Website Terms and Conditions of Use
By accessing the Setup Express Website (the “Website”, you acknowledge that you have read and are agreeing to be bound by these Website Terms and Conditions of Use (“Terms and Conditions”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You acknowledge that you are not a minor. If you do not agree with any of these terms and conditions as set forth herein, you are prohibited from using or accessing the Website. The materials contained in this Website are protected by applicable copyright and trademark law.
NOT LEGAL ADVICE
Copyright 2014 Setup Express, LLC (“Setup Express”) provides information, do-it-yourself forms and software only. This Website is not a "lawyer referral service" and Setup Express does not provide or participate in any legal representation of any user. Please refer to section 3(b) and 3(c) for more information disclaiming the attorney-client relationship between you and Setup Express. Use of Setup Express.com is subject to our Terms and Conditions.
2. Use License
- Except as otherwise expressly stated, all copyrights, trademarks, patents, product names, graphics, logos, images, and other intellectual property rights used in connection with the Website belong to Setup Express or it respective owners.
- Permission is granted to temporarily download one copy of the forms and materials (information or software) on Setup Express's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify, edit, copy, reproduce, create derivative works of, alter, exploit, or enhance any forms or materials, except as expressly permitted by Setup Express;
- Use the forms or materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on Setup Express's Website;
- Remove any copyright or other proprietary notations from the forms or materials; or
- Transfer the forms or materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of the Terms and Conditions and may be terminated by Setup Express at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded forms or materials in your possession whether in electronic or printed format, except copies of any business filings you purchased.
- Setup Express is not selling you a business opportunity. Setup Express makes no representations or warranties that by using Setup Express’s products, forms and services, that you will earn any revenues through any business you set up. Setup Express is not soliciting you to enter into a new business. Setup Express is not providing you a location for your business, lead generation, training, or other customer-finding related activities beyond general consulting (if applicable to your purchase) or providing a buy-back of products or services you sell through your business.
- Setup Express attempts to keep all information on the Setup Express Website current and up to date. Notwithstanding, the forms and materials on Setup Express's Website are provided "as is". Setup Express makes no representations or warranties, expressed or implied, and hereby disclaims and negates all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Setup Express does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the forms or materials on its Internet Website or otherwise relating to such forms or materials or on any sites linked to this site.
- SetupExpress.com provides an internet-based portal to give its users general information about certain aspects of the law and to provide a “do-it-yourself” solution to users who choose to prepare their own business and estate planning documents. No attorney-client relationship is intended to be created through your use of this Site and the services provided and Setup Express expressly disclaims the same. You agree that you represent yourself with respect to any aspect of your use of this Site and the services provided by Setup Express. We do not provide you with legal advice, legal opinions, legal recommendations or any other personal legal assistance. We do not analyze any facts you provide to apply the law to your personal circumstances. We do not review the information you provide for legal sufficiency.
- Setup Express and its Services are not substitutes for an attorney licensed in your state. Setup Express, LLC is not a law firm and it does not perform services performed by an attorney. The information on this site is general in nature and not to be construed to fit your particular circumstances. Setup Express endeavors to provide accurate and up-to-date Services. Due to the ever-changing nature of the law, we cannot and do not represent, warrant, or guarantee that the information on the Site and the services, forms and materials provided are correct or current. Setup Express cannot predict how courts will interpret the law in your state. IF YOU NEED LEGAL ADVICE WITH RESPECT TO THE SERVICES, FORMS, OR OTHER MATERIALS PROVIDED BY SETUP EXPRESS, CONTACT AN ATTORNEY LICENSED IN YOUR STATE.
- Setup Express disclaims any ownership, responsibility, or liability for any content posted by you or any third party. Setup Express reserves the right to remove any content from you or a third party that pose a threat to the operation of the Website or to the privacy of other users of the Website. You are solely responsible for any content you provide to the Website. You agree that you will not submit any content that:
- You know to be incorrect, false, or misleading;
- You know infringes upon the copyright, trademark, or other proprietary rights of another person or entity;
- Is discriminating or unlawful;
- Is advertisement or spam or for which you received any consideration from any third party;
- Contains malware, virus, adware, worms, or other harmful program that could potentially damage Setup Express’s or its user’s programs or files;
- Otherwise violates these Terms and Conditions in any manner.
You agree to comply with all copyright, trademark and other laws protecting the intellectual property rights of others. You agree to notify Setup Express of any evidence you have that your intellectual property rights or the rights of a third party have been infringed.
4. Third Party Products and Services.
This Website and the materials provided herein may contain hyperlinks to products and services offered by third parties through their websites. Setup Express is not responsible for the products and services offered by such websites controlled by third parties. Setup Express expressly disclaims any guarantee, representation or warranty of any kind regarding the products and services offered by such websites controlled by third parties.
In no event shall Setup Express or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Setup Express's Website, even if Setup Express or a Setup Express authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Revisions and Errata
The materials appearing on Setup Express's Website could include technical, typographical, or photographic errors. Some of the forms and materials are provided by state government agencies. Setup Express does not warrant that any of the forms or materials on its Website are accurate, complete, or current. Setup Express may make changes to the materials contained on its Website at any time without notice. Setup Express does not, however, make any commitment to update the materials.
Setup Express has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Setup Express of the site. Use of any such linked web site is at the user's own risk.
8. Site Terms and Conditions Modifications
Setup Express may revise these terms and Conditions for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
9. Limitation of Liability and Indemnification.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Setup Express, its officers, directors, employees, representatives, and agents for any and all consequential, punitive, special or incidental damages that you may suffer (including all costs of litigation and attorney’s fees), whether or not such claims arise through contract or tort or violation of law, in conjunction with your use of the Website and any and all products purchased therefrom. Except as prohibited by law, the maximum damages you shall be entitled to are the amounts paid to Setup Express for any products, forms, or services provided by Setup Express.
10. Governing Law; Jurisdiction; Venue; Attorney’s fees
Any claim relating to Setup Express's Website shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You agree to that any claim or dispute with Setup Express must be litigated in Salt Lake County, State of Utah and you submit to personal jurisdiction of the State of Utah. The prevailing party in any dispute shall be entitled to its reasonable attorney’s fees.
WAIVER OF RIGHT TO JURY TRIAL
- YOU AND Setup Express EACH HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ITS RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE IT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ANY OF THE AGREEMENTS DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT:
- NO REPRESENTATIVE,AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE SUCH WAIVER;
- IT UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF SUCH WAIVER;
- IT MAKES SUCH WAIVER VOLUNTARILY, AND;
- IT HAS BEEN INDUCED TO ENTER THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVER AND CERTIFICATIONS CONTAINED IN THIS SECTION.
EACH HAS REVIEWED OR HAD THE OPPORTUNITY TO REVIEW THIS WAIVER WITH ITS RESPECTIVE LEGAL COUNSEL, AND THAT IT KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH SUCH LEGAL COUNSEL. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT. IF THE SUBJECT MATTER OF ANY LAWSUIT IS ONE IN WHICH THE WAIVER OF JURY TRIAL IS PROHIBITED, NO PARTY TO THIS AGREEMENT SHALL PRESENT AS A NON-COMPULSORY COUNTERCLAIM IN ANY SUCH LAWSUIT ANY CLAIM BASED ON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHERMORE, NO PARTY TO THIS AGREEMENT SHALL SEEK TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL CANNOT BE WAIVED.
11. Right to Refuse Service.
Setup Express reserves the right to refuse service to you or any other user at any time and to cancel user access at any time.