Terms of Use

Last update: March 21, 2024

These Terms of Use, along with all other agreements, templates, disclaimers, disclosures and other materials displayed on the Degoverned website (“Terms”) state the terms and conditions under which you may use the website located at degoverned.com, including subdomains (“Site”). By accessing or using the Site in any way, including using the data, text, reports, templates, agreements and other materials made available or enabled via the Site (“Degoverned Materials”), clicking on the “I accept” button, or browsing the Site, you agree to follow and be bound by these Terms.

These Terms govern (1) the information made available or enabled via the Site; (2) the nature of the relationship between you and Degoverned, Inc., a Delaware corporation (“Degoverned” or “we”); and (3) your use of this Site, the Degovened Materials, and related systems (collectively, “Degoverned Site”). If you do not agree to these Terms, you may not access or use the Site.

These Terms are subject to change by Degoverned in its sole discretion at any time. When changes are made, we will make a new copy of the Terms available on the Site. We will also update the “Last Updated” date at the top of the Terms.

1. No Legal or Tax Advice. The Site is an online legal portal that provides users with legal information and access to certain self-help, “fill in the blank” forms (“Forms”). The Site is not intended to constitute any specific legal, tax, or accounting advice or to be a substitute for such advice. Any opinions expressed on the Site are the opinions of the particular author and may not reflect the opinions of Degoverned or any individual attorney. Without limiting the foregoing, the Site may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to your jurisdiction. Because the Site is general in nature and may not pertain to your specific circumstances, you should not act or refrain from acting based on any Degoverned Materials without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdiction.

2. No Attorney-Client Relationship. You agree that your access and use of the Site, or your transmission of e-mails to addresses on the Site, does not create an attorney-client relationship between you and Degoverned.

3. No Attorney Advertising or Solicitation. The Site is not intended to be an advertisement or solicitation, but may be deemed an advertisement in certain jurisdictions. Under New York State Lawyer’s Code of Professional Responsibility, for example, the content of the Site might contain advertising. Prior results do not guarantee a similar outcome. Each representation has unique facts and circumstances that may impact results.

4. Ownership. You acknowledge that the Degovened Site is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media and technologies now existing or hereafter developed. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Site. You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Degoverned Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (1) any resale or commercial use of the Site or Degoverned Materials; (2) the distribution, public performance or public display of all or any portion of the Site or Degoverned Materials; (3) modifying or otherwise making any derivative uses of the Site or Degoverned Materials; (4) use of any data mining, robots or similar data gathering or extraction methods; (5) downloading (other than the page caching) of any portion of the Site or Degoverned Materials, except as expressly permitted on the Site; (6) using any automatic or manual process to harvest information from the Site or Degoverned Materials; or (7) any use of the Site or Degoverned Materials for other than its intended purpose. Unless expressly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

5. Use of Legal Forms. You understand that download or use of a Form is neither legal nor tax advice nor does it constitute the practice of law, and that each Form and any applicable instruction or guidance is not customized to your particular needs. Degoverned grants you a limited, personal, non-exclusive, non-transferable license to use Forms for your own personal internal business purposes. Except as otherwise provided and to the extent permitted under applicable law, 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. By downloading Forms, you agree that the Forms you download may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of Degoverned.

6. Limited Permission to Download. We grant you permission to download, view, copy, and print the Degoverned Materials solely for your personal, informational, non-commercial use, provided that (1) where provided, the copyright and trademark notices appearing on any Degoverned Materials not be altered or removed, (2) the Degoverned Materials are not used on any other website or in a networked computer environment, and (3) the Degoverned Materials are not modified in any way, except for authorized editing or downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the provisions of these Terms.

7. Payment. Certain aspects of the Site and Degoverned Materials may be provided for a fee or other charge. If you elect to use paid aspects of the Site and Degoverned Materials, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. Degoverned may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. If you elect to pay in cryptocurrency for the use of paid aspects of the Site and/or Degoverned Materials, you assume all cryptocurrency fluctuations risks. Specifically, if you request a refund for certain refundable services, if any, Degoverned may in its sole discretion refund you in the original payment cryptocurrency or in the currency in which the services or products were priced on the Site (e.g., USD), less all associated transaction fees. You authorize Degoverned to charge your credit card for all fees and charges incurred in connection with your use of the Site and Degoverned Materials, including Degoverned’s fees, government fees, registered agent and other third party fees. If you register with us, you may cancel your account at any time; however, there are no refunds for cancellation. If we suspend or terminate your account or these Terms, you agree that you will receive no refund or exchange for any Degoverned Materials, any unused time or service on a subscription, any license or subscription fees for any portion of the Site and Degoverned Materials, any content or data associated with your account, or for anything else. You agree to pay all charges incurred as a result of your use of credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Site and Degoverned Materials at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

8. Disclaimer of Warranties. You expressly understand and agree that to the extent permitted under applicable law, your use of the Site, including the Forms, is at your sole risk, and the Site, including the Forms, is provided on an “as is” and “as available” basis, with all faults. Degoverned and its partners, employees, and agents (collectively, the “Degoverned Parties”) expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, related to the Site, including the Forms, including but not limited to, the implied terms, warranties, or conditions of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. The Forms may be inappropriate for your particular circumstances.

9. Limitation of Liability. You understand and agree that in no event shall any of the Degoverned Parties be liable for any damages resulting from loss of use, data, or profits whether direct or indirect or for any indirect, incidental, special, exemplary, or consequential damages, arising out of or in connection with the Site. The aggregate cumulative liability of the Degoverned Parties in connection with any claim arising out of or relating to the Site shall not exceed $100, and that amount shall be in lieu of all other remedies which you may have against the Degoverned Parties.

10. Indemnification. You agree to make the Degoverned Parties whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or any violation of these Terms.

11. Acceptable Use Policy. As a condition of use, you agree not to use the Site for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party to) (1) take any action or (2) make available any content on or through the Site that: (a) infringes any patent, trademark, trade secret, copyright, right of publicity, personal data or other right of any person or entity; (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (c) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (d) involves commercial activities and/or sales without Degoverned’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including any employee or representative of Degoverned; (f) interferes with, or attempts to interfere with, the proper functioning of the Site or uses the Site in any way not expressly permitted by the Terms; or (g) attempts to engage in, or engages in, any potentially harmful acts that are directed against the Site.

12. Dispute Resolution. Any claim or dispute arising out of or related to these Terms or your use of the Site or Degoverned Materials shall be referred to and finally determined by binding and confidential arbitration in accordance with this section. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules. Notwithstanding the foregoing, Degoverned may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. You and Degoverned must abide by the following rules: (1) any claims brought by you or Degoverned must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (3) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses. The arbitral proceedings, and all pleadings and written evidence will be in the English language. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 8 of the Terms.

13. Governing Law. The Terms, and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

14. Termination. Notwithstanding any of these Terms, Degoverned reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to the Site.

15. Submissions. You acknowledge and agree that any questions, comments, suggestions, feedback, ideas or other information or materials regarding the Site (but excluding any client information) (“Feedback“) that is provided by you in the form of e-mail or other submissions to Degoverned, or any postings on the Site, are non-confidential and shall become the sole property of Degoverned. Degoverned shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

16. Confidential Information. “Confidential Information” means (a) the Degoverned Materials and information and data related to such materials, (b) your user content, including profile or transaction information, comments, questions, and other content or information “User Content”). Confidential Information shall not include information that: (i) was or becomes generally known to the public through no fault or breach of these Terms by the recipient; (ii) was rightfully in the recipient’s possession at the time of disclosure without restriction on use or disclosure; (iii) was independently developed by the recipient without use of the disclosing party’s Confidential Information; or (iv) was rightfully obtained by the recipient from a third party not under a duty of confidentiality and without restriction on use or disclosure. Information you provide to Degoverned that is not Confidential Information (as defined below) will be treated in accordance with our Privacy Policy. The recipient will use the Confidential Information of the disclosing Party solely for the purpose for which it is provided, will not disclose such Confidential Information to a third party, except on a need-to-know basis to its attorneys, auditors, consultants, and service providers who are under confidentiality obligations at least as restrictive as those contained herein, and will protect such Confidential Information from unauthorized use and disclosure to the same extent that it protects its own Confidential Information of a similar nature, but using no less than a reasonable degree of care. You expressly authorize Degoverned to use and process User Content as described in our Privacy Policy, which includes sharing User Content with individuals who are authorized to view User Content or approve or sign documents in accordance with your use of the Site and Degoverned Materials. If the recipient is required by law to disclose the disclosing party’s Confidential Information, the recipient will give the disclosing party prompt written notice before making the disclosure, unless prohibited from doing so by the legal or administrative process, and will cooperate with the disclosing party to obtain where reasonably available an order protecting the Confidential Information from public disclosure.

17. Personal Data. You consent to have your personal data collected, used, transferred to and processed subject to our Privacy Policy. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You agree that you provide your personal information and other data provided to us at your own risk.

18. Third Party Information. We may hyperlink to or otherwise make third party information available on the Site. This is done solely for the purposes of convenience. We do not endorse or approve of any such third party information or such third parties. If you decide to access linked third party sites, you do so at your own risk. You should direct any concerns regarding any third party sites to the administrator of the applicable third party site. You should also refer to the separate terms of use, privacy policies, and other rules posted on the third party sites before you use them.

19. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

20. Assignment. We may transfer or assign these Terms to any entity. You may not transfer or assign these Terms to any entity or individual.

21. Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

22. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.

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