TERMS OF USE

Last Updated: October 15, 2020

The following terms (“Terms”) constitute an agreement (“Agreement”) between Sunset Legal LLP and you that governs your use of this website, and all of its associated services, products, content and functionality.  This policy applies to the website administered by Sunset Legal LLP (“Website”) located at https://sunset.legal.

Your use of the Website or participation in a Product (by download, purchase or use) constitutes your acceptance of, and agreement to, the following Terms.  Sunset Legal LLP reserves the right to modify, alter, amend or update its Website, policies and these Terms.  These Terms are subject to change without notice.  If you do not agree with or do not accept any part of these Terms, you must not use the Website or participate in any of our Products.

Licensing

Sunset Legal LLP provides general estate planning advice and legal services to clients on a 1:1 basis (“Attorney Services”), and Kaitlin Kellogg, the owner and managing partner of Sunset Legal LLP, is licensed to practice law in California.  Nothing presented on the Website or on any of our Products creates an attorney-client relationship between you and Kaitlin Kellogg or Sunset Legal LLP.  If you are located outside of California, please locate a licensed attorney in your area.

Products

In addition to the Attorney Services defined above, Sunset Legal LLP may sell or otherwise provide Products (defined below) for those who opt to create legal documents without advice from an attorney under a written engagement agreement.  The Products (defined below) are not intended as advertising or solicitation anywhere where doing so would violate applicable local laws or ethical rules.  “Products” include, without limitation, Sunset Legal LLP estate plan document templates, forms, video guides, checklists, worksheets, webinars, workshops, group video conferences or calls, and any other products or information provided after your make a paid purchase or supply personal information, including free downloadable materials and other information available through our email newsletters and on https://sunset.legal, affiliated domains, podcasts Sunset Legal LLP hosts or participates in, and Sunset Legal LLP’s social media properties.  These Products are owned by Sunset Legal LLP and protected by copyright.

Use of the Website

Unless otherwise stated, Sunset Legal LLP owns the intellectual property and rights to all content and material on the Website and Products.  All intellectual property rights are reserved.

 

You may view, download, and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;

  • Sale, rental or sub-license of any content from the Website;

  • Reproduction or duplication of any content on the Website for commercial purposes;

  • Modification of any content on this website unless content is specifically and expressly made available for modification;

  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution.  Users are permitted to share content on social media channels as long as a link to the Website is included.

 

No Attorney-Client Relationship

 

Our Website and Products are for general, informational use only.  The information on the Website and Products do not constitute legal advice and are not a substitute for hiring an attorney.  Unless you have separately hired us by signing a written engagement agreement, Sunset Legal LLP does not and cannot: (i) provide any legal advice, opinion, recommendation, or explanation specific to your selection of Products or strategies regarding Products, legal rights, options, remedies, or defenses; or (ii) write specific legal documents for a specific individual or situation.  Communications between you and Sunset Legal LLP, while protected by our privacy policy, are not protected by attorney-client privilege or the work product doctrine unless you have a signed written engagement agreement.  You should never delay seeing legal advice, disregard legal advice, or discontinue legal services as a result of any information provided on the Website or any of our Products.

 

Not Intended For Children

 

Our Website and Products are intended for individuals at least 18 years of age and legally able to enter into a contract, and when you use a Product, you represent and warrant that you meet both requirements.  Sunset Legal LLP disclaims all liability for use of any Products by individuals under 18 years of age.  Children under 18 years of age may not use these Products.

YOU AGREE THAT BY USING THE WEBSITE OR PRODUCTS YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

 

Paid Products For Personal Use By One Individual Only

 

Sunset Legal LLP grants you a one-time, single-user, non-transferable, non-exclusive license to download, view, copy, and print Products you have purchased (“Paid Products”) solely for personal use by one individual or in obvious cases, one individual and their spouse. Selling, sharing, redistributing, licensing, sublicensing, or otherwise disclosing Paid Products to another individual or any third party is expressly prohibited.  You may not assign any rights or delegate any duties under these Terms without our prior written consent.

 

In the event you breach these Terms you will pay Sunset Legal LLP $5,000 USD, which you agree: (i) has been incorporated into these terms and conditions as a valid pre-estimate of damages that we will sustain which will not be capable of precise determination; and (ii) is not a penalty, but rather is considered the agreed-upon liquidated damages suffered as a result of your using or sharing the template outside of these permitted and expressly limited usage terms.

 

Modifications to Paid Products; Attribution

 

You may modify the Paid Products solely to the extent necessary to complete the contract templates for your personal use, which includes filling in any blanks.

 

Unless otherwise stated, Sunset Legal LLP owns, or has obtained a valid license to use, the intellectual property rights to all protectable elements in the Products, including without limitation, the logo, images, trademarks, service marks, design elements, layout, graphics, information, materials, documents, data, and text.  We reserve all rights not specifically granted in these Terms.  

 We strongly recommend that you manage your Product use carefully and in compliance with these Terms, as we monitor the internet for infringing uses of our Product and will take whatever legal action required to enforce our intellectual property rights.

 

Informational and Educational Purpose Only

 

Unlike our 1:1 Attorney Services, we provide and sell the Products for general informational and educational purposes only.  The Products are not provided as, and are not a substitute for, financial, legal, medical, or other professional services or advice.  You agree that we are not responsible, and specifically disclaim any liability, for your reliance on any advice or opinions in the Products.  We strongly recommend you consult your own accountant, financial advisor, attorney, or medical professional, as you are ultimately responsible for determining what is best for your unique situation.

 

No Warranty

 

While we use reasonable efforts to include accurate and up-to-date information in our Products, the law is always changing and varies by location.  Therefore, we cannot make any representations or warranties as to the accuracy of information in our Products and we assume no liability or responsibility for any errors or representations in the content available in the Products.  You agree that you are solely responsible for the completion of any Product you purchase, including, without limitation, filling in the blanks in the Products, and you understand that we strongly recommend you work with an attorney licensed in your particular location where you reside and if relevant, any additional locations in which you do business.

 

No Refunds; No Chargebacks

 

All sales are final.  All Product purchases are nonrefundable, and Products are not returnable under any circumstances.  Because we have a clear No Refunds policy in these Terms and you have agreed to these Terms before purchasing a Product, we will not permit any actual or threatened chargebacks from you or your credit card company.  In the event that we receive a chargeback threat during or after your purchase or a chargeback is placed on your purchase, we will report your name, email, order date and amount, billing address, and a description of the incident to Equifax, Experian, and TransUnion credit bureaus, and to any other entity in our sole discretion, to ensure the incident is included in chargeback databases and delinquent account listings.  That report may negatively impact your credit score, and we will require that you make a full payment of the chargeback amount plus any attorney fees or other expenses incurred in connection with the chargeback incident before we will remove you from those databases.

Testimonials Representative of Actual Client or User Experiences, Not Guarantee of Your Experience

Any testimonials, statements, and opinions presented in our Website or Products were provided voluntarily by actual clients (in the case of Service testimonials), or by actual purchasers or beta users (in the case of Product testimonials).  Beta users may have received free products, services or other benefits in exchange for providing honest feedback on various versions of the Products.  While testimonials are representative of actual client or user experiences, the exact results and experience will be unique for each individual.  Therefore, we cannot and do not make any representations or guarantees about any particular results you may experience from using the Products.

 

Assumption of Risk

 

You acknowledge that the Products have not been prepared to meet any specific requirements you may have.  When you purchase, download, use, or participate in any Product, you knowingly and voluntarily assume all risk, including elements of inherent risk, and responsibility for injuries to any person or damages to any property. 

 

Disclaimers

 

THE INFORMATION ON THE WEBSITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  SUNSET LEGAL LLP MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE WEBSITE OR PRODUCTS AND DOES NOT WARRANT THAT THE WEBSITE OR PRODUCTS OR ANY OF THEIR FUNCTIONS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SUNSET LEGAL LLP SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS INCLUDED IN THE WEBSITE OR PRODUCTS, DELAYS OR FAILURES IN DELIVERY OF THE PRODUCTS, OR ANY OTHER RESULTING DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM VIRUS ATTACKS, INTERNET CONGESTION, AND DENIAL OF SERVICE ATTACKS. SUNSET LEGAL LLP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. 

 

Limitation of Liability

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, SHALL SUNSET LEGAL LLP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES SUFFERED BY ANY PERSON AS A RESULT OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE OR PRODUCTS OR ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE PRODUCTS OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, SUNSET LEGAL LLP HAS MADE AVAILABLE TO YOU, EVEN IF SUNSET LEGAL LLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

 

SUNSET LEGAL LLP’S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE PRODUCTS OR ANY OTHER MATERIALS SUNSET LEGAL LLP HAS PROVIDED TO YOU SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT YOU HAVE PAID TO SUNSET LEGAL LLP FOR THE PRODUCTS DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. IF YOUR USE OF THE PRODUCTS OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, SUNSET LEGAL LLP HAS MADE AVAILABLE TO YOU RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL DIRECT AND RELATED COSTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO DEPENDING ON YOUR STATE OF RESIDENCE, ALL OR A PORTION OF THIS PROVISION MAY NOT APPLY.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless Sunset Legal LLP and its owners, directors, officers, past and present employees, contractors, volunteers, representatives, agents, affiliates, successors, and assigns (collectively, “Releasees”) from and against all actions, suits, claims, losses, liability, costs, and expenses, including attorney fees (collectively, “Claims”) arising out of or in connection with: (i) your purchase, download, use, or participation in the Products, including, without limitation, any allegation that the Product as customized, completed, or otherwise used by you infringes a third party’s intellectual property or other proprietary right, violates any applicable law; or ultimately does not result in the outcome you wanted or planned for.  This provision shall apply regardless of Releasees’ negligence, if any.

 

Product Availability and Delivery; Force Majeure

 

We do our best to ensure uninterrupted, error-free availability and delivery of the Products.  However, we cannot guarantee your access will never been suspended or restricted due to circumstances outside our control and because we occasionally need to make repairs, maintenance, or updates to our Products and Website.

We shall not be liable to you for any delay or failure by us to perform our obligations under these Terms if that delay or failure arises from any cause beyond our reasonable control, including, without limitation, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any obligation under these Terms.

 

Third-Party Links

 

The Products may contain links to other sites on the internet that are owned and operated by third-parties (“External Sites”).  Sunset Legal LLP has no control over those External Sites and is not responsible for the availability of or materials provided on or through those External SItes.  We recommend you research independently all recommended resources, and you agree to assume all responsibility for your decision to enter into any transaction or other relationship with those third parties.

 

Protecting Personal Information

 

Protecting your personal information is important to us, which is why we have implemented and strive to maintain reasonable, commercially acceptable safeguards appropriate to the nature of the information we collect, use, and store.  However, no website, internet transmission, method of electronic storage, or security system is completely secure.  Any transmission of personal information is at  your own risk.  Therefore, we urge you to take appropriate steps to keep your personal information safe, such as choosing not to send personal information through insecure email and closing your browser when finished buying, downloading, using, or participating in our Products or those of any other website on a shared device or unsecured network.  Please read our Privacy Policy to learn more about how we collect, use, share, and protect your personal information.

Protecting others’ personal information is equally important to us. You shall not transmit to Sunset Legal LLP or upload to our website any Harmful Code or use or misappropriate the data on our Website or in our Products for your own commercial gain. “Harmful Code” includes, without limitation, any software (e.g., viruses, trojan horses, worms, time bombs, time locks, drop dead devices, traps, access codes, cancelbots, or trap door devices that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on exceeding a number of copies, exceeding a number of users, passage of a period of time, advancement to a particular date or other numeral, use of a certain feature, or any other event; or (b) would enable an unauthorized person to cause that result; or (c) would enable an unauthorized person to access another person’s information without that other person’s permission.

Products Intended for Use Within United States

 

We control and provide the Products from the State of California within the United States, and we do not represent or warrant that the Products will be available or are appropriate for use in locations outside the State of California within the United States.  If you choose to access or use the Products from outside the State of California within the United States, you agree to assume full liability for compliance with any applicable local laws.

 

Governing Law; Location for Disputes

 

These Terms and any disputes arising out of or in connection with these Terms or the Products shall be governed by and construed in accordance with the laws of the State of California without regard for its conflict of law provisions.  Any matter involving interpretation or enforcement of these Terms shall be brought in the state or federal courts in Los Angeles, California.  By purchasing, downloading, using, or participating in the Products, you hereby accept the exclusive jurisdiction of those courts.  Sunset Legal LLP shall be entitled to recover its attorneys’ fees and costs in enforcing its rights under these Terms in the event of a violation of our intellectual property rights or other breach of these Terms, whether we choose to enforce our rights through negotiation, mediation, arbitration, or litigation.

 

Notices

 

Any notices to you regarding these Terms and the Products will be provided by email using the contact information provided by you when you last purchased the Products.  Notice will be deemed given one (1) business day after email transmission from Sunset Legal LLP, or two (2) business days after the date of posting on our website or elsewhere, as may be appropriate under the circumstances or otherwise required by law.

 

If you have any questions about our Products, 1:1 Attorney Services, or any of our terms or policies, including these Terms, please email hello@sunset.legal and include the name of the terms, policy, product, or services in the subject line.

 

Waiver

 

Failure by either party to enforce any provision in these Terms is not a waiver of future enforcement of that or any other provision.  The waiver of any breach of these Terms is not effective unless in a written agreement signed by the waiving party and is not a waiver of any other or subsequent breach.

 

Updates to Terms of Use

 

We will update these Terms occasionally to reflect changes in the law, our Products, our practices, and advances in technology.  When we post those changes, we will revise the “Last Updated” date at the top of these Terms.  If we make any material changes to these Terms, we will take reasonable steps to notify you or obtain your consent, which could include notifications through our website, via email, or as otherwise may be required by law.  Please review any changes carefully.  Any access or use of the Products by you after we have posted the updated version of these Terms, including your continued use of our Products, will mean you consent to and accept those changes.  If you do not consent to any changes, you may cease using our Products and contact us to request deletion of your personal information.

 

Severability; Entire Agreement

 

In the event that any portion of these Terms is declared invalid, illegal, or unenforceable for any reason, the remaining portions of these Terms shall remain in full force and effect.  These Terms together with our Privacy Policy, are the exclusive agreement between us with respect to this subject matter and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to this subject matter.  There are no conditions precedent to the effectiveness of these Terms other than those expressly stated in these Terms.  The provisions of these Terms may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealing. In entering into these Terms, neither party has relied upon any representation, warranty, or agreement of the other party except for those expressly contained in these Terms.

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