law or regulation; (b) have provided false information as part of your account information, (c) are engaged in fraudulent or illegal activities, including the unlicensed practice of law; or (d) are engaged in activities that may damage the rights or reputation of PleadFast or others (each is independently hereinafter referred to and included without limitation as “Termination for Cause”). Any Termination For Cause by PleadFast will take effect immediately, and you expressly agree that you will not have any opportunity to cure. This Agreement and your right to use the App(s) will terminate as set forth herein if you fail to comply with the terms and conditions provided in this Agreement. Upon termination, you agree to immediately cease using and delete the App(s), including all accompanying documents and data which is not exclusively created by you, from your mobile device, computer, electronically stored account, Amazon app store, App Store, iTunes account, Google Play account, or other app store account.

You agree that a printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form and otherwise kept in the normal and ordinary course of our business. It is the express desire of the parties that this agreement and all related documents have been drawn up in English.

Nothing contained herein shall constitute this arrangement between you and PleadFast to be employment, a joint venture, or a partnership. You shall be solely responsible for and shall hold PleadFast harmless for any and all claims for taxes, fees, or costs, including but not limited to withholding, income tax, FICA, and workers’ compensation.

You agree not to copy any of the content or materials contained within the App(s) without express written permission or authority from the contact person provided herein who is to receive any and all notices. Any such copying shall be considered theft of our services, and will be reported to the appropriate authorities. Your use of the App(s), documents, instructions, guides, manuals, website(s), and other information provided by us constitutes your acceptance of these terms and your agreement not to resell or benefit commercially from such information or content without our express written consent.

To the extent our App(s) or website(s) link to any other third party websites or other websites not under our control, you agree that we are not responsible for any of the content of said websites, any transmission from said websites, or any damage as a result of your use of said websites, whether intentional or unintentional, consequential, or remote. Any third party website linked to by us is merely for convenience and does not imply or constitute an endorsement in any way, nor is it intended to imply that we are affiliated or associated with or legally authorized to use such trade names, trademarks, logos, seals or symbols.

Free trials are subject to the same terms and conditions contained herein.

You agree not to undertake or otherwise to perform any obligation of PleadFast, whether by regulation or contract. In no way is PleadFast to be construed as the agent or to be acting as the agent of you in any respect, any other provisions of this Agreement notwithstanding.

Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, or government sanction.

You agree that PleadFast may mark any promotional material, or any medium containing the App(s), document created by, within or as a result of your use of said App(s), link(s) to the App(s), screen shot(s) of the App(s), or description or mention of the App(s), with the notation “PleadFast (www.pleadfast.com)”, or in a substantially similar form.

Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party at the addresses listed below mailed by certified, registered or express mail, return receipt requested or by Federal Express. No other means shall constitute proper or effectuated notice. Either party may change its address to which notice or payment is to be sent by written notice to the other party.

You hereby agree that all communications regarding this Agreement, or arising out of the use, either directly or indirectly, of the App(s) and/or to PleadFast shall be made to:

Jason Turchin, Owner

c/o PleadFast

2883 Executive Park Drive

Suite 103-A

Weston, FL 33331

 

You agree that no materials, ideas or other properties furnished by you and utilized by PleadFast will violate or infringe upon any common law or statutory right of any person, firm, corporation, including without limitation contractual rights, copyrights and rights of privacy and/or publicity.  You shall be solely responsible for providing all copyright notices and other legal notices in connection with the App(s).

You shall hold PleadFast harmless and hereby agree to indemnify PleadFast for all costs, losses, damages and expenses (including reasonable attorneys’ fees) arising out of any breach or failure of any warranties or representations made by you in this agreement.

This agreement may not be amended unless a designated officer of PleadFast has approved and signed such an amendment in writing.  If any provision of this agreement is held invalid, the remainder of this Agreement will continue in full force and effect. This Agreement sets forth the entire understanding of the parties hereto relating to the subject matter hereof and supersedes all oral and written prior and contemporaneous negotiations, understandings and discussions. No modification, amendment, waiver, termination or discharge of this agreement or any of its terms or provisions shall be binding upon either party if not confirmed by a written instrument signed by PleadFast unless otherwise provided for herein.

No waiver by either party of any part hereof shall be deemed as a waiver of any other part hereof. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement. The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

PleadFast may assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of you.  PleadFast reserves the right to assign any and/or all parts of this agreement and/or this project to subcontractors, successors, heirs, and any other party PleadFast chooses at PleadFast’s sole and exclusive discretion.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. Our rights under the Terms and Conditions are freely transferable by us. Any failure by us to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver of that provision or right. Any rights not expressly granted herein are reserved. 

We may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, postings on our website, or other reasonable means now known or hereafter developed. 

This agreement is governed by the laws of the United States and the State of Florida, without reference to conflict of laws principles.  Any dispute between you and PleadFast regarding this agreement, or any of the aforementioned Apps, intellectual property, software and/or services will be subject to the exclusive venue of the State and Federal courts in Miami-Dade County, Florida. It is expressly agreed that this Agreement is being entered into in Florida, regardless of the principal location, residence or domicile of you. Your sole remedy for any cause of action against PleadFast shall be an action at law for money damages, if any. You hereby waive any right to injunctive or other equitable relief in connection with any breach or alleged breach of this agreement, or arising out of your use, whether direct or indirect.

THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Contacting PleadFast:

For volume discounts and subscription services, direct all SALES questions and comments to PleadFast Sales at (888) 952-9277.

Please direct all SUPPORT questions to support@pleadfast.com. Support requests are only handled via email.