Effective Date: September 25, 2018
NOTE: THIS DOCUMENT INCLUDES A MANDATORY ARBITRATION PROVISION AND
CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS
This Terms of Service document (“TOS”) is a legal agreement between you and
Blueprint Performance Partners Inc., d/b/a DocumentsHelper.com (the “Company,”
“we,” or “us”), and governs how you may use and manage your
DocumentsHelper.com account and the Service you receive via that access. When
you use our Service or establish an account with us, you are confirming your
understanding of and agreement with these Terms and the license granted herein.
Any rights not expressly granted herein are reserved by DocumentsHelper.
For all questions about how we use the information we obtain through your use of
1. Service Description.
For the purposes of this TOS, the term “Service” means the
online web application that enables users (“Users”) to: (i) draft, save, and edit
documents online; (ii) convert documents from one format to another; (iii)
access, edit, and download government forms and other publicly available
documents; and (iv) such other functionality as we may elect to add to the
Service from time to time, at our discretion.
The trademarks, service marks, logos, and all Content (collectively,
"Protected Content") used and displayed on this Site are registered and
unregistered marks of the Company and others or are otherwise protected by
copyright laws. Nothing on this Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any Trademark
without our prior, written permission.
- Our License to You: The Company hereby grants you a revocable, nonexclusive, non-transferable, limited right and license to access and use the
Service subject to the terms and conditions set forth in this TOS. The term of your License shall commence on the date that you
create your account (or otherwise begin to use the Service) and will end if
your account is terminated by either you or us. We reserve the right to
immediately terminate your license if you use the Service in breach of the
terms set forth herein. The Company retains all right, title and interest in
and to the Service, including, but not limited to, all copyrights, trademarks,
trade secrets, trade names, proprietary rights, patents, titles, computer
codes, and all other rights whether registered or not and all applications
thereof. The Service is protected by applicable laws and treaties worldwide,
and may not be copied, reproduced or distributed in any manner or medium,
in whole or in part, without prior written consent from the Company.
- Your License to Us: If you post or submit comments, questions, answers,
testimonials, or any other content (collectively, “Content”) on our User
forum or elsewhere on the DocumentsHelper.com website (the “Site”) you
agree that we may copy, distribute, display, publish, modify, or translate
your Content for any purpose and in any medium worldwide without any
obligation to compensate in any way for any such use.
3. General Prohibitions.
You may not do any of the following:
- Copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code of the Site or
- Remove or obscure the copyright notice or other notices displayed in
connection with the content accessible through the website or Service;
- Interfere with or disrupt the Site, or servers and networks connected to the
Site, or circumvent, disable or otherwise interfere with security-related
features of the Service or features that prevent or restrict use or copying of
any content or that enforce limitations on use of the Service;
- Allow any third party to use the Service under your account, share your
password or other account information with anyone outside your own
organization, create additional accounts for any reason whatsoever, or use
the account of anyone other than your own;
- Modify the Site or Service in any manner or form, or use modified versions
- Sell, assign, sublicense, or otherwise transfer any right in the Service or
content accessible through the Site, or make the Service available to third
parties in a service level environment;
- Use any robot, spider, scraper, or other automated means to access the
Service for any purpose;
- Take any action that imposes or may impose an unreasonable or
disproportionately large load on the Company infrastructure;
- Take any steps to circumvent the limitations of your account by taking
screenshots of completed documents, cutting/pasting from web pages, or
similar efforts; and
- Knowingly upload, store, disseminate or transmit any malware, worms,
viruses or other harmful, disruptive or destructive files, code, programs or
other similar technologies, or otherwise utilize the Service in any manner that
violates any statute, rule, or regulation.
4. Service Details.
You may use the Service to create and edit documents
without having to register or establish an account. If you want to save the
documents you create or utilize additional functionality included with a paid
subscription, you will be required to register and provide us with your email
address and a password. The following terms apply to your use of the Service:
- Account Access: You are solely responsible for any activity that occurs in
connection with your account, whether or not authorized, and for
maintaining the confidentiality of your password, In the event you discover
any unauthorized access and/or use of your account, you agree to
immediately terminate such access and/or use, and to promptly notify us in
- Subscription Terms: In the event you choose to upgrade your account in
order to access additional functionality, you agree to pay all applicable fees
associated with your subscription plan using the credit card you provide as
your payment method whenever such fees are due. Subscription fees are
non-refundable except as expressly set forth in these Terms. If your credit
card is declined for payment, you will not be able to access your account
until you provide a new card or otherwise update the card we have on file.
UNLESS YOU TAKE ACTION TO CANCEL YOUR ACCOUNT BEFORE A CHARGE
IS PLACED OR DO NOT WANT TO AUTO RENEW, YOUR SUBSCRIPTION WILL
AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO
YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THENAPPLICABLE SUBSCRIPTION FEE USING ANY CREDIT CARD WE HAVE ON
RECORD FOR YOU.
- Cancellation Instructions and Refund Requests. You may cancel your
subscription prior to the autorenewal date by clicking “cancel” on your user
dashboard. If you are in any way dissatisfied with the Service, you may
request a refund of your most recently processed subscription payment by
contacting us via email at firstname.lastname@example.org, with
“Refund Request” in the subject line. Be certain to include your username
and provide us with sufficient details so that we may process your request.
Note that you may only request a refund of the last payment made to us. All
previous payments are non-refundable.
- Data Storage Policy. We agree to store the documents you create, edit, or
otherwise manipulate for so long as your account remains in good standing.
As set forth in Section 5 and 6 of this TOS, we offer no warranty in
connection with our data storage service, and our liability to you in the event
of data loss or corruption is limited. Therefore, you should make
arrangements to back up any important documents and other data stored on
our servers to minimize the risk of accidental loss.
- Deletion of Account Data. If you cancel your account or fail to renew your
subscription, you will no longer be able to download, print, or share any
document(s) stored under your account unless and until you renew your
subscription. Regardless of any statement to the contrary in this TOS or our
content that may be stored under your canceled or non-renewed account
after thirty (30) days has elapsed from the date of cancellation or nonrenewal.
5. No Warranty.
The Service is provided on an "as is" and "as available" basis, and
without warranties of any kind either express or implied. You assume all
responsibility for the selection of the Service to achieve your intended results.
EXCEPT AS OTHERSISE SPECIFIED HEREIN, THE COMPANY HEREBY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL
BE CORRECTED. THE COMPANY DOES NOT OFFER A WARRANTY OR MAKE ANY
REPRESENTATION CONCERNING THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF ANY FORM, DOCUMENT, INFORMATION, OR DATA THAT YOU
OBTAIN THROUGH THE SERVICE. IF YOU RELY ON THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY RESULTS OR OTHER INFORMATION
PROVIDED BY THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK. Applicable
law may not allow the exclusion of certain warranties, so to that extent such
exclusions may not apply to you.
6. Limitation of Liability.
In no event shall we be liable to you or any other party for
any indirect, special, incidental, consequential, or punitive damages, however
and wherever arising, that may result from the delivery or failure of the Service,
including without limitation data loss due to: (a) software glitches, server
failures, power outages, or any other issue beyond our control; (b) any delays in
or failure of the Service to operate as described; (c) any unauthorized disclosure
of account information that may occur through the actions of any third party,
such as hackers; (d) damages or losses of any kind resulting from actions you
take in reliance upon any form documents, data, or other information available
through the Service; and (e) any other damages or losses you may incur in
connection with the Service, including without limitation loss or corruption of
IN NO EVENT SHALL OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN
CONNECTION WITH THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES PAID BY
YOU DURING THE SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM. CERTAIN
STATES AND/OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET
FORTH IN THIS SECTION MAY NOT APPLY TO YOU.
If you are a California resident, by using the Site, you explicitly waive the rights
granted to you under California Civil Code 1542, which states: "A general release
does not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which, if known by him must have
materially affected his settlement with the debtor." If you are a New Jersey
resident, certain sections of these Terms of Service, including Sections 5, 6, and 7
may not apply to you pursuant to the New Jersey Truth in Consumer Contract,
Warranty, and Notice Act. Additional states may not allow this exclusion or
limitation of liability, so the above limitation or exclusion may not apply to you.
When you use the Service, you will be sharing certain elements
time as you cancel or fail to renew your account. To the extent that any
documents you store on our servers includes sensitive financial or personal
information relating to yourself a third party, you agree to indemnify, hold
harmless, and defend the Company, together with its officers, directors,
employees, agents, subsidiaries, and affiliates (the “Indemnified Parties”), from
and against any claims, actions, proceedings, and suits (collectively “Claims”)
brought against us by any third party or regulatory agency that are related to
your use of the Service (including, but not limited to, claims concerning the
sharing of sensitive financial or personal information), and expressly agree to
assume liability for any damages, settlements, penalties, fines, costs or
expenses (including, without limitation, reasonable attorneys’ fees) that may be
incurred by us in connection with any Claim subject to this section.
8. Arbitration Agreement and Class Action Waiver
You agree to arbitrate all
disputes and claims that arise out of or relate to your use of the Service.
Therefore, you agree that, by using the Service, you are waiving the right to a
trial by jury or to participate in any class action based on or involving claims
brought in a purported representative capacity on behalf of the general public,
other users, or other persons similarly situated. This agreement to arbitrate
includes, without limitation, claims arising out of or relating to the Service or
your use thereof, regardless of when they may arise. Any arbitration proceeding
brought under this section shall be conducted by an arbitration service provider
chosen by the Company applying California law. The arbitration may be
conducted telephonically, with the costs to be split evenly between the parties.
9. Choice of Law; Forum:
This document shall be governed in all respects by the
laws of the United States and the State of California. Any claim or dispute you
may have against us, whether subject to mandatory arbitration or otherwise,
must be brought in Los Angeles, California, except that arbitration proceedings
may be conducted by telephone. For any matters not subject to mandatory
arbitration, you agree to submit to the personal jurisdiction of the courts located
within Los Angeles, California for the purpose of litigating all such claims or
All claims filed or brought contrary to this section shall be considered improperly
filed. Should you file a claim improperly, we may recover reasonable attorneys’
fees and costs, provided that we have notified you in writing of the improperly
filed claim and you have failed to withdraw the claim promptly.
10. Limitation of Actions.
Any claim or cause of action arising out of your use of the
Site or Service must be filed within one year after such claim or cause of action
arose or it shall forever be barred, notwithstanding any statute of limitations or
other law to the contrary. Within this period, any failure by the Company to
enforce or exercise any provision of this TOS or any related right shall not
constitute a waiver of that right or provision.
11. Advertisements and Links
The Site may include advertisements, offers, or other
links to websites of third parties that we do not control. Any outbound links are
provided solely for your reference, and are not to be viewed as an authorization,
endorsement, sponsorship, or affiliation by, of, or with such website. Note that
advertisements and other information provided by third parties may not be
wholly accurate, and we make no representations whatsoever concerning such
websites, or any products or services they may offer, and hereby disclaim any
and all such representations. Any purchase transactions or other dealings with
third parties referenced on this Site, including payment and delivery of
purchased items, are solely between yourself and them. We are not responsible
or liable for (i) the availability or accuracy of such websites or advertisements; or
(ii) the Content, products or services available from such sites. ANY VISITS TO
WEBSITES THAT LINK TO OR ADVERTISE ON THIS SITE ARE AT YOUR OWN RISK.
12. Modification and Notice of Changes:
We reserve the right to change, modify,
add or remove portions of this TOS, without advance notice to you. We will notify
you of any such changes by posting a notice on our website, and/or via email.
The new TOS will reference the effective date at the top of this page together
with a link to previous versions. Except as stated elsewhere, such amended
terms will be effective immediately and without further notice. Your continued
use of the Service after the posting of changes constitutes your binding
acceptance of such changes.
13. Entire Agreement and Severability
This TOS and any document incorporated by
reference herein constitute the entire agreement between you and us and
govern your use of the Service, superseding any prior agreements between us. If
any provision of this TOS is found by a court or other binding authority to be
invalid, the remaining provisions contained in this TOS shall continue in full force
The Company reserves the right to take any action it deems
appropriate if it determines, in its sole and absolute discretion, that you have
violated this TOS. Such action may include cancelling your account, terminating
your license to use the Service, or initiating civil or criminal legal proceedings.
If you have any questions or concerns regarding this TOS, please contact us.
Blueprint Performance Partners, Inc.
100 W. Broadway
Long Beach, CA 90802