1. I understand and agree that MKD is not a law firm or an attorney, and MKD may not perform services as an attorney, and its virtual forms or templates are not a substitute for the advice or services of an attorney. Rather, I am representing myself in this legal matter. No attorney-client relationship or privilege is created with MKD.
   
   
2. If, prior to my purchase, I believe that MKD gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.
   
   
3. I understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to me in the event of a dispute as described in the MKD Arbitration Agreement, contained in Paragraph 16 of these Terms of Service.
   
   
4. I UNDERSTAND THAT MKD WILL NOT REVIEW ANY OF MY ANSWERS, WITH REVIEW LIMITED TO FILING OUT OF THE QUESTIONAIRE BOXES. I WILL REVIEW THE FINAL DOCUMENT FOR, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
   
   
5. Accuracy of Information and Third-Party Consent - To the best of my knowledge, I have provided accurate information to MKD and have obtained all third-party consents required for my order.
   
   
6. Electronic Records and Signatures - I give MKD consent to affix my electronic signature where required to file my documents. I understand I may withdraw my consent, provided my documents have not already been filed, by contacting via the application on the contact us button.
   
   
7. Non-English-Speaking Customers - I understand that certain materials on the MKD site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided, ON REQUEST, for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
   
   
8. Limitation of Liability and Indemnification - EXCEPT AS PROHIBITED BY LAW, I WILL HOLD MKD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MKDHAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MKD, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
   
   
9. Terms of Use - I understand that the Site's general terms of use (the "Terms of Use") also apply to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and agree to those Terms of Use, which are incorporated herein by reference.
   
   
10. Additional MKD Terms - I understand that my purchase may be subject to additional terms and conditions. I understand that MKD’S Registered Agent Services, may be subject to the Supplemental Terms of Service for Registered Agent Services, with legal plans subject to the terms of use, and subscriptions and third-party services may be subject to Supplemental Terms of Service for Subscriptions and Third-Party Services. If applicable, I acknowledge that I have read and agree to the supplemental terms, which are incorporated herein by reference.
    
    
11. Third Party Services - If I purchased a product that involves third party services, I understand that I may be required to accept additional terms located on the third party’s site. The third party may contact me by email and/or phone with instructions on how to access my benefits. MKD HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD-PARTY SERVICES. MKD IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD-PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF MKD AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE MKD SITE.
    
    
12. Future Products and Services - If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
    
    
13. Abandoned Orders - My purchase allows me to create my own virtual legal documents. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain credit for any undelivered, UNCOMPLETED order after 365 days have elapsed from the purchase date unless MKD is at fault.
    
    
14. Exchanges - I understand that all purchases are final and no documents may be exchanged.
    
    
15. Suspended Accounts - If MKD encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that MKD, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that MKD disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside MKD, including me or any authorized contact, until the investigation is complete. Additionally, I understand that MKD, in its sole discretion, may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that MKD will not be liable for any delays caused by these policies and procedures.
    
    
16. DISPUTE RESOLUTION BY BINDING ARBITRATION Please read this carefully. It affects your rights. Summary: Most customer concerns can be resolved quickly and to the customer's satisfaction by CONTACTING MKD. In the unlikely event that MKD is unable to resolve your complaint to your satisfaction (or if MKD has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. The arbitrator shall apply the same limitations period that would apply in court. You may speak with independent counsel before using this Site or completing any purchase.
    
    Arbitration Agreement:
    
    
    (a) MyKeyDocs and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
    • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
    • claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
    • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
    • claims that may arise after the termination of these Terms.
    For the purposes of this Arbitration Agreement, references to "MyKeyDocs," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and MKD are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
    
    (b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to MKD should be addressed to: Notice of Dispute, General Counsel, MyKeyDocs, LLC., 301 Mission Ave #205, Oceanside, CA. 92054 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If MKD and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MKD may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by MKD or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or MKD is entitled. You may download or copy a form to initiate arbitration from the American Arbitration Association ("the AAA") website at www.adr.org.
    
    (c) After MKD receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you ONE HALF for your payment of the filing fee. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association, as modified by these Terms, for all claims under $75,000 and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to MKD may be found online. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless MKD and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which MKD was a party. Except as otherwise provided for herein, MKD will pay 50% all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse MKDfor all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
    
    (d) For claims under $75,000, if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of MKD's last written settlement offer made before an arbitrator was selected, then MKD will:
    • pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater; and
    • pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the "attorney's payment").
    If MKD did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of MKD’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before MKD’s settlement offer.
    
    (e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs.
    
    (f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND MKD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and MKD agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
    
    (g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
    
    (h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.



17. Installment Plans are not available. Payments are to be made in full. Disputed Charges - I understand that if I dispute a charge to my credit card, I should contact MKD VIA THE CONTACT US BUTTON and MKD will investigate the matter. Account Information - I agree to notify MKD immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason. I understand that if my failure to provide MKD with accurate, complete, and current information results in delinquent payments, MKD may restrict my ability to purchase other MKD products, report information about this delinquency to
    
    
18. Filing Fees, OTHER FEES - MKD is not responsible for any filing fees or other fees associated with any documents you complete with MKD. Notary fees are not included in your purchase of MKD documents.
    
    
19. Virtual Legal Documents - If you have purchased a Virtual Legal Document from MKD, the following provisions apply to you:
    
    
20. (a) License - MKD grants you a nonexclusive, nontransferable worldwide right to use the legal form(s) you have purchased. This license allows you to access, download, use, and edit the legal form(s) you have purchased for your personal use. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the legal form(s); or (ii) modify, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting the legal form(s) or its source code, except for modifications to the forms for your personal use. All rights not expressly granted to you are reserved by MKD and its licensors.
    
    (b) No Guarantee - MKD does not guarantee that any Legal Form provided is suitable for a particular purpose, or that any Legal Form provided is accurate, reliable, complete or timely. The Legal Forms provided are for information purposes only, and should not be relied upon as legal advice.
    
    
21. Delivery - I understand that MKD primary method of delivery for documents is through its virtual storage on MKD’s Application. An account will be open year from the purchase of any MKD VLDOC, otherwise MKD will offer storage for MKD document for a fee of $2.99 per year. This fee will be credited against any subsequent purchases of an MKD product within the same year. For products delivered electronically, I am notified on the application via email and notification. I understand that I may access my VLDOCS by logging in to My Account ON THE APPLICATION.
    
    
22. Reviews - After your purchase, you may receive an email survey request from MKD. You may also write a review on the Site. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.
    
    
23. Text messages and SMS Programs- SMS and/or other standard text messaging rates may apply. MKD is not responsible for these fees. MKD, at its sole discretion, may offer the following SMS/text message-based programs.
    
    
24. MKD Member Alerts: When available, you may opt-in to receive SMS/text messages by providing your phone number during the process of purchasing a product from MKD. In some instances, we may also provide you the opportunity to opt-in post-purchase through digital advertisements or emails. By opting in, you will receive messages regarding the status of your order and assistance with accessing the products you have purchased. The number of messages you will receive will vary depending on the steps needed to complete your order. MKD App Invitation: When available, you may opt-in to receive SMS/text messages when you purchase a participating product from MKD. We may provide you the opportunity to opt-in through a post-purchase webpage or through digital advertisement. By opting in, you will receive a message providing you with a link to download a MKD application onto your mobile phone. This will be the MKD is not responsible for delayed or undelivered messages.
    
    
25. Access to World Wide Web; Internet Delays - To use MKD services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain MKD services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that MKD is not responsible for delays, delivery failures, or other damage resulting from such problems.
    
    
26. Force Majeure - MKD shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, MKD may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
    
    
27. Right to refuse- acknowledge that MKD reserves the right to refuse service to anyone.
    
    
28. I acknowledge that MKD is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq. MyKeyDocs, LLC is located at 301 Mission Ave #205, Oceanside, Ca 92054.
    
    
29. I acknowledge that I have had the opportunity to view sample templates of MKD documents and may contact MKD with questions or for assistance completing forms via contact us.
    
    
30. I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these Terms of Service.
    
    

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APPLICATION.

By using MyKeyDocs (hereafter sometimes referred to as MKD) application or application plug-ins ("Applications") and any associated Site, you agree to follow and be bound by these terms of use (the "Terms of Use/Service") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer, Site visitor, or Application user, "we", "us" and "our" refer to MyKeyDocs, LLC and "Services" refers to all services provided by us. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use/Service unacceptable or if you do not agree to these Terms of Use, please do not use this Applications or any associated site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us immediately. YOU AGREE THAT BY USING THE APPLICATIONS, ANY ASSOCIATED SITE, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Please also refer to the MyKeyDocs Terms of Service and Privacy Policy, each of which is incorporated herein by reference. MyKeyDocs provides an virtual online legal portal to give visitors a basic understanding of the law to ascertain the needed documents, and to provide an automated software solution to individuals who choose to prepare their own legal documents. Customer need not download or even license MyKeyDoc’s software. MyKeyDocs hosts its MKD application/storage as a backend service for customers when they create their own documents. The Application includes general information on commonly encountered legal issues. MKD obtains information from you to complete your documents but does not review your answers for reasonableness, logic, completeness, spelling, and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. MKD is not a law firm and may not perform services performed by an attorney. MKD, its Services, and its forms or templates are not a substitute for the advice or services of an attorney IF ONE IS NEEDED.

MKD strives to keep its legal documents of the highest quality, intuitive as to what needs to be included, accurate, current and up-to-date. However, because the law changes rapidly, MKD cannot guarantee that all of the information on the Site or Applications is completely current. The law 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 or legal tool like the kind MKD provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

This Site and Applications are not intended to create any attorney-client relationship, and your use of MKD does not and will not create an attorney-client relationship between you and MKD. Instead, you are and will be representing yourself in any legal matter you undertake through MKD’s legal document service.