AGREEMENT BETWEEN THE USER
AND 10 MINUTE WILL
This is an agreement ("Agreement") between the customer or
User (hereinafter referred to as “User” or “Users”) and 10 Minute Will, LLC
(hereinafter referred to as "10 Minute Will") relating to User’s use
of the information, software, products, and services available through 10
MinuteWill.com (the “Site”).
To register the User must
be 18 years of age or older.
10MinuteWill.com is a User generated self-help system operated by 10
Minute Will. 10MinuteWill.com requires User registration, which is conditioned on prior acceptance of these
Terms & Conditions. Use of 10MinuteWill.com constitutes the User’s acceptance
of and agreement to all such terms and conditions, including any arbitration
provisions and class action waivers, as detailed herein.
10 Minute Will provides a platform for general information and self-help
only. 10 Minute Will recommends that the User speaks with an attorney to assist
the User with his/her specific legal situation. No legal representation or
relationship exists in any way between any 10 Minute Will User and 10 Minute
Will or any parent, subsidiaries, or affiliates, current or future.
10MinuteWill.com does not provide any legal advice. 10MinuteWill.com is
not a law firm, and the employees of 10MinuteWill.com are not acting as the
User’s attorney. The User’s use of 10MinuteWill.com does not create or
constitute an attorney-client relationship between the User and 10 Minute Will,
any 10 Minute Will employee, or any attorney participating in 10 Minute Will’s
product. Any legal matter that arises as a result of the User’s use of a 10
Minute Will product will be undertaken solely by the User. The 10MinuteWill.com
website is not a substitute for experience, advice and counsel of an attorney.
If any relationship is inadvertently formed between the User and a 10 Minute
Will employee or an attorney participating in the 10 Minute Will product, such
relationship shall be limited in scope to that which was communicated between
the User and said employee or participating attorney.
Any information the User receives or gathers from this Site should not
be construed as legal advice, and should not be relied upon as such.
10MinuteWill.com cannot guarantee that currency or accuracy of the information
on the Site. The law is subject to change and interpretation by different
courts. If the User requires legal advice for a specific problem, or if the
User’s specific problem is too complex, the User should consult a licensed
attorney in the User’s area.
10MinuteWill.com and some of the articles contained therein may contain
links to other resources. Such links are provided to assist the User in
identifying and locating other resources that may be of interest, but are not
intended to state or imply 10MinuteWill.com’s sponsorship, affiliation or
association with, or is legal authorization to use any trade name, registered
trademark, logo, legal or official seal, or copyrighted symbol that may be
reflected in the links.
10MinuteWill.com is not responsible for any loss, injury, claim,
liability, or damage related to the User’s use of the 10MinuteWIll.com or any
site linked to 10MinuteWill.com, whether from errors or omissions in the
content of the Site or any other linked sites, from the Site being inoperable
or from any other use of the Site. The User’s use of the Site is at the User’s
own risk.
MODIFICATIONS
10 Minute Will reserves the right to change the terms, conditions, and
notices under which 10MinuteWill.com is offered, including but not limited to
the charges associated with the use of 10MinuteWill.com.
The User understands and agrees that the User’s use of 10MinuteWill.com
after the date on which the Terms & Conditions have changed shall be
treated as acceptance of the updated Terms & Conditions.
THIRD PARTY SITES AND SERVICES
10MinuteWill.com may contain links to other websites ("Linked
Sites"). These sites are not under the control of 10 Minute Will and 10
Minute Will is not responsible for the contents of any Linked Site, including,
but not limited to, any link contained in a Linked Site, or any changes or
updates to a Linked Site. 10 Minute Will is not responsible for any form of
transmission received from any Linked Site. 10 Minute Will is providing these
links to the User solely as a convenience, and the inclusion of any link does
not imply said site’s endorsement by 10 Minute Will or any association with its
operators. These Terms & Conditions do not cover the User’s interaction
with Linked Sites, and the User should carefully review the terms and
conditions and privacy policies of any third party sites.
Certain services made available by 10MinuteWill.com are delivered by
third parties. By using any product, service or functionality originating from
the 10MinuteWill.com domain, the User hereby acknowledges and consents that 10
Minute Will may share such information and data with any third party with whom
10 Minute Will has a contractual relationship to provide the requested product,
service or functionality on behalf of 10MinuteWill.com Users.
USER PRIVACY
Protecting the User’s privacy is of utmost importance. Please review our
Privacy Policy, detailing 10 Minute Will’s treatment of the User’s personal
information and protection of the User’s privacy.
NO UNLAWFUL OR PROHIBITED USE
As a condition of the use of 10MinuteWill.com, the User warrants to 10
Minute Will that the User will not use 10MinuteWill.com for any purpose that is
unlawful or prohibited by these terms, conditions and notices. The User may not
use 10MinuteWill.com in any manner which could damage, disable, overburden, or
impair the 10MinuteWill.com website or interfere with any other party's use and
enjoyment of the 10MinuteWill.com website. The User may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through 10MinuteWill.com.
The legal forms, legal documents, letters, articles, and all other
content found on 10MinuteWill.com are protected by copyright and all other
applicable intellectual property rights. Said content is not for resale. The
use of 10MinuteWill.com does not entitle the User to resell any
10MinuteWill.com content. The use of 10MinuteWill.com constitutes the User’s acceptance of
these Terms & Conditions and the User’s assurances that the User will not
resell or otherwise attempt to benefit – commercially or otherwise - from
content belonging to 10 Minute Will without the express written consent of 10
Minute Will, LLC.
10 Minute Will reserves the right to disclose any information that is
necessary to satisfy any law, regulation, legal process, law enforcement or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in 10 Minute Will's sole discretion.
Materials provided to 10MinuteWill.com or posted at any 10 Minute Will
website
10 Minute Will does not claim ownership of the materials the User
provides to 10 Minute Will. However, by providing such materials, the User
grants 10 Minute Will permission to use the User’s submission in connection
with the operation of 10 Minute Will, including but not limited to the rights
to copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and/or reformat the User’s submission, and to publish the
User’s name in connection with said submission.
No compensation will be paid with respect to the use of the User’s
submission, as provided herein. 10 Minute Will is under no obligation to post
or use any submission the User may provide, and may remove any submission at
any time in 10 Minute Will's sole discretion.
By posting, uploading, inputting, providing or submitting the User’s
submission, the User warrants and represents that the User owns or otherwise
controls all of the rights to the User’s submission, as described in this
section, including, but not limited to, all the rights necessary for the User
to provide, post, upload, input or submit the submissions.
LIABILITY DISCLAIMER
The information, software, products, and services included in or
available through 10MinuteWill.com may include inaccuracies or spelling or
grammatical errors. Changes are periodically added to the information herein.
10 Minute Will, LLC and/or its suppliers may make improvements and/or changes
in the Site at any time. Advice received from 10MinuteWill.com should not be
used or relied upon for personal, legal or financial decisions, and the User
should consult an appropriate professional for specific advice tailored to the
User’s situation.
10 Minute Will, LLC and/or its suppliers make no representations about
the suitability, reliability, availability, timeliness, and accuracy of
information, software, products, services and related graphics contained on
10MinuteWill.com for any purpose. To the extent permitted by law, all such information,
software, products, services and related graphics are provided "As
Is" without warranty of condition of any kind, except as expressly stated
otherwise within the Site, including the 10MinuteWill Guarantee. 10 Minute
Will, LLC 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.
To the maximum extent permitted by law, in no event shall 10 Minute
Will, LLC and/or its suppliers be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any damages whatsoever, including
but not limited to, damages for loss of use, data or profits, arising out of or
in any way connected with the use or performance of 10MinuteWill.com, with the
delay or inability to use the 10MinuteWill.com website of related services, the
provision of or failure to provide services, or for any information, software,
products, services and related graphics obtained through 10MinuteWill.com, or
otherwise arising out of the use of 10MinuteWill.com, whether based on
contract, tort, negligence, strict liability or otherwise, even if 10 Minute
Will, LLC or any of its suppliers has been advised of the possibility of
damages. Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply to the User. If the User is dissatisfied with any
portion of 10MinuteWill.com, or with any of these Terms & Conditions, the
User’s only remedy is to discontinue using 10MinuteWill.com.
DISPUTE RESOLUTION
Binding Arbitration: Most User
concerns can be resolved quickly and satisfactorily by calling 10MinuteWIll.com
Customer Service at 1-877-947-WILL (877-947-9455).
In the unlikely event that Customer Service is unable to resolve a
User’s complaint, or if 10 Minute Will has not been able to resolve a dispute
it has with the User after attempting to do so informally, it is mutually
agreed upon my the User and 10 Minute Will to resolve any disputes through
binding arbitration, mediation, or small claims court, rather than in a court
of general jurisdiction, except where a complaint is filed with the Better
Business Bureau. For dispute resolution as a result of a complaint filed with
the Better Business Bureau, see “BETTER BUSINESS BUREAU (“BBB”) DISPUTE
RESOLUTION,” below.
Arbitration uses a neutral arbitrator instead of a judge or jury.
Arbitrators often award the same damages and relief as would a court. Under
this arbitration provision, where the User seeks more than $50,000 in damages,
the payment of attorneys’ fees will be governed by the rules of the American
Arbitration Association (herein after referred to as “AAA”). Any arbitration
under this Agreement will take place on an individual basis; class arbitrations
and class actions are not permitted.
Arbitration Agreement: 10 Minute Will and the User agree to arbitrate
all disputes and claims between us. This agreement to arbitrate is intended to
be interpreted broadly. It includes, but is not limited to: claims arising out
of or relating to any aspect of the relationship between us, whether based in
contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this or any prior agreement (including, but not
limited to, claims relating to advertising); claims that are currently the
subject of purported class action litigation in which the User is not a member
of a certified class; and claims that may arise after the termination of this
Agreement.
References to "10 Minute Will," "the User" and
"us" include our respective subsidiaries, affiliates, agents,
employees, predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized Users or beneficiaries of services or devices under
this or prior agreements between us. Notwithstanding the foregoing, either
party may bring an individual action in small claims court. This arbitration
agreement does not preclude the User from bringing issues to the attention of
federal, state, or local agencies, including, for example, the Federal
Communications Commission. Such agencies can, if the law allows, seek relief
against us on the User’s behalf. The User agrees that, by entering into this
Agreement, the User and 10 Minute Will each waive the right to a trial by jury
or to participate in a class action. This Agreement evidences a transaction in
the interstate commerce, and thus the Federal Arbitration Act governs the
interpretation and enforcement of this provision. This arbitration provision
shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by
certified mail, return receipt requested, a written Notice of Dispute (herein
after referred to as "Notice"). A Notice to 10 Minute Will should be
addressed to
10 Minute Will, LLC
1302 Waugh Drive #178
Houston, TX 77019
This address is hereinafter referred to as "Address for
Notice". The Notice must describe the nature and basis of the claim or dispute,
and set forth the specific relief sought. If 10 Minute Will and the User do not
reach an agreement to resolve the claim within sixty (60) calendar days after
the Notice is received, the User or 10 Minute Will may commence an arbitration
proceeding. During the arbitration, the amount of any settlement offer made by
10 Minute Will or the User shall not be disclosed to the arbitrator until after
the arbitrator determines the amount, if any, to which the User or 10 Minute
Will is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and
the Supplementary Procedures for Consumer Related Disputes (collectively,
"Rules of Arbitration") of the AAA, as modified by this Agreement,
and will be administered by the AAA. The AAA Rules of Arbitration are available
online, by calling the AAA at 1-800-778-7879 or by writing to the Address for
Notice. The arbitrator is bound by the terms of this Agreement. All issues are
for the arbitrator to decide, including, but not limited to, issues relating to
whether the dispute can be settled by arbitration, and the scope and
enforceability of the arbitration provision. Unless 10 Minute Will and the User
agree otherwise, any arbitration hearings will take place in a reasonably
convenient location for both parties, with due consideration of their ability
to travel and other pertinent circumstances. If the parties are unable to agree
on a location, the determination shall be made by AAA. If the User’s claim is
for $10,000 or less, we agree that the User may choose whether the arbitration
will be conducted solely on the basis of documents submitted to the arbitrator,
through a telephonic hearing, or by an in-person hearing as established by the
AAA Rules. If the User’s claim exceeds $10,000, the right to a hearing will be
determined by the AAA Rules. Regardless of the manner in which the arbitration
is conducted, the arbitrator shall issue a reasoned written decision sufficient
to explain the essential findings and conclusions on which the award is based.
10 Minute Will will pay all AAA filing, administration and arbitrator fees for
any arbitration initiated in accordance with the AAA Rules. However, if the
User initiates an arbitration in which the User seeks more than $50,000 in
damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment
and reimbursement of fees and expenses at any time during the proceeding and
upon request from either party made within 14 days of the arbitrator's ruling
on the merits.
The arbitrator may award declaratory or injunctive relief only in favor
of the individual party seeking relief and only to the extent necessary to
provide relief warranted by that party's individual claim. The User and 10 Minute Will agree that each may bring claims
against the other only in the User's or 10 Minute Will’s individual capacity, and not as a
plaintiff or class member in any purported class or representative proceeding. Further,
unless both the User and 10 Minute Will 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. If this specific provision is
found to be unenforceable, then the entirety of this arbitration provision
shall be null and void.
Notwithstanding any provision in this Agreement to the contrary, we
agree that if 10 Minute Will makes any future change to this arbitration
provision (other than a change to the Address for Notice), the User may reject
any such change by sending written notice to 10 Minute Will within thirty (30)
calendar days of the change to the Arbitration Address for Notice provided
above. By rejecting any future change, the User agrees that the User will
arbitrate any dispute between it and 10 Minute Will, in accordance with the
language of this provision.
BETTER BUSINESS BUREAU
(BBB) DISPUTE RESOLUTION
Dispute resolution of complaints filed with the Better Business Bureau
(hereinafter, “BBB”) shall be governed by BBB’s Mediation Rules, as set forth
herein.
Mediation: If conciliation does not solve the
problem, mediation may be the next step. In mediation, an impartial third party
- the mediator - clarifies and reframes problems and helps the two sides talk
with each other and discuss solutions. The mediator does not decide the merits
of either party's claim. The mediator's goal is to identify the interests
of each party and work with them to arrive at a win-win solution.
If both sides
agree to mediate their dispute, BBB gives them an explanation of the basic
rules of mediation and asks each party to sign an Agreement to Mediate.
This agreement
states that each party is entering mediation voluntarily and will make a
sincere effort to resolve the dispute. It identifies the role the mediator will
play and the obligations of the disputing parties.
BBB will schedule
a confidential mediation session and will let you know how to prepare for that
session.
The mediator will
be a trained professional, either a BBB staff person or a volunteer from the
community.
The mediator will
not decide who is right or wrong. Instead, he or she will create an environment
that will help both you and the other party clarify the issues, understand each
other's underlying interests and help you discover possible options to settle
the dispute.
If you do reach a
solution, the mediator will assist you in writing an agreement that explains
what the solution is - typically some action to be performed.
BBB
Rules Of Mediation
- Confidentiality:
All conversations and materials produced during the mediation sessions are
confidential. The parties will not disclose any information about what is
happening in mediation without the approval of the mediator and the other
party. You also agree not to subpoena the mediator or BBB employees in any
subsequent legal proceeding.
- Good faith
effort: You agree to make a good faith effort to mediate your disagreement
with the other party. In doing so, you agree to work cooperatively with
the other party and the mediator by discussing the dispute and by helping
to work toward an agreeable resolution.
- Full
disclosure: You are expected to provide all information necessary to help
resolve your disagreement with the other party. The mediator will
determine what information is necessary.
- Common
courtesy: All participants will conduct themselves within the bounds of
common courtesy. Name calling, foul or abusive language and the like will
impede the mediation's success, and may compel the mediator to cancel the
mediation session.
- Legal counsel:
Mediators may not give legal advice. You may retain legal counsel of your
choice. If a legal issue arises, the mediator may ask you to consult with
your attorney.
- Expert
opinion: It may be necessary to seek expert advice during mediation. The
mediator may direct either or both parties to obtain expert advice at any
time during the mediation session. Likewise, the mediator may also contact
experts directly.
- Voluntary
process: Mediation is a voluntary procedure. While the mediator will make every
effort to help you reach a resolution to your dispute, you are under no
obligation to reach an agreement with the other party. Either party
involved in the dispute may decide to have the mediation session ended at
any time with proper notice to the BBB.
- Liability: The
parties agree that the mediators, the CBBB and the BBB, including
its employees, will not be liable for any act or omission in connection
with the mediation.
When a dispute arises as a result of a complaint filed with the BBB, where
10 Minute Will’s dispute resolution terms are in total conflict with those of
the BBB, the BBB’s dispute resolution terms shall supersede.
TERMINATION AND RESTRICTION OF ACCESS
10 Minute Will reserves the right, in its sole discretion, to terminate
the User’s access to 10MinuteWill.com and related services or any portion
thereof at any time, without notice.
GENERAL
The User agrees that no joint venture, partnership, employment, or
agency relationship exists between the User and 10 Minute Will as a result of
this agreement or use of 10MinuteWill.com. 10 Minute Will's performance of this
agreement is subject to existing laws and legal processes, and nothing
contained in this agreement exempts 10 Minute
Will's right to comply with governmental, court and/or law enforcement requests or
requirements relating to the User’s use of 10MinuteWill.com, or information
provided to or gathered by 10 Minute Will, 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 10 Minute Will, with respect to
10MinuteWill.com, and supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the User and 10 Minute Will with respect to
10MinuteWill.com. The User may not assign or otherwise transfer the Terms &
Conditions, or any right granted hereunder, without 10 Minute Will's written
consent. 10 Minute Will's rights under the Terms & Conditions are freely
transferable by 10 Minute Will. Any failure by 10 Minute Will to enforce or
exercise any provision of the Terms & Conditions, or any related right,
shall not constitute a waiver of that provision or right. Any rights not
expressly granted herein are reserved.
10 Minute Will may provide the User with notices, including those
regarding changes to the Terms & Conditions, by email, regular mail,
postings on the 10MinuteWill.com website, or other reasonable means now known
or hereafter developed.
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 of the parties that this
agreement and all related documents have been drawn up in English.
COPYRIGHT
All contents of 10MinuteWill.com are Copyright © 2014 10 Minute Will, LLC and/or its suppliers, affiliates
and partners. All rights reserved.
NOTICES AND PROCEDURE FOR CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States copyright
law should be sent to Service Provider's Designated Agent.
Updated as of July 30, 2014