Last Updated August 30, 2024
Legal Directives, LLC (“Legal Directives LLC”, “we”, “us”, “our” or “Company”) provides online document storage and delivery solutions. These Terms of Service (“Terms”) include our Privacy Policy and Disclaimer and outline the rules and expectations that apply to you and Legal Directives LLC and govern your access to and use of the website and other online services provided by Legal Directives LLC (collectively, our “Services”). Our goal is to keep them simple and easy to understand. If there’s something you’re not sure about, please reach out to us at support@legaldirectives.com. Please read these Terms carefully as they constitute a legally binding agreement between you and Legal Directives LLC.
BY USING THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS; (2) YOU ARE OF LEGAL AGE AND HAVE LEGAL CAPACITY TO FORM A BINDING CONTRACT WITH US; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
Use of ServicesYou are permitted to use the Services to (a) store legal healthcare documents including but not limited to living will, HIPAA authorization, healthcare powers of attorney, and advance healthcare directives (collectively, “Healthcare Directives”), (b) list emergency contact information, including physician information, and (c) list allergies and medical conditions designed to allow emergency medical personnel better assist you in the case of an emergency.
Legal Directives does not provide legal advice. Legal Directives does not guarantee the legality of the healthcare directives uploaded to member's accounts. Always seek advice from qualified advisors, and read and understand all documents carefully.
EligibilityYou represent and warrant that you: (a) are at least 18 years old; (b) have full capacity, power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party; (c) are a US citizen or lawful permanent resident and are not a citizen or resident of any country to which the United States has embargoed goods or services; (e) have not been identified as a “Specially Designated National” by the Office of Foreign Assets Control; (f) have not been placed on the U.S. Commerce Department’s Denied Persons List;
Your AccountYou agree to provide accurate account and other information and promptly update this information if it changes. You certify that the information supplied to Legal Directives, LLC is correct and that the documents are your current health care legal documents. You agree to maintain the security of your account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your authorization. You agree to immediately notify Legal Directives, LLC, in writing, in the event of your revocation of the stored documents or of any information contained in your account or your desire to terminate this service. You agree to safeguard your wallet card from unauthorized access. You understand that anyone who gains access to your card can use it to gain access to your documents and information and you will not hold Legal Directives, LLC responsible for such unauthorized access. You are responsible for all activities that occur regarding your account credentials or otherwise under your account.
Electronic communicationBy using our Services, you (a) agree that all communications from us relating to Services may be provided or made available to you electronically by email, and/or on our mobile applications or websites and (b) consent to receive emails, and other electronic communications from us. These communications may include notices about your account (e.g., renewal notices and other transactional information), as well as communications provided as part of the Services or for marketing purposes, and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You further agree that checking or clicking a box, clicking “accept” or “agree” (or another similar word) on our website, or responding via telephone keypress constitutes your signature and will have the same binding effect as a physical wet signature.
DisclaimersTHE SERVICES ARE PROVIDED BY LEGAL DIRECTIVES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LEGAL DIRECTIVES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LEGAL DIRECTIVES SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LEGAL DIRECTIVES SERVICES IS AT YOUR SOLE RISK.
Limitation of liabilityIN NO EVENT SHALL (I) WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, AND (II) OUR LIABILITY FOR ANY AND ALL CLAIMS BROUGHT OR DAMAGES INCURRED BY YOU OR ANY THIRD PARTIES SHALL NOT EXCEED, IN THE AGGREGATE, THE FEES PAID BY YOU TO US DURING THE LAST YEAR PRIOR TO THE DATE SUCH CAUSE OF ACTION ARISES.
YOU ACKNOWLEDGE THAT (I) THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE REASONABLE AND THAT THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN YOU AND US, AND (II) WE AND YOU HAVE RELIED UPON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO AUTHORIZE YOU TO USE THE SERVICES. THE REMEDIES PROVIDED TO YOU IN THE TERMS ARE EXCLUSIVE. The Terms and your use of the services will be governed by North Carolina Law except for its conflict of laws principles. Some states may not allow for these limitations of liability. If you live in one of these states, these limits don’t apply to you, and the maximum liability for any of these violations will be $100.00 in the aggregate for any and all claims. If a provision of the Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect, and we will substitute a replacement enforceable term reflecting our intent as closely as possible. Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Legal Directives LLC will not have the right to assert the claim.
ReleaseTo the fullest extent permitted by applicable law, you release Legal Directives LLC and the other Legal Directives LLC Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. To the extent you are a California resident, you expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Changes to these TermsWe may make changes to these Terms from time to time. If we make changes, we will provide you notice by posting the amended Terms to our Services and updating the “Last Updated” date above. The amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
Membership RenewalAt the end of your account term, if your account is not renewed, your right to access or use our Services will end and we will close your account, permanently delete your account information and uploaded documents. We are not responsible for any loss or harm related to your inability to access or use our Services. Renewal options are available to you inside of your membership portal. For questions about renewals you can contact our support team at support@legaldirectives.com If you signed up for your Legal Directives Membership through a third party and are not billed directly for renewals by us, then the billing terms provided by the third party will apply to your membership.
Refund PolicyMembership fees are non-refundable and therefore Legal Directives does not offer refunds on memberships that are cancelled prior to the expiration of the membership term.
SeverabilityIf any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
MiscellaneousThese Terms constitute the entire agreement between you and Legal Directives LLC relating to your access to and use of our Services. The failure of Legal Directives LLC to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Privacy PolicyThis Privacy Policy is incorporated into our Terms & Conditions, and therefore governs your use of the Site. By using the Site, you accept the terms of this Privacy Policy.
Collection of Information
You provide us with certain personal information ("Personally Identifiable Information") when you create a Legal Directives Membership and access and use the Site. Personally Identifiable Information includes but is not limited to: (i) contact information (such as your name, address, city, state, zip code, phone number, and email address); (ii) financial information (such as your credit card number, expiration date, and verification code or bank account information); (iii) demographic information (such as your zip code, age and sex); and (iv) other information.
Use and Sharing of Information
We will not sell, trade or rent your name or Personally Identifiable Information to anyone else. Legal Directives will not release your Personally Identifiable Information to government authorities unless required by law.
We will use Personally Identifiable Information in order to provide you with the services you request, such as delivering healthcare directives, completing transactions and/or communicating back to you. We may collect the information of third-party individuals as necessary, such as to ask our members to indicate individuals such as Emergency Contacts. Legal Directives uses this information for the sole purpose of administering its services for our members, does not use such information for any other reason, and holds such information strictly confidential.
Advertising
We partner with third party ad networks, such as Google Adwords, to advertise. These ad networks use cookies and other web technology to collect non-personally identifiable information about your activities on this and other Internet sites to provide you targeted advertising based upon your interests. We do not have access or control over these technologies. We do not tie the information gathered to you or your Personally Identifiable Information. Legal Directives may use the standard cookie feature of major browser applications and third-party providers, including Google Analytics features.If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by undertaking the appropriate process outlined by the ad providers.
Email Communications
As a member of Legal Directives, we will send you informational emails and newsletters from time to time. You can opt-out of these communications by using the "Unsubscribe" link and following the unsubscribe instructions.
Governing LawThe laws of the State of North Carolina shall govern this Legal Statement.