Last updated: September 20, 2019
Services available on the website
Without restriction, we generally offer the following services through the Website:
Om provides tools that allow its users to access legal forms, review financial or insurance options, and manage their general financial health.
The services we offer are subject to change over time. By using the Website, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.
Ownership of files
When you choose to upload documents or data (including text), Om does not review or pre-screen the contents of electronic data uploaded or posted to the Website (“Content”) and Om claims no intellectual property rights with respect to the Content.
Payments for services or products available on the Website will be charged to you in accordance with the policies, procedures, and timelines posted on the relevant sections of the Website. We do not see your payment information when you use the Website.
To access products, you must provide credit card details to Om as required by the Website. Om will charge credit cards in accordance with displayed pricing in return for access to products. You agree to pay the fees applicable to your purchase and any other applicable fees, including but not limited to fees relating to the processing of transactions under your account (“Fees”).
All initial and recurring Fees will be charged to the credit card that you authorize for your account. It is your responsibility to keep your authorized credit card valid and up to date at all times. We may terminate or block access to your account if your credit card becomes expired or otherwise invalid at the time any Fees become due.
For purposes of processing payments, we use the following service provider:
STRIPE, INC. 185 BERRY STREET, SUITE 550 SAN FRANCISCO, CA 94107
Before using the Website, you must first review and approve the terms and conditions governing the use of third-party payment processors, which are available at the following website: www.stripe.com
The terms governing the features and capabilities of your account and the related Fees can be found on the Website.
Limitation of liability
Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure or error-free.
You accept full responsibility for determining whether Om products are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
In no event will we have any liability to you or any third party for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.
In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential.
You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.
We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.
Warranties and Representations
We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.
Compliance with laws
You represent and warrant that:
- Your use of the Website will not infringe or misappropriate the confidentiality or data security of any User or third party; and
- Your use of the Website will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.
Users Must be Over the Age of 18. You represent and confirm that you are over the age of 18. We do not target, market, or promote the Website to those under 18. We do not permit any User under the age of 18 to use the Website.
GOVERNING LAW AND DISPUTE RESOLUTION
If any claim, dispute or controversy occurs between Om and a User relating to the interpretation or implementation of any of the provisions of these
WAIVER OF CLASS ACTION
By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against Om or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against Om otherwise commenced.
The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
LEGAL ADVICE, INFORMATION AND DECISION-MAKING RESPONSIBILITY
Om is not a law firm, investment advisory firm, accounting firm, or insurance company and does not provide Legal Advice (as defined below), financial advice, r tax advice. Your use of Om Final Documents does not create a solicitor-client relationship between you and Om.
You agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.
You agree that Om does not provide Legal Advice. If you receive any communication from Om, its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by Om and you agree to immediately delete and disregard it.
Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of Om Final Documents, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any Om Final Documents.
- any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney;
- advice on which legal document or documents you need or are best for your situation;
- determining the legal consequences that will or could result from how you have created your legal document;
- whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;
- whether you have omitted any necessary provisions or details from your legal documents; and
- whether you require any additional legal documents or legal procedures.
The following additional terms and conditions apply to the use of the Website:
- Restrictions: You agree to only use Om Final Documents and the Website as a customer. 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 Om Final Documents nor will you utilize Om Final Documents in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so. Om retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or Om Final Documents or Website at its discretion.
- Guarantees: All guarantees are subject to any limitations specified in any Om Final Documents. Guarantees are only available to customers who paid for the product after the guarantee is claimed and are not available on free promotions. For a guarantee to apply to a Final Document, it must be explicitly promoted on the Om Website at the time of payment. A customer is only entitled to one Guarantee claim relating to one Guarantee category of one product. Should a customer accept a Guarantee related payment from Om, they waive their right to any additional claims against Om regarding any Guarantee unless otherwise agreed to in writing. Om has no obligation to refund one time purchases.
- Fees Not Included in Purchase: Except where we have clearly stated that an applicable government fee has been waived or is included with your purchase, you will always be charged applicable government fees in addition to your purchase. The total amount of any additional fees will be shown to you before you complete your purchase.
- No Solicitor-Client Relationship: We are a technology company that provides tools for Users to complete and manage documents. We are not a law firm. We do not offer legal representation, legal advice, legal services, referrals or recommendations. There is no solicitor-client relationship between you and us. Before completing any task on the Website, you are encouraged to obtain outside professional assistance from someone qualified to provide legal advice in your jurisdiction.
- Content is for Information Only: Content on the Website is not legal advice and is provided for general informational purposes only. As such, our Content is not a replacement for legal advice from a qualified legal professional related to your specific circumstances.
- Price Increases: Any changes to our fees and pricing, may result in loss of access to features, services and the ability to access your account. You will be informed in a reasonable manner regarding any price increases.
- Responsibility for Processing Fees: If at any time, you require Om to initiate a payment to you, you will be responsible for any payment processing fees incurred by Om Such processing fees will be automatically deducted from any payment before it is released to you.
- Endorsements: Om does not endorse any content provided by any linked sites, nor does is assume any responsibility for the interpretation or application of any information originating from such content. In addition, Om does not endorse any content contained in any advertising on the Website, not does it assume any responsibility for the quality or integrity of such work.
- Browser Compatibility: While we have worked to make our Website and all the features on our Website compatible with the most commonly used browsers, we cannot represent or guarantee that every feature will work with your browser.