Terms & Conditions

Terms of Use of this Web Site and the Delivery of

Legal Services and Advice through this Web Site

Bermuda Legal Solutions

(24/7 virtual law office)

The materials on the public portion of this World Wide Web site (our “Site”) are provided for informational purposes only, do not constitute legal advice, do not necessarily reflect the opinions of any of its attorneys and are not guaranteed to be correct, complete, or up to date. This World Wide Web site is not intended to create an attorney-client relationship between you and Bermuda Legal Solutions (“the Firm”), unless you register as a client, agree to our Limited Advice and Legal Services Agreement, the requisite fee is paid, in full, and you are accepted by Bermuda Legal Solutions (the “Firm”) as a client.

It is important that you read and understand these terms and conditions before you start to use our Web site.  By engaging the Firm or accessing our Site, you acknowledge that you have read these terms of use and agree to be bound by them. You can print and keep a copy for your reference.  If you do not agree to, or are unable to comply with the terms set forth, you should not use our Site.

Reference to “our” and “we” in our Site with regard to the provision of a particular User Service is a reference to the applicable provider of the User or Client Service.

These terms and conditions (and all communications) are governed by and will be construed in accordance with the laws of Bermuda and the courts of Bermuda shall have jurisdiction in any legal proceedings.

Our Site is for use by Bermuda residents only.

Web Site

Our Site, and all information available on or accessed through our Site, is provided “as is.” The Firm makes no warranties, representations or claims of any kind concerning the information presented on or through our Site. We do not hold that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Due to the nature of the internet and the possibility of third party interference, our Site is not guaranteed to be free of all viruses and technical defects of any description.  We will not be liable for any damage or loss caused by such third party interference as a result of your use of our Site.

Due to constant changes in the law, our Site’s information may not be complete or accurate depending on your particular legal issue. Specialized individual assessment and evaluation is necessary.  Obtaining any materials through the use of our Web site is done at your own discretion and at your own risk.  The Firm shall have no responsibility for any damage to your computer system or loss of date that results from the download of any contents, materials, information or software.

The Site may be amended by us at any time without specific notice to you. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

REGISTERING FOR USE OF OUR WEB SITE

You must be a Bermuda resident, age 18 years or over and you are legally able to enter into a binding contract to use the User Services.  You will receive a Username and Password to access our client area, through a secure client portal of our Site (“the Client Area”) and be able to use all of the User Services.

The use of the User Services from the Client Area is for your personal use only (except on behalf of a spouse, as attorney or professional for a client in respect of the Wills service). You shall not permit any other party to have access to the User Services or Client Area or to use the User Services. If you breach this term, we can without notice revoke your Username or Password and refuse access to all or any part of our Site.

You should not act upon the general site information without seeking advice from an attorney.

Do not send us confidential information until you speak with one of our attorneys and receive our authorization to send that information to us.  Providing information to the Firm (via e-mail links on our Site or otherwise) will not create an attorney-client relationship in the absence of an express agreement by the firm to create such relationship, and will not prevent the Firm from representing someone else in connection with the matter in question or a related matter.

WHO PROVIDES THE USER SERVICES

The Law Guide and Rapidocs Document Assembly system is provided by DirectLaw, Inc.  DirectLaw does not itself provide legal advice but Users of our Site have access to attorneys who are responsible for the service that they provide to you, including any advice that you may receive from them. All legal services are provided by Bermuda Legal Solutions.

Lawyer Review of Documents Created Using the Document Preparation Service

These are provided by Bermuda Legal Solutions in accordance with the terms of the engagement letter accepted upon registration.

User Services

The User Services currently available to clients are detailed on our Site.

Commercial Use Limitation

The use of our Site or product and the documents when downloaded or installed by you are for your personal use only and will clearly show on the face of them to be licensed to you. You may not use our Site, the product or the documents for any other purpose except for your own personal use. You may not use the documents for any commercial purpose whatsoever and the copyright in them belongs to either SmartLegalForms, Inc., or the Firm.  You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from our Site.

Prohibited Use

As a condition of your use of our Site or product, you warrant to us that you will not use our Site or product for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Hyperlinks

Our Site or product may contain hyperlinks to Web sites operated by other parties. Such hyperlinks are provided for your reference only. We do not control such Web sites and are not responsible for their contents.

Our inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites.

Legal Identity

This virtual law site is owned by the Firm and managed by Maxine L. Binns, who is licensed to practice law in Bermuda as well as all attorneys associated with the Firm.  Further, all attorneys are members of the Bermuda Bar and England and Wales Bar.

Web site Copyright and Database Rights

All rights, title and interest in and to the materials and contents of each of the web pages or this product, including but not limited to information, documents, logos, graphics, sounds and images (the “Content”) at our Site and associated databases are the property of the Firm, Maxine L. Binns, or DirectLaw, Inc.  Reproduction of part or all of the Content in any form is prohibited other than in accordance with the following terms:

You may print or download to a single local hard disk extracts from the Content for your personal use only.

You must not remove any proprietorial notices from such extracts.

You may not sell or commercially exploit any Content nor use any data mining, robots or similar extraction methods in relation to the Content.  No linking to our Site or manipulation of the Content (including but not limited to framing, alteration of content or parts thereof, re-branding of content, use of metatags or hidden text techniques) is permitted without the express written consent of an authorized officer of the Firm or DirectLaw, Inc.

Except as otherwise expressly provided by the Firm, none of the materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on our Site shall be construed to confer any license under any of the Firm’s intellectual property rights, whether by estoppel, implication or otherwise. The Firm does not sell, license, lease or otherwise provide any of the materials other than those specifically identified as being provided by the Firm. Any rights not expressly granted herein are reserved by the Firm.

You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your user account.

When accessing the Site or using the Firm’s services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Firm reserves the right to terminate or delete such material from its servers. The Firm will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.

Software Copyright

Rapidocs Software featured on our Site is the property of ©Epoq Group Ltd. 2000-2011 and legal form content by SmartLegalForms, Inc.  Reproduction of part or all of the contents in any form is prohibited other than in accordance with the license terms detailed therein. Software reproduced in and on our Site is the property of ©Epoq Group Ltd. 2000-2011. You may not use (other than as is expressly or impliedly licensed) resell, reverse engineer, decompile or otherwise modify such software.

Trademarks

“RAPIDOCS” is a trademark of Epoq Group Ltd.

“DirectLaw”  is a trademark of DirectLaw, Inc.

“SmartLegalForms” is a trademark of SmartLegalForms, Inc.

Patent Applications (Rapidocs Technology)

Elements of the Rapidocs technology are the subject of patent applications by Epoq Group Ltd. in respect of EPC signatory states and the USA.  Any rights not expressly granted herein are reserved.

E-mail Correspondence

We would be pleased to communicate with you by e-mail. However, if you communicate with us through this World Wide Web site or otherwise in connection with a matter for which we do not already represent you, your communication may not be treated as privileged or confidential, unless of course you have registered as a client and you have purchased legal advice from us through your secure MyLegalAffairs home page.

Web Site as Advertising for Law Firm | Compliance with Professional Rules

In some jurisdictions, this World Wide Web site may be considered advertising. The hiring of a lawyer is an important decision that should not be based solely upon written information about our qualifications and experience on our Site.

Bermuda Legal Solutions has endeavored to comply with all known legal and ethical requirements in compiling this World Wide Web site.  Bermuda Legal Solutions designates Maxine L. Binns the attorney responsible for this World Wide Web site.

Privacy Policy

Our Privacy Policy as detailed on our Site forms a part of these terms and conditions.

Agreement for Limited Advice and Legal Services

Our Limited Advice and Legal Services Agreement as detailed on our Site forms a part of these terms and conditions.

LIMITATION OF LIABILITY – NO WARRANTIES

The Firm assumes no liability for any errors or omissions in the Content of our Site.  We will not be responsible for any damages, including direct or indirect, incidental, consequential or special arising as a result of your use of our Site.  As stated, above our Site pertains to the practice of Bermuda law only. Therefore the content of our Site is not applicable in any other jurisdiction other than Bermuda.

NOTICE OF DISCLAIMER RELATING TO ADVICE:  FOR THE AVOIDANCE OF DOUBT, ANY ADVICE YOU RECEIVE IS THE RESPONSIBILITY OF THE PARTY ADVISING YOU WHETHER THAT IS BERMUDA LEGAL SOLUTIONS OR ANY OTHER PARTY.  DIRECTLAW, INC. WILL NOT BE RESPONSIBLE OR LIABLE FOR SUCH ADVICE.

Document Preparation Service

The Document Preparation Service (the “Document Preparation Service”) does not provide legal advice. It is designed to collect relevant information and data to assist in the preparation of a legal document on your behalf.

The Document Preparation Service uses a document assembly and drafting system (“the System”). The responses you give will dictate the content of the document produced.

When using the Document Preparation Service you will be asked a series of questions; the answers you give will dictate the content of the Document produced by the System. You alone are responsible for ensuring the answers or any information that you give is correct (this includes information in relation to the identity of any parties or signatories, their age or capacity).  Bermuda Legal Solutions relies on you providing the correct information.

You must carefully check that the Document produced fully reflects your wishes. If it does not, you should not execute it. It is your responsibility to ensure that any Document is properly executed in accordance with the instructions that are provided to you.

Documents are prepared in accordance with the law of the jurisdiction specified in the document. You should not use them in any other jurisdiction or if any person who is to sign it, or the property the Document deals with, is outside the jurisdiction that it is drafted to be used in.

All Documents should be used in conjunction with proper advice from Bermuda Legal Solutions as to their application and adaptation to your particular circumstances.

Documents completed online will be stored in the document store (“the Document Store”) on our Site for a period of time.  Upon completion of the review of your Document, any Documents held in the Document Store will be deleted, unless you have arranged for them to be archived. Your attorney will also maintain a copy of the documents prepared for you, in accordance with the requirements of Bermuda law relating to document retention.

OTHER CONDITIONS

We shall not be liable for any failure to provide or delay in providing any service resulting from circumstances or events outside of our control, for example due to strikes and other industrial disputes, breakdown of systems or network access, fire or explosions, and power failure.

We reserve the right to change the terms, conditions and disclaimers under which our Site or any User Service is offered.

You may not assign, subcontract or otherwise transfer any rights and obligations under these Conditions whether in whole or in part without the prior written consent of the Firm.  Headings in these Conditions are for convenience only and shall not affect its interpretation.

These Conditions represent the entire agreement between the parties and neither party shall attempt to rely upon any prior understanding or representation, which may have been made.