Terms and Conditions
Please read these terms and conditions carefully before using this site or storing your documents with Legal Docs Depository.
By using Legal Docs Depository, LLC and/or LegalDocsDepository.com (“the site”) or storing any documents with Legal Docs Depository, you agree to follow and be bound by these terms and conditions (the “Terms and Conditions”) and all applicable laws and regulations. The word “you” and “your” refer to each customer and any power of attorney, attorney, agent, authorized representative or any other person acting on behalf of the customer, “we,” “us,” “our,” refer to LegalDocsDepository.com and Legal Docs Depository LLC. “Services” refer to all services provided by us.
You must be 18 years or older to use this site and the services of Legal Docs Depository LLC.
Terms and Conditions May Change. These terms and conditions may be revised from time to time and may change substantially from the last time you reviewed them. It is your responsibility to review the terms and conditions periodically; especially if you are storing documents with Legal Docs Depository. If at any time you find that you do not agree with the terms and conditions, please do not use this site and request that Legal Docs Depository provide you with any documents that are being stored on your behalf.
Who We Are. Legal Docs Depository provides various methods of keeping original signed documents secure for our customers. Additionally, these documents may be scanned and kept on a secure database, which is username and password protected (see “Document Viewing Service”). This allows the original hard copies to remain protected. It gives easy access to customers to view their documents online electronically, share their documents and to print copies from our database.
We are Not a Law Firm. We are not a law firm and cannot give legal advice regarding any documents you store or wish to store with Legal Docs Depository. Specifically, we cannot advise as to whether documents are valid or enforceable in a particular state or that they achieve what the document purports to achieve, or that any of your documents will help accomplish your wishes.
No Attorney-Client Privilege. If the question regarding legality of your documents should arise, you should consult with an attorney to assist you in the answers to these questions. In the event you do not have an attorney or wish for Legal Docs Depository LLC to assist you in finding an attorney, we may assist you. At no time, whether or not Legal Docs Depository LLC has assisted you in locating an attorney, will any attorney-client privilege be established between you and Legal Docs Depository LLC. Any services, opinions, communication regarding legal services will be solely between you and the attorney or attorneys assisting you. Whether or not you use the services of an attorney, you understand that Legal Docs Depository LLC will not be liable for damages associated with the invalidity, unenforceability, or non compatibility of your documents and wishes of any of the documents stored with Legal Docs Depository LLC.
Digital Media and Confidential Documents. We do store digital media such as DVDs, flash drives, hard drives, and digital documents, pictures, and videos stored by other mediums. A client can also present to us a sealed folder, bag, or box on which we can place a confidentiality notice where we will not open the folder, bag, or box. If digital media or a confidential package is left with us, you agree that you cannot store anything considered illegal under federal, state, or local law and that your storage of such items is a violation of our agreement. We are not held liable for any actions arising from our storage of such items.
Cash, Guns, Jewelry and Other Items of Value. Understand that we do not store cash, jewelry, guns, or anything with intrinsic or face value, and we do not provide content insurance for any items.
Storage. If we are storing your documents, you will pay us an annual fee in advance. We can change the annual fee after the first year. If the storage fee or other storage indebtedness is not timely paid, we may at our option hold your documents until the debt is paid or mail the documents to you and/or we may move your documents to a less secure location to reduce costs. In the event we decide to mail the documents to you, we may still require that the indebtedness be paid. You authorize us to pursue the debt through litigation against you, or as a creditor’s claim in any probate of your estate, claim to any trustee of any trust in which you are a trustor, or by any other means necessary to satisfy the indebtedness. You agree to pay the indebtedness and costs associated with litigation, attorney fees, costs and costs of locating you.
Access to Your Original Documents. The days and times when you will have access to your original documents and your means of access will depend upon our security procedures which we can change from time to time, the details of your specific request at the time you are requesting access to your documents, weather, time of day, day, and couriers available for delivery. Such security procedures can include passwords, pins, signatures, finger and/or handprints, photo identification, ability to be photographed or other safeguards. We will provide you in writing (via our website) information and guidance regarding our security procedures, including changes. You, your representatives, or attorneys-in-fact will not have direct access to our secure facility where your documents are stored. Only persons employed by or at the request of or acting on behalf of Legal Docs Depository LLC will have access to the storage facility where your documents are stored.
Our Responsibilities. We promise to exercise reasonable care in the storage of your documents and safeguarding of the digital images of what you are storing with us. Considering the destructive powers of hurricanes, landslides, tornadoes, floods, fires, and the creativity of thieves, it is impossible for us to guarantee the absolute safety of your documents from natural disasters or theft. Therefore, except as otherwise required by law, it is agreed that our responsibilities and liabilities:
a) will not extend beyond the exercise of reasonable care,
b) will not result in any presumptions adverse to us, or in our having the burden of proof, persuasion, or coming forth with evidence at any state of any litigation regarding the storage of your documents, or their loss, damage, or destruction; and will not extend beyond the monetary value of the amount you paid for storage in the year that any issue arises.
In no event will our liability exceed any applicable statutory maximum.
Joint Tenants. If this agreement has two or more persons as a part of the agreement, they are joint tenants with respect to the documents stored by us. If any of you dies, the surviving person and only the surviving person will have rights under this agreement. If there are two or more survivors, their rights under this agreement and to the documents will be held in joint tenancy with right of survivorship. Nothing in this paragraph, however, will determine or affect the ownership of the contents being stored by us or preclude any statutory right of access to the documents upon the death of you.
Corporations, Partnerships, Associations, Organizations. If you are a corporation, partnership, association, or other organization, you will at our request provide us with a statement in a form satisfactory to us of your board of directors or other governing body indicating authority to enter into this agreement and to appoint agents or authorized persons.
Contents Not Insured. Contents stored by us are not insured by us or any government insurance program. Our not insuring the contents does not constitute a failure to exercise reasonable care. If you want the contents to be insured, you will have to arrange for your own insurance at your own expense. If the contents or documents have been prepared for you by an attorney, it might be best for you to inquire of that attorney as to whether a digital unsigned copy can be obtained by you so that they can be reprinted and signed in the event that the originals are lost or destroyed.
No Illegal Items. You will not store any illegal items with us, including (but not limited to) any items that have been obtained illegally through theft, fraud, extortion or duress.
Death, Incapacity, Dissolution, or Bankruptcy. You agree to give us notice in writing of the death, disability, or incapacity of, or any dissolution, separation, annulment, or bankruptcy proceedings regarding any of you as soon as such knowledge is obtained.
Security Procedures. When you make a request to receive your documents, you agree that we have the right to require a government issued photo identification of you. You agree that we may or may not require that the government issued photo ID be valid at the time we are using it for verifying your identity. You agree that in the event we use a government issued identification card that is not valid at the time, that we are not liable for any damages that may arise as a result of us relying on that invalid government issued identification.
You agree that we may photograph you upon you storing documents with us and again prior to providing you with your original documents. You agree we may also require that you provide a fingerprint, multiple fingerprints, palm or handprint at the time that we provide you with your original documents. You also agree that we may require that you or your representatives sign a statement that states that you (or your representatives) are taking possession of your original documents.
If someone other than you is obtaining your original documents on your behalf, we may or may not require that they also sign a statement that they are obtaining these original documents for your benefit and/or at your request. You also agree that if we are unsure whether a person other than yourself is requesting the documents with proper motives, we have a right to deny that person your documents even if they are listed as your representative, provide proper identification, allow themselves to be fingerprinted, hand-printed or palm-printed. If we do refuse to provide your documents to someone other than yourself, you agree that we will have no liability whatsoever for such refusal or any damages associated from such refusal. This denial of liability includes, but is not limited to, any costs of litigation, attorney fees, interest, and any other claim of damage.
Litigation Concerning Your Documents. We have no obligation to challenge the validity of, and are entitled to comply with, any court or administrative order with respect to the storage of your documents. You will pay our reasonable expenses, including attorneys’ fees in the event we become involved in a dispute or litigation concerning the storage of your documents, release of documents, and/or refusal or failure to release documents.
Termination and Removal of Contents. Unless otherwise provided by law:
a) either you or any of you or we can terminate this agreement for default by written
notice, which will be immediately effective.
b) either you or any of you or we can terminate this agreement for any other
reason by 30 days advance written notice;
c) upon termination you will immediately take possession at the earliest
moment we are able to provide your documents to you and you pay any unpaid balance.
Any of you can sign the termination acknowledgement section of this agreement on behalf of all of you.
Past Due Payment. In the event that amounts are due by you and after 30 days the indebtedness by you is not satisfied, and if you refuse to take possession of your documents and if we decide to mail the documents to you, and if those documents are returned, then one year following your, your attorney-in-fact, or agent’s refusal to obtain the documents, or one year after we have mailed the documents to you and they have been received back by us as undeliverable (whichever date is shorter), we have a right to destroy whatever documents we are holding for you. We agree to destroy the documents and to not sell or give the documents to any other person or entity. You agree that we are not required to hold onto or remain in possession of your documents if there is indebtedness by you.
Updating Us With Your Information. You agree to notify us of any change in your contact information as promptly as possible. You should make this notification to us in writing. This communication in writing must be by mail or email. You may not provide this information in writing by cell phone message or through the use of any social media.
We, upon receiving written notice of your change of contact information, may require additional proof that you are the person that sent us the written communication. We may do this by further written communication, phone call, and if we in our sole discretion believe circumstances require, may require a face-to-face meeting to verify that you do wish to change your contact information.
If your contact information is changed by one of your “authorized persons” or representative, we may require that you or your authorized person provide additional proof to us that it is your intent that your contact information change. We are not required to make further inquiry, but will use reasonable care in determining that this change or request is at your request or the request of your authorized person.
Our Notifications to You. From time to time, we may send out notifications to you by any means indicated by you as a way to contact you. We may call you or have an automated phone call made to you, email you, text you, or send you a letter in the mail asking you to verify your contact information. This is done not only for security purposes but to assist you and your family in the event of your disability or death.
Legal Services. Legal Docs Depository LLC is not a law firm nor does it perform legal work. It works with attorneys and law firms to have customers’ wills, trusts and other legal documents reviewed, created, or amended. Any arrangement made for any legal work to be done on behalf of the customer will be done solely through the customer and the attorney. You understand that you are not required to have any legal work performed to store your documents with us. In addition, you understand that there is no requirement that you use the attorney, attorneys, or law firms or others recommended by us.
Limitation of Liability and Indemnification. Except as prohibited by law, you will hold harmless Legal Docs Depository LLC, its owners, managers, employees and agents for any direct, indirect punitive damages, attorney fees and costs, or any other damages or claims arising from any concern, claim, litigation, arbitration, appeal or other, whether related to any type of claim such as breach of contract, tort, property loss, invasion of privacy, negligence arising out of or in connection with this agreement, storage of your documents, scanning or uploading of your documents, mailing or couriering your documents, or any other services, actions, or inactions of Legal Docs Depository LLC and any violation by Legal Docs Depository LLC of any federal, state, or local laws, statutes, rules, or regulations except as prohibited by law.
If there is any liability found on the part of Legal Docs Depository LLC, it will be limited to the amount paid for the services provided by Legal Docs Depository LLC during the year of issue and under no circumstances will there be any other damages. Some states do not allow for the exclusion of some types of damages and so any limitation of damage may not apply to you.
Right To Refuse Storage. Legal Docs Depository LLC reserves the right to refuse storage of all or part of a customer’s documents and or to discontinue the storage of all or part of a client’s documents and or the right to refuse to scan and or upload and make any client’s digital copies available on our Document Viewing Service.
My Security Questions. When you store documents with us, you are required to fill out “My Security Questions.” This document must be printed and filled out and signed by you. As stated in the storage agreement, it is recommended that this original document be placed with your documents when they are deposited with us. You should not make a copy of this document. If you allow this document to be found or share the information contained on this document with others, you understand that it weakens our security and ability to protect your documents.
You agree that the information placed by you on the “My Security Questions” may be used by us to verify your identity and that if this information is used to verify your identity and if it is determined later that the person requesting your documents was in fact not you and that we had relied on the information contained on the “My Security Questions” sheet and the person requesting your records had provided information that led us to believe they were you, then we have no liability for the release of some or all of your documents to that person.
Our security procedures extend beyond “My Security Questions.” However, if someone is able to breach our security and obtain your original documents despite out efforts, then we are not held liable for the release of any of your documents.
An Attorney-In-Fact or Agents. We may not honor powers of attorney, financial powers of attorney or any document purportedly signed by you establishing an attorney-in-fact or agent. This is due to the fact that the revocation of a power of attorney is hard to determine. In addition, it is not known whether you may have signed a subsequent power of attorney revoking the power of attorney that someone is attempting to use on your behalf. Our storage agreement allows you to name “authorized persons” which will work substantially in the same way as a power of attorney, but will only be binding in the context of your agreement with us.
Authorized Person. When you store documents with us, you will fill out and sign the storage agreement. On the storage agreement, you will state “authorized persons” to receive your documents. You must include at least one authorized person. This is done so that in the event of your death or disability there is someone able to retrieve your documents from us. Your authorized person may be friends, family, your CPA, your attorney, or any other person or entity.
If a request for your original documents is made by one of your authorized persons, we may at our option still attempt to contact you to verify if this is your wish. This is done to help ensure that anyone requesting your records is doing so to assist you.
Review of Your Documents by an Attorney. Since Legal Docs Depository LLC stores legal documents, clients can have questions about whether the documents they are storing are valid in a particular state, appear to be executed correctly, or whether the particular document they are storing is right for them based on their situation.
We are not a law firm and therefore cannot give legal advice. Since these questions do arise, we recommend that clients have their documents reviewed by the appropriate professional, whether those professionals be attorneys, CPAs, life insurance agents, or the like. We do have agreements with certain professionals who have agreed to review certain documents of our clients for free.
How to Have Your Documents Reviewed. When you store your documents with us, you will sign the storage agreement and on that agreement is a place for you to indicate that you would like to have your documents reviewed. The review is free. If the documents are of such volume or uniqueness or complexity that a free review is not possible, then the appropriate professional will let you know. You may then take the information you’ve learned and do as you wish. For example: If you need changes to your trust or Buy-Sell Agreement, you may contact any professional of your choice and work with them or you may work with the professional who performed the review.
Legal Docs Depository LLC is not involved in those communications or any relationship you may have with the professionals.
Who Will Do the Review? Because of the decision of what type of professional to use could itself be a question for an attorney or other professional, and because we are not a law firm, any request you may make to have an attorney review your documents means that we will forward your request for review to an attorney who would then make a decision of whom and what type of professional is needed for your document review. This attorney is referred to as the “initial attorney.”
This initial attorney will be through Sullivent & Associates PLLC, d.b.a. Sullivent Law Firm. One of the attorneys with Sullivent Law firm is a principal of Legal Docs Depository LLC.
If you choose to have us share electronic copies of your documents with an attorney of our choosing, you agree that any action or inaction, creation or amendment of document or advice that you destroy any document, will not create any liability on the part of Legal Docs Depository LLC. Any payments you make to any attorney will solely be between you and that attorney.
Review of Insurance Policies. If you have requested that any of your insurance policies be sent to a professional, whether a professional of your choice or a professional selected by the initial attorney, you agree that the actions between you and that professional are solely between you and the professional and not between you and Legal Docs Depository LLC. Therefore, Legal Docs Depository LLC has no liability for the writing of any policy, the canceling of any policy, the failure to write any policy, or the referral of you to any professional.
If you request that we share digital copies of your insurance policies with professionals of our choice, you agree that any advice or communication between you and those professionals is solely between you and those professionals. Any decision to maintain any current policies you may have, amend or change any current policies you may have or whether to substitute or add any insurance policy is solely between you and those professionals. We have no liability for any advice or communication between you and that professional or your reliance on any such communication or advice that you maintain, amend or change or add any insurance policy. We therefore have no liability associated with any such advice, communications, actions, or inactions of you or any professionals in regards to your insurance policies.
Links to Third-party Sites. In the event Legal Docs Depository LLC’s website contains any links to third-party sites, those sites are not affiliated with Legal Docs Depository LLC, and as such Legal Docs Depository LLC has no control nor any liability associated with your interactions with any of these third-party sites. Legal Docs Depository LLC has no expressed or implied warranties associated with any third-party sites. Anyone who follows a link from Legal Doc Depository LLC’s website to another website does so at their own risk.
Testimonials. The people on the site are real and have given their permission to post the testimonial. Initials are used to protect their identity. The testimonial itself may have been shorted or edited for purposes of the site. The testimonial given should not be relied upon in determining whether to use Legal Docs Depository.
Changes or Modifications to Terms and Conditions. In using the services of Legal Docs Depository LLC, you agree to be bound by any modifications or changes to any content contained on the website, specifically included but not limited to the terms and conditions. If there is any conflict in the language of the website, including but not limited to the terms and conditions that were in place at the time that you began using Legal Docs Depository LLC or at any time that you used Legal Docs Depository LLC and the most current modifications and changes to the website, included but not limited to the terms and conditions, then at the option of Legal Docs Depository the current content of the website, including but not limited to the terms and conditions, will govern.
No Insurance. Legal Docs Depository, LLC does not insure your contents. Estimating the cost of documents that are stored with Legal Docs Depository LLC is not easy. In some instances what is stored with Legal Docs Depository LLC may be kept private by the customers; therefore, ascertaining the value of what is being stored with Legal Docs Depository LLC is not possible. It is recommended that the client insure their documents and other contents, and create and keep a copy and an additional unsigned version of their legal documents at a separate location that may be re-signed in the event the originals are lost, stolen or destroyed.
If the customer has chosen to have Legal Docs Depository LLC scan and upload their documents to the Document Viewing Service, then what we are holding would be visible on the Document Viewing Service. In some instances those documents may be able to be printed and re-executed. In other instances that will not be an option. Regardless, Legal Docs Depository LLC does not provide insurance for any contents held on behalf of any customer.
Document Viewing Service. Legal Docs Depository LLC grants you and anyone you wish to share your username and password or link to your documents permission to print, download or take screen shots of your account page, any of your documents which are viewable and any pages of your documents which are viewable. Any unauthorized use of the service to view anyone’s account, documents or pages of their documents is expressly prohibited and may violate copyright laws, privacy laws, trademark laws, and other federal, state and local laws
Document Viewing Service may contain a list of your documents or contain the actual pages of your documents stored with Legal Docs Depository LLC. Although the database used by Legal Docs Depository LLC is encrypted, it is not impossible for some person to hack the database and gain access to the digital copies of your documents. Security is our primary focus and that is why we have chosen such a high level of security for our database; however, you should know that even with that level of security someone could gain access to the digital copies of your documents and therefore view the information contained on your documents.
In addition, even if you have chosen not to have a list of your documents and/or the actual pages of your documents viewable on our Document Viewing Service, but your documents have been scanned and uploaded they may still be on our database and therefore accessible to anyone that may hack into our database. If you have chosen to have your documents scanned and uploaded at any point, they would most likely be visible to anyone that would hack into the database whether or not they are currently viewable through your username and password.
If your documents have been scanned and uploaded at any point and you no longer wish for the digital copies of your documents to be contained on our database, you should contact us and advise us to scrub the database of your documents. With the advances and changes in technologies, we cannot guarantee that the scrubbing of the database would in fact make the documents completely inaccessible by someone who may hack into the database in the future.
As a standard procedure, if someone discontinues storage services with us, we do not remove their information from the database. This is done so that in the event questions should arise as to what we were storing with a particular customer, we would have the information available to assist us in answering that question. However, the fact that our standard procedure is to not remove digital copies of our customers’ documents from the database is not in any way a guarantee that we will maintain digital copies of our customers’ documents. There is no liability for Legal Docs Depository LLC if:
1. our database is hacked or compromised,
2. client asks us to delete their documents from the database and we fail to do so,
3. we delete client’s documents from our database.
Access to Your Documents Through Our Electronic Database. You agree to use care in providing your username and password to others so as to not allow access to your confidential documents stored with us. You agree to not hold us liable for any damages you may allege due to access of the digital image of the documents held by us.
Right of Review. You understand by agreeing to these terms and conditions that you have a right to have these Terms and Conditions reviewed by an attorney.
Acceptance by Using Any of Legal Docs Depository LLC’s Services. You acknowledge and agree that you have read and agree to these terms and conditions.