Terms of Use

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

By using this website, you specifically agree to be bound by these terms of use, our privacy policy, and our legal disclaimer. If you do not agree to be bound by the foregoing, discontinue using this website.

This website and the materials contained herein have been prepared by Open Access Law Firm, PLLC, or representatives thereof, for general informational purposes only. Information contained on this website does not constitute legal, accounting, tax, career or other professional advice of any kind. Open Access Law Firm, PLLC, attorneys are licensed to practice law in the state of Arkansas. Open Access Law Firm, PLLC does not intend to advertise or solicit businesses in jurisdictions in which its attorneys are not licensed to practice law.

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

This website allows users to send electronic mail communications to our attorneys. However, no attorney-client relationship is created by the transmission of information to, or receipt of information by, the Open Access Law Firm, PLLC. Any information sent to the Firm through electronic mail communications will not be treated as confidential unless an attorney-client relationship exists. Accordingly, confidential information should not be sent to Open Access Law Firm, PLLC without first contacting the Firm and establishing an attorney-client relationship OR by using the site’s online intake portal. Note that there is no attorney-client relationship formed simply by using the site’s online intake portal. The Open Access Law Firm, PLLC, will contact you and request a signature (or other electronic agreement) to form an attorney-client relationship.

This website is not a substitute for retaining competent legal counsel. You should not act or refrain from acting on the information provided on this website without first seeking the advice of competent legal counsel in the state in which you may require legal services.

The entire contents of this site are copyright © 2016 Open Access Law Firm, PLLC. In addition, certain articles or releases contained on this website are reprinted with permission as indicated therein.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use then please do not use this Site or any Applications. 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 at contact@openaccesslawfirm.com.

Please also refer to the Open Access Privacy Policy, which is incorporated herein by reference.

SELF-SERVICE USERS
Open Access provides an online portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own legal documents. Open Access hosts its software with a third party vendor as a backend service for customers when they create their own documents. The Site includes general information on commonly encountered legal issues. Unless you and Open Access Law Firm, PLLC enter into a formal attorney-client relationship then Open Access Law Firm, PLLC DOES NOT review your answers nor 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.

The self-service options facilitated by the Open Access Site and its services are not substitutes for the advice of an attorney. These self-service options produces sample forms to be used by Arkansans choosing to represent themselves as “pro se” litigants or utilize other do-it-yourself legal documents. The forms, legal information and any statements of law contained in this document, on our websites or in any other communication with the receiver are not intended to be used as legal advice. Use of Open Access documents, websites, automated technology or any other service provides by Open Access does not constitute, in any manner, an attorney-client relationship between Open Access and the receiver.

Open Access strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Open Access cannot guarantee that all of the information on the Site, its applications or automated documents 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 Open Access provides can fit every circumstance. Furthermore, the legal information contained on the Site, its applications or automated documents 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 resources, you should request a consultation with Open Access Law Firm, PLLC, or another licensed Arkansas attorney in your area.

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

1. Privacy Policy. Open Access respects your privacy and permits you to control the treatment of your personal information. A complete statement of Open Access’s current Privacy Policy can be found by clicking here. Open Access’s Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site, Applications, or automated document technology, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify Open Access immediately of any unauthorized use of your account, user name or password. Open Access shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Open Access, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

In connection with the use of certain Open Access products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. You grant Open Access the use of this information solely for the purpose of enabling your use of the applicable service and for any needed contact between you and Open Access.

2. Ownership. This Site, its applications and automated documents are owned and operated by Open Access. All right, title and interest in and to the materials provided on this Site, its applications and automated documents, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Open Access or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Open Access, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site, its applications and automated documents shall be construed to confer any license under any of Open Access’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Contact Information” below if you have any questions about obtaining such licenses. Any rights not expressly granted herein are reserved by Open Access.

3. Limited Permission to Download. Open Access hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site, its applications and automated documents may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

4. Links to Third Party Sites. This Site, its applications and automated documents may contain links to websites controlled by parties other than Open Access (each a “Third Party Site”). Open Access may also provide links to other citations or resources with whom it is not affiliated. Open Access is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Open Access makes no guarantees about the content or quality of the products or services provided by such sites. Open Access is not responsible for webcasting or any other form of transmission received from any Third Party Site. Open Access is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Open Access of the Third Party Site, nor does it imply that Open Access sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Open Access is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

5. Use of Open Access Legal Forms. On our Site, through our applications, and through our automated documents, we offer self-help “fill in the blank” forms. If you buy or download a form on our Site then the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

License to Use
Open Access grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

Resale of Forms Prohibited
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Open Access.

6. DISPUTE RESOLUTION BY BINDING ARBITRATION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Open Access at contact@openaccesslawfirm.com. In the unlikely event that Open Access is unable to resolve your complaint to your satisfaction (or if Open Access 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.

7. Additional Terms. Some Open Access Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

8. NO WARRANTY. THE SITE, APPLICATIONS, AUTOMATED DOCUMENT TECHNOLOGY, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OPEN ACCESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

OPEN ACCESS MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE, APPLICATIONS, OR AUTOMATED DOCUMENT TECHNOLOGY IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. OPEN ACCESS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

9. LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU WILL HOLD OPEN ACCESS 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 OPEN ACCESS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF OPEN ACCESS, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE OPEN ACCESS ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 6 OF THESE TERMS OF USE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME.

10. UNSOLICITED SUBMISSIONS. Except as may be required in connection with your use of Open Access Services, Open Access does not want you to submit confidential or proprietary information to us through this Site, any applications or automated document technology EXCEPT for the Online INTAKE requesting representation. All non-client comments, feedback, information or material submitted to Open Access through or in association with this Site shall be considered non-confidential and Open Access’s property. By providing such submissions to Open Access you hereby assign to Open Access, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Open Access shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content. All client communications will be considered confidential.

11. Compliance with Intellectual Property Laws. When accessing Open Access or using the Open Access legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Open Access user account.

Open Access has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Open Access or of a third party or that violate intellectual property rights generally. Open Access’s policy is to remove such infringing content or materials and investigate such allegations immediately.
12. INAPPROPRIATE CONTENT. When accessing the Site, any Applications, or using Open Access’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Open Access reserves the right to terminate or delete such material from its servers. Open Access will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

13. COMPLIANCE WITH EXPORT RESTRICTIONS. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product there from is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

14. PERSONAL USE. The site is made available for your personal use on your own behalf.

15. CHILDREN. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

16. GOVERNING LAW; VENUE. By using this Site or any Applications, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Arkansas, excluding its choice of law rules.

17. COPYRIGHTS. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Open Access. ALL RIGHTS RESERVED.

18. TRADEMARKS. Open Access, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Open Access. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

19. ACKNOWLEDGEMENT. BY USING OPEN ACCESS’S SERVICES OR ACCESSING THE OPEN ACCESS SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

LAST UPDATED: January 17, 2016