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
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
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
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
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.
Password and Account Security.
Registration. You may create your own account on the Site by completing the
registration and membership processes on the Site, and you must do so if you
to make a purchase. In doing so, you must provide us with accurate and
registration information, and update it if this information changes. It is
keep the email address associated with your account current because although
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.
by reference into this TOS.
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.
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
email@example.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.
Sales Tax. If you purchase any products or services (Products) available on the
Site, you may be responsible for paying any applicable sales tax.
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.
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.
Security. We employ measures designed to ensure the security of the Site, but, as
provided below, make no guarantees in this regard.
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
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.
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
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.
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.
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.
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,
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).
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.
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.
Prior to arbitrating any dispute, you must first contact us in writing at firstname.lastname@example.org,
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
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.
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.
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.
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.
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
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.
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.
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.