TERMS OF USE

 

Hispanic-Latino Legal Resource, LLC, doing business as VelozLegal, provides: (1) VelozLegal.com; (2) the VelozLegal mobile app; and (3) all site- and app-related services and content (these three or any part thereof referred to hereinafter as the “Site”) subject to these terms and conditions. By using the Site, you agree to be bound by these terms and conditions (hereinafter, “Agreement”). It is your responsibility to review this Agreement periodically. If at any time you do not agree to abide by this Agreement, you may not use the Site, and you must immediately terminate all access and use of the Site, and any continued use or access without such agreement is unauthorized. This Agreement mandates arbitration as the method for dispute resolution, deprives you of your right to a jury trial, deprives you of any right you may have to pursue a class action, and otherwise limits your legal rights.

 

1. ABOUT THE SITE

 

The Site provides legal information and software solutions for those who make a conscious decision to prepare their own legal documents. The Site also provides potential access to lawyers who are seeking clients. VelozLegal is not a law firm and cannot provide services that a lawyer provides. VelozLegal does not offer legal representation. VelozLegal does not offer any legal advice, legal opinions, or counseling. Except in referring users to legal professionals, VelozLegal does not apply the law to the facts of your situation.

 

Lawyers with whom you may be brought into contact through VelozLegal are not the employees or agents of VelozLegal. No attorney-client relationship exists or may be created between you and VelozLegal. Any communication on or through the Site may not be held confidential.

 

EXCEPT TO THE EXTENT THAT MAY BE REQUIRED BY LAW AND ANY APPLICABLE RULES OF PROFESSIONAL CONDUCT RELATED TO VELOZLEGAL'S REFERRAL OF LEGAL SERVICES, AT NO POINT MAY VELOZLEGAL BE HELD LIABLE FOR THE ACTIONS OR OMISSIONS OF ANY LAWYER INTRODUCED TO YOU THROUGH VELOZLEGAL. While VelozLegal uses reasonable efforts to confirm that Lawyers who are found on or through the Site are licensed attorneys, TO THE FULL EXTENT PERMITTED BY LAW, AND EXCEPTING ANY DUTIES RELATED TO THE REFERRAL OF LEGAL PROFESSIONALS THAT MAY ARISE THROUGH APPLICABLE RULES OF PROFESSIONAL CONDUCT THAT ARE BINDING ON VELOZLEGAL, VELOZLEGAL DOES NOT MAKE ANY WARRANTY, GUARANTEE OR REPRESENTATION AS TO THE LEGAL ABILITY, COMPETENCE, QUALITY OR QUALIFICATIONS OF ANY LAWYER. VELOZLEGAL CANNOT WARRANT OR GUARANTEE THAT LAWYERS FOUND THROUGH ITS SITE HAVE PROFESSIONAL LIABILITY INSURANCE. YOU SHOULD RESEARCH ANY LAWYER YOU FIND THROUGH VELOZLEGAL BEFORE ACCEPTING PROFESSIONAL ADVICE.

 

ANY USE OR RELIANCE ON SITE CONTENT INCLUDING SELF-HELP FORMS IS SOLELY AT YOUR OWN RISK.

 

2. CONDITIONS ON WHICH USE OF SITE IS ALLOWED

 

You must be at least 18 years old to use the Site. If you are under 18 years old, you are ineligible to use the Site. You represent and warrant that you have the authority and are of legal competence to bind yourself to this Agreement. You may need to create an account to use the Site. You must provide accurate, complete, and current registration information when you register for an account.

 

You consent to receive communications from VelozLegal in an electronic form via the email address you have submitted or via the Site. You agree that all revisions to this Agreement, agreements, notices, disclosures, and other communications that VelozLegal provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This section does not affect any non-waivable rights.

 

VelozLegal may contact you during business hours at any telephone number you submit to VelozLegal even if such telephone number appears on any state or federal do not call lists.

 

3. YOUR USE OF THE SITE

 

In exchange for your use of the Site, you agree to comply with all applicable laws, including applicable copyright, trademark, and other intellectual property laws, in addition to this Agreement. You agree that We own all intellectual property rights in and to the content and services offered on the Site regardless of whether those rights are registered. You further agree not to resell, reproduce, modify, create derivative works from or publish any information found on the Site. “Information” shall include any information or content featured, displayed, created, or ascertainable on or through the Site, including without limitation text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. You may use Site Information only as necessary for your personal, informational, non-commercial use. You agree not to use this site or its legal forms for the benefit of or use by third parties. This Agreement and corresponding use of the Site is for the sole benefit of the parties hereto and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement.

 

You further agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict the use or copying of any content or enforce limitations on use of the Site or the content therein, including with bots, crawlers, spiders, data miners, scraping or other automatic tools. You are responsible for all usage and activity on the Site made via your account, and you will contact Us immediately at info@velozlegal.com if you suspect your account has been breached or used without your authorization. You may not at any time use an account that is not your own.

 

Site content and services are provided for informational purposes only, with no assurance that they are true, correct, appropriate, current, or accurate. Site content and services are not a substitute for professional legal advice. You should not delay or forego seeking legal advice or disregard professional legal advice based on the Site’s content or services. Any delay in seeking legal advice could result in loss of any claims you may have.

 

Communications made by you through email or the Site’s messaging system will not constitute legal notice to VelozLegal or any of our officers, employees, agents or representatives in any situation where notice to VelozLegal is required by contract or any law or regulation.

 

4. SUBSCRIPTIONS

 

Payment and subscription options for using the Site vary. These options can be found on the Site and may change from time to time. Once your initial subscription payment is processed, if applicable, your subscription has begun, and you can immediately access the relevant services.

 

4.1. Automatic Renewals of Subscriptions. Subscriptions automatically renew, except for a la carte purchases. This means that once you become a subscribing member, your subscription will automatically renew at the end of your subscription term. You will be charged the rate stated at the time of purchase (plus applicable taxes) at the beginning of each billing term of your subscription via the billing method you have provided to Us. Please ensure that your billing information is correct to prevent your subscription from lapsing.

 

Prices and terms for subscriptions may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, but new prices and terms may apply to renewals or new subscriptions. VelozLegal will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your subscription under these new prices or terms, you may cancel your subscription as described below.

 

4.2. Cancellations and Refunds. You may cancel your subscription by contacting Us by phone or email. You may also cancel your subscription your account page on the Site. All refunds will be credited to the billing method associated with your account. Subscriptions may be cancelled during the first three (3) days for a full refund, so long as you have not downloaded any forms from Velozlegal. If you have downloaded forms from VelozLegal prior to cancelling your subscription during this three-day cancellation period, you will be charged for each form as though you had made an a la carte purchase of said form. These charges will accordingly be deducted from your refund. If these charges exceed your refund, then you will receive no refund, and you will not be charged any amount in addition to the amount initially paid for your now-cancelled subscription order. If you cancel your subscription after the first three (3) days, you will not receive a refund, but you will retain access to the relevant services for the remainder of your subscription period, after which your subscription will be cancelled. If you do not cancel your subscription within your subscription period, We will renew your subscription for an additional term equivalent in length to your current subscription. Please be aware that, except as set forth herein, refunds are not granted based on account usage.

 

 

5. TERMINATION OR SUSPENSION OF YOUR ACCOUNT

 

 

We may limit, terminate, or suspend your access to the Site without a refund if you breach or act inconsistently with these Terms or other site policies or terms. In such a case, you will not be entitled to a refund of subscription. Such termination will likewise terminate this Agreement. Upon termination of this Agreement, whether for the foregoing reasons, or for any other reason, you agree to destroy all materials obtained from the Site, all copies thereof, and all materials based thereon. All applicable provisions of this Agreement will survive its termination.

 

6. MODIFICATION OF THIS AGREEMENT

 

VelozLegal has the right to modify this Agreement at any time, including to reflect changes to the law or changes to our Site and its services and content. Such material changes will not apply retroactively. Your continued use of the Site after a change to this Agreement will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Site and, if applicable, cancel your subscription.

 

7. DISCLAIMER OF WARRANTY

 

EXCEPT AS MAY BE EXPRESSLY SET OUT IN THESE TERMS: WE PROVIDE THE SITE AND ITS SERVICES AND CONTENT TO YOU ON AN “AS-IS” BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; WE DO NOT MAKE ANY PROMISES (A) ABOUT THE SITE CONTENT, (B) ABOUT THE SPECIFIC FUNCTIONALITY OF ANY OF THE SITE’S SERVICES, (C) ABOUT THE QUALITY, ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SITE CONTENT OR SERVICES,  (D) THAT THE SITE CONTENT OR SERVICES WILL BE AVAILABLE AT ANY TIME OR LOCATION, (E) THAT THE SITE WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE, (F) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, (G) THAT THE QUALITY OF ANY OF THE CONTENT OR SERVICES YOU RECEIVE FROM THE SITE OR FROM LAWYERS FOUND THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (H) THAT ANY OF THE TRANSLATION SERVICES ON THE SITE WILL BE ACCURATE, OR (I) THAT THE SITE CONTENT OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

 

ANY NON-ENGLISH TRANSLATIONS OF THIS AGREEMENT ARE PROVIDED FOR CONVENIENCE ONLY. IF THERE IS AMBIGUITY OR CONFLICT BETWEEN OR AMONG TRANSLATIONS, THE ENGLISH VERSION IS AUTHORITATIVE AND CONTROLS.

 

8. LIMIT OF LIABILITY

 

EXCEPT AS MAY BE EXPRESSLY SET OUT IN THESE TERMS: WE LIMIT OUR LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW; WE WILL NOT BE LIABLE FOR ANY UNINTENTIONAL DAMAGE, ANY ACTUAL, ANY ATTORNEYS’ FEES, ANY INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR FOR ANY LOSS OR CLAIM OF ANY KIND, INCLUDING FOR ANY NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW US TO HAVE A BROAD LIMIT ON OUR LIABILITY. IF YOU LIVE IN ONE OF THOSE JURISDICTIONS, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH ANY STATEMENT IN THIS AGREEMENT, YOUR SOLE REMEDY IS TO STOP USING THE SITE’S SERVICES AND, IF YOU ARE USING ANY OF OUR SUBSCRIPTION SERVICES, CANCEL YOUR SUBSCRIPTION. OUR TOTAL LIABILITY IN ANY MATTER RELATED TO THE SITE’S SERVICES AND CONTENT OR THIS AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT YOU PAID US DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

 

NOTWITHSTANDING THE FOREGOING OR ANY PROVISIONS TO THE CONTRARY IN THIS AGREEMENT, ANY DISCLAIMER OR LIMITATION OF LEGAL LIABILITY OR RIGHTS HEREIN DOES NOT AFFECT ANY RIGHTS YOU MAY HAVE: (1) RELATED TO VELOZLEGAL'S LAWYER REFERRAL SERVICES; AND (2) THAT ARISE FROM ANY APPLICABLE AND BINDING RULES OF PROFESSIONAL CONDUCT RELATED TO THE REFERRAL OF POTENTIAL CLIENTS TO LAWYERS.

 

IN NO EVENT WILL VELOZLEGAL BE LIABLE TO YOU FOR ANY LOSS OR PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE.

 

9. YOU AGREE TO INDEMNIFY US AS FOLLOWS

 

YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD VELOZLEGAL, OUR EMPLOYEES, AND OUR AGENTS HARMLESS FROM ANY CLAIMS, DAMAGES, OR OTHER EXPENSES (INCLUDING ATTORNEY’S FEES) THAT RESULT FROM YOUR USE OF THE SITE’S SERVICES OR CONTENT AND (A) YOUR VIOLATION OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANOTHER PERSON’S RIGHTS; OR (C) ANY CLAIM RELATED TO YOUR USE OF THE SITE’S SERVICES OR CONTENT, INCLUDING A CLAIM THAT YOUR USE OF THE SITE’S SERVICES OR CONTENT CAUSED DAMAGE TO ANOTHER PERSON. THIS INDEMNIFICATION OBLIGATION WILL CONTINUE AFTER YOU STOP USING THE SITE.

 

10. SERVICES PROVIDED BY OTHER PERSON OR ENTITIES

 

We may offer you the opportunity to purchase services from other entities and persons, including legal advice from lawyers and law firms. Use of those services will be subject to the terms and conditions of the companies or individuals offering the services. Any agreements between Site users and such third-party entities, including lawyers, is solely between the Site user and the third-party entity.

 

11. CONTROLLING LAW

 

If you access the Site within the United States, the laws of the State of Texas and, as applicable, those of the United States of America, govern this Agreement and your use of the Site and its content and services. All claims brought in the United States will be subject to the jurisdiction of the courts of the State of Texas. You and VelozLegal each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in Lubbock County, Texas, for any disputes between us under or arising out of these Terms of Use.

 

12. DISPUTE RESOLUTION

 

We want to keep our customers satisfied. If a dispute arises between you and VelozLegal, you agree to first try to resolve the dispute informally by contacting Us.

 

If your dispute is not resolved within 30 days after contacting us, and if you are a resident of the United States, then you and VelozLegal agree that We will resolve it through final and binding arbitration, with the following exceptions:

1.  You may assert your dispute, if it qualifies, in small claims court.

2.  Both you and VelozLegal may bring a suit in court only for a claim of infringement or other misuse of intellectual property rights. In this case, We both waive any right to a jury trial.

3.  If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against Us on your behalf.

4.  You may bring a claim seeking emergency injunctive relief based on exigent circumstances like imminent danger to the health or safety of a person, or the imminent danger of commission of a crime.

If you have a subscription and you terminate for our breach after providing Us with a 30-day cure period during which We are unable to cure, We will refund any pre-paid fees on a pro-rated basis to you.

 

Arbitration Rules: To begin an arbitration proceeding, send a certified letter, return receipt requested, to:

 

VelozLegal Litigation

c/o Bustos Law Firm, P.C.

1001 Main Street, Suite 501

Lubbock, TX 79401

 

Any arbitration will be conducted by the American Arbitration Association (AAA) under its rules and will be held in the State of Texas.

 

No Class Actions: 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.

 

Injunctive Relief: If you use the Site’s content or services in violation of this Agreement, you agree that We are entitled to any injunctive remedy or an equivalent type of urgent legal relief in the appropriate jurisdiction.

 

Waiver of Right to Jury Trial: You and VelozLegal acknowledge and agree that We are each waiving the right to a trial by jury as to all disputes that are arbitrated.

 

These dispute resolution obligations will continue after you have stopped using the Services.

 

13. INVALIDITY OF PROVISIONS.

 

If any provision of this Agreement is declared or found to be illegal, unenforceable, or void, in whole or in part, including but not limited to any provision related to arbitration, then you and VelozLegal shall be relieved of all obligations arising under such provision, but only to the extent that it is illegal, unenforceable, or void, and this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent or, if that is not possible, by substituting therefore another provision that is legal and enforceable and achieves the same or similar objectives.

 

14. WAIVER

 

Your or VelozLegal’s failure to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision, nor in any way affect the validity of this Agreement or any part thereof or any right of any person thereafter to enforce each and every provision.  No waiver of any breach of this Agreement shall be held to constitute a waiver of any other breach.

 

15. LIMITATION OF TERM OF ACTION

 

Except as state herein, you agree that any cause of action related to or arising out of your relationship with VelozLegal must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

16. NON-ASSIGNABILITY

 

VelozLegal may assign or delegate this Agreement and/or its Privacy Policy and Data Use Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Agreement the Terms of Sale, or the Privacy Policy without VelozLegal’s prior written consent, and any unauthorized assignment and delegation by you is void.

 

17. SECTION HEADINGS NON-BINDING

 

Throughout this Agreement, each section includes titles. These titles are for convenience only and have no legal force or effect.

 

18. ENTIRE AGREEMENT

 

This Agreement together with the Privacy Policy and Data Use Policy represent the complete and exclusive statement of the agreement between you and VelozLegal. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and VelozLegal relating to the subject matter of this Agreement. This Agreement may be modified only by a written amendment or signed by an authorized VelozLegal executive, or by the posting by VelozLegal of a revised version.

 

19. YOUR UNDERSTANDING OF THE AGREEMENT

 

You may speak with independent legal counsel of your own choosing before using this Site. You acknowledge that you have read this Agreement, understand this Agreement, and will be bound by these terms and conditions or that you will refrain from using the Site.