This page states the Terms of Use ("Terms") under which you may use the Mama Bear website, mamabearlegalforms.com (the "Site"). These Terms include the Mama Bear Privacy Policy and Disclaimer, both of which are incorporated into these Terms by reference.
Mama Bear Legal Forms, Inc. ("Mama Bear" or "we") provides services ("Mama Bear Services") offered through pages on the Site. These Terms constitute a binding agreement between you and Mama Bear, and are deemed accepted by you each time that you use or access the Site. If you do not accept the Terms stated here, do not use the Site.
Mama Bear Legal Forms, Inc. ("Mama Bear" or "we") provides services ("Mama Bear Services") offered through pages on the Site. These Terms constitute a binding agreement between you and Mama Bear, and are deemed accepted by you each time that you use or access the Site. If you do not accept the Terms stated here, do not use the Site.
Mama Bear may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms because they are binding on you. These Terms were last modified on June 30, 2018. If you have questions or concerns about the Terms, please contact Customer Service at customercare@mamabearlegalforms.com.
If you violate these Terms, you may have your access to and use of the Site suspended or terminated, at Mama Bear’s sole discretion. Mama Bear retains the right to cancel any sale or Site access at any time.
1. Use of Mama Bear Material and Mama Bear Services; Grant of License
Mama Bear grants you a limited, personal, non-exclusive, non-transferable license to use forms on the Site (the "Forms") for your own personal use. If you are an organization, a purchase allows one individual within your organization to exercise on an exclusive personal basis the rights granted by these Terms. Except as otherwise provided herein, you acknowledge and agree that you have no right to modify, edit, copy, take screen-shots, 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. To the maximum extent allowable under applicable law, except as explicitly identified in these Terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any intellectual property, legal materials, documents, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by Mama Bear or the Site, including any portion thereof (the “Mama Bear Material”) nor will you utilize Mama Bear Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so. You agree to only use Mama Bear Material and the Site as a customer. Subject to these Terms, if you are evaluating the Site strictly as a potential customer, you are granted a license to evaluate the Site for that purpose only.
The license granted in this section 2 is subject to the Terms and entitles you to (A) use Forms as specified by the Terms only, (B) make electronic copies of each completed Form for your personal use, and (C) make necessary hard copies (e.g. printed or photocopied) of each completed Form for your personal records and as required for addressing the specific circumstances for which the Form is intended.
You agree not to use any Form for any purpose which is against any law in your jurisdiction.
2. Payment
To access Mama Bear Products, you must provide credit card information to Mama Bear as required by the Site. Mama Bear will charge your credit card in accordance with displayed pricing in return for access to the Site and Mama Bear Services.
3. Legal Advice, Information and Decision Making Responsibility
Mama Bear Legal Forms is a provider of state-specific, law firm quality, wills and powers of attorney that are inexpensive, simple to create, and easy to download. We are not a law firm and may not perform services performed by an attorney. Neither we nor our employees are acting as your attorney. Any use of the Site does not create or constitute an attorney-client relationship between you and Mama Bear or any employee of or other person associated with Mama Bear.
The information contained in the Site is general legal information and should not be construed as legal advice to be applied to any specific factual situation. As the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, the information or use of documents on the Site is not a substitute for the advice of a lawyer. Mama Bear, Mama Bear Services, and its Forms are not a substitute for the advice or services of an attorney. If you are unsure whether your particular situation requires that a document be changed, you should consult a lawyer.
4. Personal Use
The Site is made available for your personal use on your own behalf.
5. Children
Minors are not eligible to use the Site or Mama Bear Services and we ask that they do not submit any personal information to us.
6. Assignment
This agreement cannot be assigned.
7. Intellectual Property
When accessing Mama Bear or using the Mama Bear Site, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. 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 Mama Bear user account. All Site design, text, graphics, the selection and arrangement thereof is Copyright ©, Mama Bear Legal Forms, Inc. ALL RIGHTS RESERVED. Mama Bear, mamabearlegalforms.com, all images and text, and all page headers, custom graphics and button icons are service marks, and/or trademarks of Mama Bear. All copyright, trademarks, and other intellectual property rights (registered and unregistered) of Mama Bear Material belong to Mama Bear. Mama Bear reserves all of its rights in the Mama Bear Material. Nothing in the Terms grants you a right or license to use any intellectual property rights owned or controlled by Mama Bear or any other third party except as expressly provided in these Terms.
8. NO WARRANTY
THE SITE, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Mama Bear EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Mama Bear MAKES NO WARRANTY THAT: (A) THE SITE, THE Mama Bear SERVICES OR THE Mama Bear MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE Mama Bear SERVICES OR THE Mama Bear MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE Mama Bear SERVICES OR ANY Mama Bear MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE Mama Bear SERVICES OR THE Mama Bear MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. Mama Bear SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
9. LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD Mama Bear AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM YOUR USE OF THE SITE AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF Mama Bear HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF Mama Bear, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE Mama Bear SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
10. Arbitration
Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by Mama Bear or through the Site, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Mama Bear Legal Forms, Inc., attention: General Counsel, 9802 Nicholas Street, Suite 105, Omaha, Nebraska 68114. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you agree to waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
11. Governing Law
These Terms are governed by the internal substantive laws of the State of Nebraska, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms shall lie exclusively with the state or federal courts within Douglas County, Omaha, Nebraska. This paragraph does not apply to North Carolina consumers.
12. General
Mama Bear makes no claims or representations that the Site may be lawfully viewed or accessed outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Mama Bear’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Mama Bear’s ability to enforce such term at any point in the future.
"It literally took me 10 minutes to create everything I needed for my child. It feels good to know they’re protected if something should happen."