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TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY PRIOR TO USING THE VIRGINIAHOMESTEADDEED.COM WEBSITE (THE “SITE”).

In these Terms and Conditions of Use and Privacy Policy, the words “you” and “your” refer to each customer, Site visitor or Site application user.  “We”, “us” and “our” refers to The Merna Law Group, P.C., a corporation organized under the laws of, and duly licensed to practice law in, the Commonwealth of Virginia.

YOUR USE OF THE VIRGINIAHOMESTEADDEED.COM AND ANY AFFILIATED WEBSITES LINKED TO THIS PAGE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY, YOU MUST NOT USE AND MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

Unless otherwise stated, the solutions AND SERVICES featured on the site are only available within the state of Virginia.  All advertising is intended solely for residents of the state of Virginia.

The Site materials ARE NOT LEGAL ADVICE. The use of or reliance on information contained in the site does not constitute the establishment of a lawyer-client relationship.  WE encourage you to seek the counsel of an attorney to determine the need for a VIRGINIA homestead deed and to discuss any legal issues that may affect the protection of your property and the filing of a homestead deed before you make any purchase on the site.

YOU AGREE BY USING THE SITE, ANY SITE SOLUTIONS OR SERVICES THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A BINDING CONTRACT.

Terms and Conditions of Use

Please also refer to our Privacy Policy, Purchase Agreement and Limited Engagement Agreement for Electronic Consultation with Attorney to Review Self-Generated Homestead Deed each of which are incorporated herein by reference upon your election to utilize our self-generated deed software or our attorney assistance services.

VirginiaHomesteadDeeds.com is an online solution made available by us to you; primarily, the Site provides an automated software solution (the “Solution”) to individuals who elect to prepare their own Virginia Homestead Deed.  The Site is an advertisement and the materials herein are provided for informational purposes only.  Any information contained in the Site or linked to or from the Site is intended to be accurate, adequate, complete and current.  However, none of our content or any content linked to or from the Site is legal advice, recommendations, mediation or counseling under any circumstance.  We make no promise, warranty or guaranty that this information is accurate, adequate, complete or current.  The Site is not intended to be a source of solicitation or legal advice; as such, you should not consider this information an invitation for to commence an attorney-client relationship, binding relationship or contractual agreement with us.  The information contained on the Site is intended to educate members of the public generally and is not intended to provide solutions to an individual’s unique personal problems, situations or circumstances.  You must know that the law varies from jurisdiction to jurisdiction; the information provided on the Site pertains to matters of Virginia law.

Use of Our Self-Generated Deed Software Is Not Legal Advice.

We are a law firm, however, the use of our form completion software solution provided on the Site is not intended to constitute legal advice.  The Site only provides assistance in how to organize and self-prepare a Virginia Homestead Deed.  Unless you elect the “Attorney Assistance” option, no attorney-client relationship is created through your use of the Site, and none of the information you submit to the Site is treated as confidential since all information you enter using the Solution is intended to filed in the public domain.  When you create legal documents through the Site you are, and will be, representing yourself in legal matters undertaken through use of the Solution.  In order to gain legal advice directly from an attorney, you must take advantage of the “Attorney Assistance” option for paid legal consultation with an attorney.  You are cautioned not to attempt to solve individual problems solely on the basis of information contained on the Site.  We strongly recommend that you seek competent legal counsel in your own state before acting upon or relying on information on the Site.  The Site should not be used as a substitute for competent legal advice from a licensed attorney.  Unless you elect the “Attorney Assistance” option, at no time do we review the information you provide for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, or strategies, or apply the law to the facts of your particular problem, situation or circumstance.  Your use of information on the Site or materials linked to or from the Web Site is entirely at your own risk. Not seeking advice of a licensed attorney is not a defense to error or omissions. 

Ownership.

The Site and Solution are owned and operated by us.  All right, title and interest in and to the materials provided on the Site and Solution, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by us or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by us, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on the Site or the Solution shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication or otherwise.  Any rights not expressly granted herein are reserved by us.

Limited License To Access and Use the Site.

You are granted a limited, personal non-exclusive, non-transferable, revocable license (1) to access and use the Site strictly in accordance with these Terms and Conditions of Use; (2) to use the Site solely for internal, personal, non-commercial purposes; and (3) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein.

Restrictions and Prohibitions on Your Access and Use.

Your license to access and use the Site is subject to the following restrictions and prohibitions. You may not (1) copy, print (except for the express limited purpose permitted in the immediately preceding paragraph), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any information or materials retrieved therefrom; (2) use of any materials from the Site to develop, or as a component of, an information storage and retrieval system, database, infobase or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of the Site or any other materials from the Site; (4) use the Site or any materials from the Site in any manner that may infringe any of copyright, intellectual property right, proprietary right, or property right owned by us, affiliated attorneys or any third parties; (5) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (6) make any portion of the Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Site; (8) decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (9) use any automatic or manual process to harvest information from the Site; (10) use the Site for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of our name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Site in a manner that violates any state or Federal law regulating commercial email, facsimile transmissions or telephone solicitations; or (12) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws and regulations of the United States.

We do not authorize the use of the Site for purpose of gathering information for or transmitting unsolicited bulk commercial email over the Internet to listees, affiliated attorneys or other third parties. Internet email sent to or through our computer systems or to listees, affiliates or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through our computer systems is strictly prohibited. Email that is relayed to or through our computer systems from a third party’s mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. We prohibit anyone from sending email to or through our computer systems that violates these Terms and Conditions of Use.  We further prohibit the harvesting of email addresses from the Site for the purpose of sending unsolicited bulk commercial email.

The limited licenses and permissions granted to you by us above terminate immediately and automatically if you breach any of the Terms and conditions of Use.  Upon any termination, you agree to destroy any downloaded or printed materials.  Any unauthorized use of any materials contained on the Site or the Solution may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

Certain sections of the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information, even if the feature permits you to post a question anonymously or interact using a screen name. It is your responsibility to inform us of any changes to that information by emailing homestead@mernalaw.com.

Each registration (including username and password) is for your personal use only, unless specifically designated otherwise on the registration page. We do not authorize (a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for maintaining the confidentiality of your password and preventing such unauthorized use of your username and password.  You may not use a third party’s account, username or password at any time.  We will not be liable for any losses you incur as a result of anyone else’s use of your account or password, either with or without your knowledge.  Further, you may be held liable for any losses incurred by use, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.  If you believe there has been unauthorized use, you must notify us immediately by emailing homestead@mernalaw.com.

In connection with the use the Site and the Solution, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy.  In addition, you grant us a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the Solution.  You may revoke this license and terminate rights held by the us at any time by removing your personal information or contacting us at homestead@mernalaw.com.

Use of the Self-Generated Deed Software Solution.

On the Site, through our Solution, and through certain partners, we offer self-help “fill in the blank” forms to self-prepare a Virginia Homestead Deed. If you purchase a self-generated document or download a form on the Site or the Solution, these Terms and Conditions of Use control. You understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular need, problem, situation or circumstance.  YOU ACKNOWLEDGE AND AGREE THAT WE WILL BE PERMITTED SEVENTY-TWO (72) HOURS FROM THE TIME YOU GIVE US NOTICE OF ANY DEFECT IN YOUR SELF-PREPARED VIRGINIA HOMESTEAD DEED TO CORRECT THOSE DEFECTS.

Links to Third Party Sites.

The Site and the Solution may contain links to websites controlled by parties other than us (each a "Third Party Site"). From time to time, we may work with any number of partners and affiliates whose sites are linked with the Site.  We may also provide links to other citations or resources with whom we are not affiliated.  We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites.  We make no guarantee about the content or quality of the products or services provided by such websites.  We are not responsible for any form of transmission received from any Third Party Site.  We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Third Party Site, nor does it imply that we sponsor, are affiliated or associated with, guaranty, or are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that we are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

Transmissions of Your Information.

You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.  For further information, please review our Privacy Policy.

Use of Payment Processing Companies.

VirginiaHomesteadDeed.com may use PayPal, Inc., or another payment processing company, for merchant services such as payment processing and therefore relies on their security representations.  You agree to hold us and our affiliates and staff harmless for any error, security breaches, or mishandling of your personal information by the payment processor.

Consent to Contact.

As part of your agreement to the Terms and Conditions of Use of the Site, which includes forms submissions, contact information, or any use of the information on the Site, you agree to accept contact from The Merna Law Group, P.C., it’s employees, agents and affiliates via any communications method whether provided directly to The Merna Law Group, P.C. or via a third party agent or affiliate of The Merna Law Group, P.C. to include e-mail, voice contact, chat communications, text message, postal mail, and any other electronic method.  Where possible, compliance with the CANN-SPAM Act will provide opt-out options to terminate any contact.  You further agree that such opt-out options are not required.  You agree to use opt-out options provided in the communication.  However, in the event such opt-out options are not included in the communications you may opt-out by sending a communication directly to marketing@mernalaw.com with the subject line “Opt Out”.  You further acknowledge that many of the communications may be advertising related or include advertising information.  You acknowledge and agree that you have been informed that all communications between The Merna Law Group, P.C. and yourself may include advertising and/or marketing material for our services or that of our affiliates.  As part of your agreement to the Terms and Conditions of Use of the Site, you acknowledge that you have been informed that all materials on the Site, including blogs, and any communications generated are “LEGAL ADVERTISEMENT” and waive any further notice of this fact.  Additionally, by providing your contact information to The Merna Law Group, P.C. via the use of the Site or Site information you consent to the Terms and Conditions of Use and to further marketing and non-marketing communications by The Merna Law Group, P.C. and its affiliates. 

Force Majeure.

Neither you or we shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.  If either you or we are affected by such event, the affected party shall forthwith inform the unaffected party of such event and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained on the Site or entered into between you and us in connection with the use of the Site.

DISCLAIMER: THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THE SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not warrant or represent that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable.  We may make improvements and/or changes to its features, functionality, pricing, or content of the Site at any time without prior notice to you.

We reserve the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

You are solely liable for any content, messages or other information you transmit, provide or upload to the Site. You agree to indemnify and hold us harmless from any third party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the Site, or your violation of any rights of a third party.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the our web sites and their features.

These Terms and Conditions of Use are governed by and construed in accordance with the laws of the Commonwealth of Virginia and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Virginia and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.  FOR THE PURPOSE OF ANY LEGAL DISPUTE IT IS AGREED THAT THE CONTRACTUAL LEGAL VENUE WILL BE THE CITY OF VIRGINIA BEACH, VIRGINIA.

These Terms and Conditions of Use incorporate by reference all agreements, notices and disclaimers contained on the Site, including the Privacy Policy, and constitute the entire agreement between you and us with respect to access to and use of the Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

We reserve the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on the Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Site after any such changes constitutes your consent to such changes.

Privacy Policy

We created VirginiaHomesteadDeed.com with the mission of providing you access to the production of high quality Virginia Homestead deeds, and, should you elect “Attorney Assistance”, professional, affordable and convenient legal services. Furthermore, even if you do not elect “Attorney Assistance”, we and our affiliates, including vanity URL’s owned by us, respect your privacy and permit you to control the treatment of your personal information.  Unless you elect “Attorney Assistance” and communicate directly with an attorney, none of your personal information will be covered by the attorney-client privilege.

What Information Is Collected By VirginiaHomesteadDeed.com?

VirginiaHomesteadDeed.com collects certain information from and about its users in three ways: (1) directly from the user, (2) from our Web server logs, and (3) with cookies.

When you enter data on the Site this information is stored and used to assist in responding to your requests.  This information may be shared with our affiliates or third parties in order to ultimately connect you with a legal service provider.  You retain control of your personal information by not providing information you do not wish to share.  Limiting the information you provide may also limit the services available.

Additionally, IP (Internet Protocol) addresses are collected when you visit the Site, which include the time of the visit, referring location, and tracking information.  Also, at times verification may be received that you have received and opened an e-mail.

When you visit any website, including VirginiaHomesteadDeed.com and other URL owned and supported us, cookies are stored on your web browser and can later be accessed by us. These cookies assist in providing additional advertising exposure to you.  Your use of the Site expressly accepts these cookies.  Should you wish to not participate in such advertising please discontinue the use of the site and opt-out by visiting:

http://www.networkadvertising.org/choices/#completed.

In the event that you opt-out of such advertising practices you are advised not to return to any of our websites. Your license is expressly revoked to use the Site for any future communication or investigation.

We cannot ensure or warrant the security of any personal information you transmit to us.  Ultimately, you are responsible for maintain the security and secrecy of any information you do not wish to disclose including any passwords or personal account information.

How And When Information Is Used?

We use the information collected to assist you in the self-preparation of Virginia Homestead Deeds and, provide legal services to you, if you so elect, and/or connect you with affiliates or third parties who may be better geographically situated or qualified to assist you in achieving you legal goals.

When you submit information to us and our affiliate websites or to our staff or attorneys of in any electronic or Internet source, you agree to allow us to send your information to attorneys who may be better geographically situated or better qualified to assist you. Affiliated attorneys and third party attorneys may have different privacy and data collection policies. We have no control and accept no liability for the policies and procedures of their affiliates and warn you to stay current on the terms of use and privacy policy of each individual you interact with through affiliation or referral by us.

Information you provide to us will be used to respond to your inquires and contact you regarding our products and services and those of our affiliates and third parties. We may send you targeted promotional material to inform you of products and services you may be interested in.  You may opt out of receiving this information by notifying us by e-mail at marketing@mernalaw.com or by mail to The Merna Law Group, P.C. Attn: Marketing Department, 3623 Virginia Beach Boulevard, Virginia Beach, VA 23452.

The Merna Law Group, P.C. may also disclose your information in special cases when we believe release is appropriate to comply with the law or a subpoena, to enforce or apply our Terms and Conditions of Use and other agreements, or to protect the rights, property, or safety of The Merna Law Group, P.C., our staff and attorneys, our Site users, or others.

We strive to make certain that our servers and connections incorporate the latest encryption and security devices. We have implemented physical, electronic, and managerial procedures to safeguard and secure the information we collect.  Unfortunately, no data transmission is guaranteed to be 100% secure and we therefore cannot guarantee the security of information you transmit to or from the Site, the Solution, or through the use of our services, and you provide this information at your own risk. ACCORDINGLY, WE DISCLAIM LIABILITY FOR THE THEFT, LOSS, OR INTERCEPTION OF, OR UNAUTHORIZED ACCESS OR DAMAGE TO, YOUR DATA OR COMMUNICATIONS BY USING THE SITE, APPLICATIONS, AND OUR SERVICES. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ASSUME THESE RISKS.

In the event of the sale or transfer of any or all assets of The Merna Law Group, P.C. all information including information collected from users will be sold and/or transferred as a business asset.

Finally, in the event an attorney-client relationship is established, nothing contained in this Terms & Conditions of Use or otherwise advertised on this website shall constitute a waiver of liability for legal malpractice or the application of the Virginia Rules of Professional Conduct.

If you should have any questions or comments please direct them to marketing@mernalaw.com.

Revised 8/29/2015

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