Peachtree ESQ, Inc.
Terms of Service
You must be the legal age of majority in Georgia or otherwise able to form a binding contract with Peachtree ESQ, Inc. in order to use the Services no user under the age of 18 is permitted to use our services.
Also, for users who retain the law firm known as Peachtree Esquire Lawyers, PC, you will also be governed by the terms of that organization.
If there is any conflict between these Terms and the terms of your agreement with Peachtree Esquire Lawyers, PC, the terms of Peachtree Esquire Lawyers, PC govern in relation to services provided by Peachtree Esquire Lawyers, PC.
Throughout this agreement, “you” is defined as the person using Peachtree ESQ, Inc. and may be interchanged with “the user.” Likewise, “we” is defined as Peachtree ESQ, Inc. and it may be used interchangeable with “us” and the business name “Peachtree ESQ, Inc.” itself.
- Peachtree ESQ, Inc Refunds
If you believe you have been billed in error, please contact our office by email at [email protected] immediately so that we can resolve the issue and/or provide a refund.
Refund requests must be made within 30 days of collection of your payment. For annual subscriptions, your refund will be prorated for the time remaining on your subscription.
NOTE: We are not able to refund any funds you have paid to Peachtree Esquire Lawyers, PC as they are a separate company and an actual law firm which is independent of Peachtree ESQ, Inc. Likewise, we are not able to refund any funds you have paid to third party companies or attorneys.
- Free trials, Premium Accounts, and Auto-Renewals
Peachtree ESQ, Inc. provides trial offers for limited time use of its Services (“Trial Offer”) to new customers who furnish an effective payment instrument. If you, the user, make use of our Trial Offer, you will join the paid membership plan known as the premium account at the end of the Trial Offer and you also authorize Peachtree ESQ, Inc. to charge your payment instrument a monthly or annual fee to maintaining your account. Please visit our “Plans & Services” page for more details about what is included in the premium plan (i.e., the monthly subscription plan) and the regular plan. You should note that we maintain the right to change our pricing but such changes will not apply to previously billed services.
Peachtree ESQ, Inc. may charge you at the end of the trial or for a premium membership renewal unless you cancel your membership beforehand.
As a courtesy, Peachtree ESQ, Inc. (or its third-party fund transfer company) may store your payment method for your future purchases. If we are ever unable to collect payment, we may downgrade your premium plan to a regular plan or suspend your premium membership until your designated payment method can be charged again. It is your responsibility to maintain a reliable payment method with Peachtree ESQ, Inc.
Also, when you sign up for a free trial, we’ll convert you to a premium (i.e., paid) membership at the end of your trial unless you cancel first. Premium memberships renew each month.
- Cancelling a subscription
To cancel your membership subscription, click on the “Manage Subscriptions” link found in the “My Vault” page and follow the instructions provided to cancel your subscription.
- Peachtree ESQ, Inc.’s Service and relationship to Peachtree Esquire Lawyers, PC
Peachtree ESQ, Inc. provides a do-it-yourself (“DIY”) platform for the creation of legal documents. Although our customers are engaged in DIY document creation, we guarantee that text of the legal documents you generate on our site was drafted by a Georgia licensed attorney. However, the text and information you input into the legal document is of course drafted by you, the user, and Peachtree ESQ, Inc. is not responsible for errors stemming from information you have input into the document. To be clear, Peachtree ESQ, Inc. is a software company providing document production services and registered agent services to Georgians. You should note that Peachtree Esquire Lawyers, PC is an actual Georgia-based law firm which Peachtree ESQ, Inc. connects customers to for legal advice, the drafting of complicated and/or customized legal documents, review of legal documents created on this site, and for all legal questions and legal consultations. Peachtree Esquire Lawyers, PC is a separate entity from Peachtree ESQ, Inc.
NOTE: Although attorneys work for Peachtree ESQ, Inc., communications between you and Peachtree ESQ, Inc. may not be protected by attorney-client privilege.
In addition, your use of the DIY services featured on our site does not create an attorney-client relationship between you and Peachtree ESQ, Inc. Again, if you are in need of legal advice, legal counsel, or legal representation, we connect you with Peachtree Esquire Lawyers, PC.
Also, Peachtree ESQ, Inc. is not a lawyer referral service. When we connect you to Peachtree Esquire Lawyers, PC, the connection is provided for free. Also, for premium members who seek a legal consultation with Peachtree Esquire Lawyers, PC as a part of their membership plan, please note that Peachtree Esquire Lawyers, PC has the right to charge Peachtree ESQ, Inc. for your consultation. Thus, you must review and agree to the Client Acknowledgement of Disclosure Policy below, and premium members hereby consent to our payment of any legal fees to Peachtree ESQ, Inc. for legal consultations.
- The Attorneys of Peachtree Esquire Lawyers, PC
While using our services, you will have the opportunity to have legal documents drafted, businesses formed, and obtain advice from outside independent attorneys at Peachtree Esquire Lawyers, PC. If you engage an attorney at Peachtree Esquire Lawyers, PC, you will enter into a separate representation agreement that creates an attorney-client relationship between you and Peachtree Esquire Lawyers, PC. Peachtree Esquire Lawyers, PC is under no duty to act as your lawyer until you have entered a representation agreement with Peachtree Esquire Lawyers, PC and deposited the required funds into their state-mandated escrow account known as their IOLTA account. If there is any conflict between Peachtree Esquire Lawyers, PC’s representation agreement and these Terms, the Peachtree Esquire Lawyers, PC’s representation agreement shall govern.
The attorneys at Peachtree Esquire Lawyers, PC are not employees or agents of Peachtree ESQ, Inc, and they carry their own malpractice insurance and have agreed to provide limited consultations or other legal services to Peachtree ESQ, Inc.’s members.
- Our right to terminate and restrict
Peachtree ESQ, Inc. reserves the right, in its sole discretion, to downgrade or terminate your access to the services available on our site. Service may be discontinued for any reason or no reason, and at any time without prior notice.
Peachtree ESQ, Inc. also reserves the right to modify or discontinue, either temporarily or permanently, any part of its services. You agree that Peachtree ESQ, Inc. will not be liable to you or to any third party for any modification, suspension, or discontinuance of your membership or access to the services found on our site.
- Registered Agent Service and Business formation
Peachtree ESQ, Inc. offers entity formation, business filing and registered agent Services in Georgia. Georgia requires your business entity to have a registered agent on file with the Secretary of State or other department. By purchasing Registered Agent Services from Peachtree ESQ, Inc.—through our site or through your attorney at Peachtree Esquire Lawyers, PC—you authorize Peachtree ESQ, Inc. to receive service of process, including any notices of legal proceedings and other legal notices on your entity’s behalf. You further authorize your Registered Agent to scan, upload and transmit information received on your entity’s behalf to your email address or the physical address we have for you on record. To update your contact information, please contact us at [email protected].
Unless you cancel, Registered Agent Services will automatically renew for successive 1-year terms at the end of each subscription period. Further, unless you cancel Registered Agent Services, Peachtree ESQ, Inc. will charge the payment method you provided with the original order and renew you for the service term. Also, Peachtree ESQ, Inc. reserves the right to increase all service fees at any time without notification to you.
You may cancel the Registered Agent Service at any time by contacting Peachtree ESQ, Inc. at [email protected] and include the subject line “CANCELLATION REQUEST: Registered Agent Service”. In addition to cancelling the Registered Agent Service, you will also need to submit appropriate change of agent paperwork to Georgia’s Secretary of State. Any fees associated with completing such a change of agent are your sole responsibility. By canceling the Registered Agent Service, you acknowledge and understand that we will resign as your registered agent. Upon resignation, Peachtree ESQ, Inc. will cease to act as your Registered Agent and will stop all Registered Agent related services. Information regarding the change of registered agent process and any related government fee information can be found on the website for Georgia’s Secretary of State. Peachtree ESQ, Inc.’s Registered Agents Services are purchased and renewed on an annual basis and must be cancelled prior to the renewal date to avoid recurring annual charges.
If your entity is dissolved, either voluntarily or involuntarily, it is your responsibility to notify Peachtree ESQ, Inc. of the dissolution so that we may cancel the Registered Agent Services that are no longer needed and avoid continued billing.
Peachtree ESQ, Inc. reserves the right to cancel your Registered Agent Service at any time if you refuse to pay or your payment method is declined. You agree to bear any risk of termination, and under no circumstances will Peachtree ESQ, Inc. be liable or responsible for any damage or inconvenience caused or alleged to be caused by termination.
- Prohibition of interference
You may not hack, “scrape” or “crawl” our services in any way or through any method. Further, you may not access or attempt to access any information which Peachtree ESQ, Inc. has not expressly stated that it has made available to you. Furthermore, you may not resell any Peachtree ESQ, Inc. document without the written consent of an owner or officer of Peachtree ESQ.
- Right to Documents
You hereby grant permission for Peachtree ESQ, Inc. to use the documents you create in any way it chooses and as required by law.
You understand that the technical processing and transmission of the documents you create on this site, may involve transmissions over third party networks. You agree that Peachtree ESQ, Inc. has no responsibility or liability for deleting or failing to store any documents you create on this site.
- Copyright and licenses
Peachtree ESQ, Inc. retains its rights, title and interest in its products and services. Except as otherwise provided in the Terms, you may not reproduce or license any document created using our site. Further, you may not disable any security feature of our site.
Copyright for all documents and information found on this site are property of Peachtree ESQ, Inc. All rights reserved.
So long as you comply with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the services of this site as we intend for them to be used.
If you submit suggestions about our services, we may use your suggestions without compensation to you.
Further, any rights not expressly granted in these Terms are reserved by Peachtree ESQ, Inc.
- Disclaimer of Liability
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS:
The services and documents generated through Peachtree ESQ, Inc. may include inaccuracies or typographical errors. You hereby acknowledge that the services provided on provided “AS IS.” Further, we hereby disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement. You hereby agree that Peachtree ESQ, Inc. shall not be liable for any losses or damages a result of your use of its documents, products, or services. Further, you hereby agree that in no instance shall Peachtree ESQ, Inc. be liable to you for an amount greater than $500 or the total amount collected for your premium membership subscription for a 12-month period, whichever is less. Further, you agree that the information contained in this disclaimer is an essential basis of the bargain between the parties.
- Indemnity Agreement
By using our service, you hereby agree to hold Peachtree ESQ, Inc. and its partners harmless from all injuries, losses, damages, expenses, and actions arising out of or related to our services. Further, you agree that this release has been freely and voluntarily consented to. Furthermore, you confirm that you fully understand what you are agreeing to.
- Mediation requirement
You, the user of Peacthree ESQ, Inc., agrees that in lieu of filing a lawsuit, any dispute arising between the user and Peachtree ESQ, Inc. will be resolved through mediation in Gwinnett County, Georgia. The mediator will be chosen by the user from a list of civil mediators practicing in the above-mentioned county where the mediation will occur. The cost of mediation will be paid fully by the user. The agreement resulting from mediation will have the effect of a court order and will be binding on the user and Peacthree ESQ, Inc. However, if no resolution is reached at mediation, the user agrees to impanel a committee of three mediators from the above-mentioned list of mediators who will hear the dispute and decide the outcome based on the decision of a simple majority within the three-person committee. The three mediators who form the above-mentioned tribunal will be chosen by Peachtree ESQ, Inc. and the resulting majority decision of the committee of mediators will have the effect of a court order and will be binding on the user and Peachtree ESQ, Inc. The cost of impaneling a committee of three mediators to form the above-mentioned tribunal will be shared equally by the parties.
- Future Emails
By creating an account, you agree that you may receive communications from Peachtree ESQ, Inc., such as newsletters, special offers, and account reminders and updates.
- Choice of Law
The parties agree that this agreement shall be governed, construed and interpreted in accordance with the laws of the State of Georgia.
- Regarding Waiver, Severability and Assignments
Peachtree ESQ, Inc.’s failure to enforce a provision is not a waiver of its right to do so. Also, if a provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. You agree that your rights under this agreement your unassignable. However, as a company, Peachtree ESQ, Inc. may assign its rights to any buyer or successor in interest.
- Client Acknowledgement of Disclosure Policy
By becoming a premium member, you hereby acknowledge that an attorney at Peachtree Esquire Lawyers, PC may report to Peachtree ESQ, Inc. pertinent information involving your case, such as the amount of time spent providing free legal consultations. You hereby acknowledge that you are aware that Peachtree Esquire Lawyers, PC may charge Peachtree ESQ, Inc. a fee for the free legal consultations you receive and you hereby agree to allow Peachtree ESQ, Inc. to pay said fee. You also hereby acknowledge that it is your understanding that no information protected by the attorney-client privilege will be revealed to Peachtree ESQ, Inc. You also acknowledge that Peachtree ESQ, Inc. does not endorse your attorney at Peachtree Esquire Lawyers, PC’s actions and is not responsible for any attorney-client agreement. Thus, Peachtree ESQ, Inc. shall not be responsible for resolving any issues between you and Peachtree Esquire Lawyers, PC. You further agree to work out any disputes with Peachtree Esquire Lawyers, PC—or any attorney we refer you to—and hereby indemnify and hold harmless Peachtree ESQ, Inc. regarding any injury or loss caused by your attorney at Peachtree Esquire Lawyers, PC. Further, you hereby acknowledge that Peachtree ESQ, Inc.’s disclosure policy has been explained to you, and that your questions have been answered, and that you understand Peachtree ESQ, Inc.’s disclosure policy.
Peachtree ESQ, Inc. may revise these Terms from time to time. By continuing to use or access the services after revisions are made, you agree to be bound by the revised Terms. We encourage users to periodically review the Terms to ensure that you understand them in their entirety.
- Links to other website
We do not endorse and are not responsible for the content on websites which are linked to our site or our services.
- Advertising Material
This website and its contents may or may not be considered attorney advertising. Thus, you should note that choosing an attorney is an important decision and should not be based solely upon information found on our website.
- Integration Clause
These Terms constitute the entire agreement between you and Peachtree ESQ, Inc. with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights for the user.