© 2018 Disputly
588 Sutter St. #134, San Francisco, CA 94102
By using the Disputly.com, Inc. website (the “Site”) or any Disputly applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms and conditions (the “Terms and Conditions”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms and Conditions, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to Disputly.com, Inc. and “Services” refers to all services provided by us.
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.
Disputly Inc. is not an attorney, law firm nor a substitute for an attorney or law firm and does not provide legal advice. You represent yourself.
This Site and Applications are not intended to create any attorney-client relationship, and your use of Disputly does not and will not create an attorney-client relationship between you and Disputly, nor between you and any Disputly employee or representative. Instead, you are and will be representing yourself in any legal matter you undertake through Disputly.
Disputly provides a platform for legal information and self-help 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. The information provided by Disputly along with the content on our website related to legal matters (“Legal Information”) is provided for your private use and does not constitute legal advice.
The Site includes general information on commonly encountered legal issues. The Disputly Services also include a review of your answers for 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.
Disputly strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Disputly 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 Disputly 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. Document Materials are not customized to your particular needs. 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.
Disputly is not responsible for the details or the outcome of your claim. It is your responsibility to make the representation on the given court date. Disputly is not responsibility for small claims statutes of limitations, case dismissal, counterclaims, or case rejections, your traveling fees (cases in other states), court clerical errors/mistakes or expenses. Please check with your state laws in regards to statutes of limitation prior filing small claims. If your statutes of limitations is near, please contact your courthouse or file directly.
Disputly does not guarantee the service of process on defendant(s). Service of process is done by third-party independent contractors who charge per attempt and who may have their own terms of service. No Refund will be applied to cases that the defendant(s) are not servable. Disputly is not an investigation firm and will not locate your defendant for you.
Disputly does not represent individuals or businesses in small claims hearing. It is your responsibility to provide a valid address and to check the status of small claims service prior to any travel arrangements/court appearance. Disputly does not have any control over court dates, calendaring of cases, or case docketing. You are responsible for trial representation, statutes of limitations, changes of dates and resets.
Agreement between User and www.disputly.com
Welcome to www.disputly.com. The www.disputly.com website (the “Site”) is comprised of various web pages operated by Disputly Inc. (“Disputly”). www.disputly.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.disputly.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.disputly.com is a Court Filing Services Site.
Disputly provides filing services for those who want to use their local court system.
You agree that the Site’s review of your answers is limited to completeness, spelling and grammar, as well as internal consistency of names, addresses and the like. You agree to read the final document(s) before signing it and agree to be solely responsible for the final document(s). You will hold the Site and their agents harmless. If there is liability found on the part of the Site, it will be limited to the amount paid for services, and under no circumstances will there be consequential or punitive damages.
You have read and agree to the following: No county clerk or governmental authority has evaluated or approved the Site’s knowledge or experience, or the quality of our services. You may obtain information regarding free or low-cost legal representation through a local bar association or legal aid foundation, and you may also contact local law enforcement, a district attorney or a legal foundation if you believe that you have been a victim of fraud, the unauthorized practice of law or any other injury. The Site is not permitted to engage in the practice of law, including providing any kind of advice, explanation, opinion or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.
Visiting www.disputly.com or sending emails to Disputly constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Disputly is not responsible for third party access to your account that results from theft or misappropriation of your account. Disputly and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under 18
Disputly does not knowingly collect, either online or offline, personal information from persons under the age of 18.
Links to Third Party Sites/Third Party Services
www.disputly.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Disputly and Disputly is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Disputly is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Disputly of the site or any association with its operators.
Certain services made available via www.disputly.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.disputly.com domain, you hereby acknowledge and consent that Disputly may share such information and data with any third party with whom Disputly has a contractual relationship to provide the requested product, service or functionality on behalf of www.disputly.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Disputly or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Disputly content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Disputly and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Disputly or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Disputly from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Disputly Content accessed through www.disputly.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Disputly, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Disputly reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Disputly in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Disputly 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 INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DISPUTLY INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DISPUTLY INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DISPUTLY INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Disputly reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Disputly as a result of this agreement or use of the Site. Disputly’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Disputly’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Disputly with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Disputly with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Disputly with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Disputly reserves the right, in its sole discretion, to change the Terms under which www.disputly.com is offered. The most current version of the Terms will supersede all previous versions. Disputly encourages you to periodically review the Terms to stay informed of our updates.
Disputly welcomes your questions or comments regarding the Terms:
588 Sutter St. #134
San Francisco, California 94108
Effective as of September 06, 2017