TERMS OF SERVICE

BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TOS”). IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE. YOU MUST READ AND ACCEPT THIS TOS BEFORE USING ANY SERVICE OR PRODUCT PROVIDED BY FORMSLIBRARY. THESE TOS CONTAIN AN ARBITRATION PROVISION AND WAIVER OF CLASSWIDE PROCEEDINGS WHICH MAY BE ENFORCED BY THE PARTIES.

This TOS is a legally binding agreement made by and between UpFocus LLC (“we,” “us,” or “FormsLibrary”) and you, personally and, if applicable, on behalf of the entity for whom you are using this Site (collectively, you). This TOS governs your use of formslibrary.com, any other affiliated website, and any other online communications and affiliated interfaces (collectively, the “Site”) and the services we offer on the Site (“Services”).

1. Your Acceptance of the TOS. This TOS is a contract between you and FormsLibrary. You accept this contract when you (a) use or attempt to use the Site; (b) use or attempt to use the Services; and/or (c) otherwise sign any contract for the Services with us via other means. If you do not accept this Agreement, then you must not do any of these things.
2. Using The Site.
   • Offers Void Where Prohibited. All offers on our Site or otherwise are void where prohibited by any applicable law or regulation.
   • Eligibility. Except as expressly provided below, the Site may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use the Site without the supervision of a parent or legal guardian. Your use of the Site will be deemed to be a representation that you are 18 years of age or older or are using the Site with the permission of your parent or guardian. You agree to provide true, accurate, complete information about yourself as prompted by the Site's registration form. The Site is meant for use by individuals residing within the United States only; others may not use the Site at this time.
   • Permission for Future Contact. Where required by law, we will seek your consent prior to sending you any marketing materials. To the extent allowed by law, the provision of your email and phone number to us constitutes your prior express written consent, and electronic signature, authorizing us to contact you at that email address and phone number, including through the possible use of an automatic telephone dialing system or artificial or prerecorded voice, live calls, and text messages, for both promotional and informational reasons. You agree that we may assign this consent to third parties and affiliates. You are not required to provide such consent in order to make a purchase as you can always contact us directly to arrange an alternate purchase method. By providing your telephone number to us, you certify that this is your own number that you own, and not a line owned or used by another, and that you will immediately notify us if your number changes or is reassigned. You agree to indemnify us if this is not the case and if the future owner or user of the number makes a claim against us for contact at that number. You may opt out of such contact at any time and through any of the reasonable methods outlined in our Privacy Policy.
   • License and Restrictions. Subject to the terms and conditions of this TOS, you are hereby granted a limited, non-exclusive, non-transferable right to use the content and materials on our Site in the normal course of your use of the Site. We will retain ownership of our intellectual property rights and you will not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, transmit, or sublicense any materials or content available on the Site, except as expressly set forth in this TOS.
   • Prohibited Conduct. In your use of the Site, you may not: (i) infringe any patent,trademark, trade secret, copyright, right of publicity, or other right of any party; (ii) disrupt or interfere with the security or use of the Site or any websites linked to the Site; (iii) interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (v) obtain or attempt to obtain unauthorized access to the Site; (vi) engage, directly or indirectly, in transmission of spam, chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users or the Site without their or our express written consent; (viii) submit false or misleading information to us; (ix) violate any law, rule, or regulation; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Site; or (xi) assist or encourage any third party in engaging in any activity prohibited by this TOS.
3. Password and Account Security.
   • Registration. You may create your own account on the Site by completing the online registration and membership processes on the Site, and you must do so if you would like to make a purchase. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is important to keep the email address associated with your account current because although you may be able to log into your Site account using an old email address, you will not be able to receive messages from us about your account or other matters.
   • Accounts and Passwords. We will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may have been used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. We reserve the right to suspend or terminate your use of the Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site.
4. Privacy Policy. You agree to the terms of our Privacy Policy, which is incorporated by reference into this TOS.
5. Accuracy of Information. We attempt to ensure that the information on the Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Site.
6. Cancellation Provisions. If you determine that you do not wish to use the Services, then you are permitted to cancel by contacting our billing department in writing at support@formslibrary.com. You will remain liable for any unpaid fees, purchases or charges incurred prior to your cancellation. If we are unable to bill the membership fee due hereunder to your designated billing source, we shall have the right to terminate this Agreement in which event you will no longer have access to any of the Services. In addition, we may elect in our sole discretion to keep this TOS in effect, but suspend your access to all of the Services, until such time, if any, as we are able to bill the fee due hereunder to your designated billing source. No exception to these cancellation provisions will be made except as required by law.
7. Sales Tax. If you purchase any products or services (Products) available on the Site, you may be responsible for paying any applicable sales tax.
8. Refund Policy. If you are not 100% satisfied or feel there has been a billing error, please email us at support@formslibrary .com and we will refund you before 30 days. We will respond to your email within 24 hours. If you are still not satisfied, you may request a refund for up to 30 days after signing up for any service offered on the Site, inclusive of any free trial period. You will not be entitled to a refund if you cancel after 30 days from the date you sign up, inclusive of any free trial period.
9. Fraud. We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
10. Security. We employ measures designed to ensure the security of the Site, but, as provided below, make no guarantees in this regard.
11. Intellectual Property Rights.
    • Copyright. All materials on the Site, including without limitation, the logos, design, text,graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors. You may not use such materials without permission. ALL RIGHTS RESERVED.
    • Trademarks. Formslibrary.com is a trade name we own and the related design marks and other trademarks on the Site are owned by us including, but not limited to, page headers, custom graphics, button icons, logos, and scripts. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
12. Third-Party Services. We may use third parties to provide certain services accessible through the Site and may provide links to third-party Sites. We do not control those third parties, their services, or their Sites. We will not be liable to you in any way for your use of such services or Sites. Some forms on the Site may be provided by a third party and may be subject to the terms and conditions of such third party. Third parties may have their own terms of use and other policies.
13. Comments. All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title, and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
14. Indemnification. To the extent allowed by law, you agree to hold us and our employees, representatives, agents, vendors, doctor networks and fulfillers, attorneys, affiliates, directors, officers, managers and shareholders (the Indemnified Parties) harmless from any damage, loss, cost or expense (including without limitation, attorney’s fees and costs) incurred in connection with any third-party claim, demand or action (Claim) brought or asserted against any of the Indemnified Parties arising from, related to, or connected with your use of the Site and/or in association with any purchases you make from us. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.
15. Non-Disparagement. You shall not make or encourage others to make any statement or release any information that is intended to, or reasonably could be foreseen to, embarrass, criticize, damage or adversely affect us, our customers, owners, officers, directors, personnel, agents, representatives or affiliates. (A statement or release of any information under this paragraph includes, but is not limited to, posting on Internet websites, bulletin boards, blogs, or discussion groups, and submissions to any publication.) Due to the difficulty of ascertaining the pecuniary amount of damages caused by any violation of this section, for each violation of this section, you shall pay liquidated damages in an amount not less than ten times the initial and annual fees for all Services to which you have subscribed or will subscribe in the future. You agree that this is a reasonable estimate of harm to us.
16. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
    • DISCLAIMER OF WARRANTIES. WE PROVIDE THE SITE ON AN AS IS AND AS AVAILABLE BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS USE, AND/OR ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
    • SERVICES. FORMSLIBRARY MAKES NO GUARANTEES REGARDING THE EFFECTIVENESS OR ACCURACY OF THE DOCUMENTS CREATED, SUBMITTED, OR USED IN THIS SITE.
    • EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANYTHIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
    • LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCT(S).
17. Domestic Use; Export Restriction. We control the Site from our offices within the United States of America. We make no representation that the Site or its content (including, without limitation, any products or services available on or through the Site) are appropriate or available for use in other locations. The United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Site may be downloaded in violation of United States law.
18. Force Majeure. We will not be liable for failing to perform under this TOS because of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster, or war.
19. Arbitration.
    • Prior to arbitrating any dispute, you must first contact us in writing at support@formslibrary.com, so that we can work to resolve the dispute. In the event that we cannot resolve a dispute within sixty (60) days of notification, you do not respond to our efforts to contact you, or you fail to engage in good-faith settlement discussions with us, then the following procedures shall apply.
    • All disputes arising out of or relating to this TOS (including its formation, performance or alleged breach), your use of the Site and/or any purchases you make from us will be exclusively resolved under confidential binding arbitration held in accordance with the Rules of the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court. Any in-person appearances requested shall be held in Clark County, Nevada. The arbitrator's decision shall be based upon the substantive laws of the State of Nevada without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality.
    • The parties are each responsible for their own respective costs relating to counsel,experts, and witnesses, as well as any other costs relating to the Arbitration. The filing party will cover any arbitration administrative or filing fees if successful.
    • In the event that you wish not to be bound by the arbitration obligations of this TOS, you may opt out of those obligations by notifying us in email within 30 days of the date that you first use the Site.Your notice must be emailed to support@formslibrary .com. State your name, address, and account number and provide a clear statement that you do not wish to resolve disputes with us through arbitration. If you choose to opt out of this arbitration provision, it will have no adverse effect delivery of Services to you by us.
20. WAIVER OF CLASS ACTION/TRIAL BY JURY. BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY. TO THE EXTENT ALLOWED BY LAW, WE EACH IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING BETWEEN THE PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR SELLERS SERVICES OR PRODUCTS.
21. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site, must be scheduled for arbitration pursuant to this TOS within one calendar year after such claim or cause of action arises, or forever be barred.
22. Changes to the Site. We may, in our sole discretion, change, modify, suspend, make improvements to, or discontinue any aspect of the Site, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so.
23. Termination.
    • We will have the right to terminate your access to the Site if we reasonably believe you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Site and we may, in our discretion, cancel any outstanding Product Orders. If your access to the Site is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Site.
    • We may, without notice, suspend or terminate any Service at any time for any reason, including but not limited to: (a) your breach or suspected breach of this Agreement; (b) your use or suspected use of the Services in any manner inconsistent with this Agreement or our policies; (c) you're providing false, inaccurate, dated, or unverifiable identification information, credit information, or other data in connection with your purchase or use of the Services; (d) your insolvency or bankruptcy; (e) your interference with seller's operations; or (f) if we believe the action protects its interests or its customers interests.
24. Integration. This TOS contains the entire understanding between you and us regarding the use of the Site, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto.
25. Additional Terms. This TOS will be binding upon each party hereto and its successors and permitted assigns. This TOS and all of your rights and obligations under them are not assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TOS AT ANY TIME.YOUR CONTINUED USE OF THE SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE SITE. WE WILL ACT IN GOOD FAITH TO UPDATE YOU ABOUT CHANGES TO THESE TOS EITHER VIA EMAIL OR BY CONSPICUOUS POSTING ON THE SITE.