1. I understand and agree that TheFortitude.co is not a law firm or an attorney, may not perform services performed by an attorney, and its forms or templates are not a substitute for the advice or services of an attorney. Rather, I am representing myself in this legal matter. No attorney-client relationship or privilege is created with TheFortitude.co.
2. If, prior to my purchase, I believe that TheFortitude.co gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.
3. I UNDERSTAND THAT THESE TERMS CALL FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO ME IN THE EVENT OF A DISPUTE AS DESCRIBED IN THE THEFORTITUDE.CO ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 16, BELOW.
4. I UNDERSTAND THAT THE THEFORTITUDE.CO REVIEW OF MY ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. I WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT, WHERE APPLICABLE, AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
5. Accuracy of Information and Third-Party Consent. To the best of my knowledge, I have provided accurate information to TheFortitude.co and have obtained all third-party consents required for my order.
6. Electronic Records and Signatures. I give TheFortitude.co consent to affix my electronic signature where required to file my documents. I understand I may withdraw my consent, provided my documents have not already been filed, by calling TheFortitude.co Customer Care at (307) 275-7806.
7. Non-English-Speaking Customers. I understand that certain materials on the TheFortitude.co site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
8. Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, I WILL HOLD THEFORTITUDE.CO AND ITS 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 THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THEFORTITUDE.CO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THEFORTITUDE.CO, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR 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 ME. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
9. Terms of Use. I understand that the Site's general terms of use (the "Terms of Use") also apply to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and agree to those Terms of Use, which are incorporated herein by reference.
10. Additional TheFortitude.co Terms. I understand that my purchase may be subject to additional terms and conditions. I understand that TheFortitude.co Registered Agent Services, are subject to the Supplemental Terms of Service for Registered Agent Services, subscription and third-party services are subject to the Supplemental Terms of Service for Subscriptions and Third-Party Services. If applicable, I acknowledge that I have read and agree to the supplemental terms, which are incorporated herein by reference.
11. Third Party Services. If I purchased a product that involves third party services, I understand that I may be required to accept additional terms located on the third party’s site. The third party may contact me by email and/or phone with instructions on how to access my benefits. THEFORTITUDE.CO HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD PARTY SERVICES. THEFORTITUDE.CO IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF THEFORTITUDE.CO AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE THEFORTITUDE.CO SITE.
12. Future Products and Services. If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
13. Abandoned Orders and Refunds. My purchase may allow me to create my own legal documents. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit for any order after 60 days have elapsed from the purchase date unless TheFortitude.co is at fault. All itemization of fees are displayed for convenience only. Refunds shall be governed by the TheFortitude.co Guarantee. Both parties acknowledge that TheFortitude.co is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to TheFortitude.co for reimbursement of our commitment to service this order.
14. Exchanges. I understand that I may request an exchange of one product for a different product and complete a replacement order within 60 days of my purchase. The purchase price of the original item, less any filing fees, taxes or other third-party costs, will be credited to my account. Any price difference between the original order and the replacement order (less any filing fees, taxes or other third-party costs) will be credited to my original form of payment.
15. Suspended Accounts. If TheFortitude.co encounters evidence of suspicious activity in connection with my account, I acknowledge that TheFortitude.co, in its sole discretion, may opt to temporarily or permanently disable my account. Evidence of suspicious activity includes, but is not limited to, evidence that my account is being used by someone who is not authorized to do so, or evidence that revision orders are being placed to generate documents for individuals or businesses other than the parties to the original order. In the event that TheFortitude.co disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside TheFortitude.co, including me or any authorized contact. Additionally, I understand that TheFortitude.co, in its sole discretion, may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that TheFortitude.co will not be liable for any delays caused by these policies and procedures.
16. Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND THEFORTITUDE.CO TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 16(g), BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND THEFORTITUDE.CO FROM SUING IN COURT OR HAVING A JURY TRIAL.
(a) No Representative Actions. You and TheFortitude.co agree that any dispute or claim between us, including those arising out of or related to these Terms or our Services, is personal to you and TheFortitude.co and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. For the purposes of this Arbitration Agreement, references to "TheFortitude.co," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
(b) Arbitration of Disputes. Most concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at (307) 275-7806. In the unlikely event that the TheFortitude.co Customer Care Center is unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute you after attempting to do so informally), this Section 16 applies. Except for (i) individual actions in small claims court located in the county of your billing address or (ii) actions in court seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and TheFortitude.co agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any aspect of the relationship between us (collectively, “Disputes”) resolved in court. Disputes include, but are not limited to, (a) those arising out of or related to these Terms or our Services, and (b) those related to advertising, privacy, data security, and the use of our website. This Arbitration Agreement applies to all Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, Disputes arising before you accepted these or any prior Terms, Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class, and Disputes asserted against TheFortitude.co by those you list as authorized contacts on your order.
(c) Arbitration Procedures. For any Dispute that you have against TheFortitude.co, or that TheFortitude.co has against you, you and TheFortitude.co agree to attempt to resolve the Dispute informally via the following process. If you assert a claim against TheFortitude.co, you will first contact TheFortitude.co by sending a written notice of your Dispute (“Claimant Notice”) to TheFortitude.co by U.S. certified mail addressed to Notice of Dispute, General Counsel, TheFortitude.co, PO Box 331338, Murfreesboro, TN 37133; a courtesy copy of the Notice should also be sent by email to connect@TheFortitude.co. The Claimant Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. For any Dispute that TheFortitude.co may have against you, we will provide you notice (“TheFortitude.co Notice”) in similar form to that described above via the mailing address and email address associated with your account. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or TheFortitude.co first send the applicable Notice so that the parties can engage in this informal dispute resolution process.
If you and TheFortitude.co cannot reach an agreement to resolve the Dispute within thirty (30) days after notice is provided, then either party may submit the Dispute to binding confidential arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth herein, in court. All Disputes submitted to AAA will be resolved through binding arbitration before one arbitrator. Unless the parties agree in writing to a different location, arbitration proceedings will be held in Sheridan County, WY; if you are a Consumer, however, you may elect to hold the arbitration in your county of residence. For purposes of this Section 16, a “Consumer” means a person using the Services for personal, family or household purposes.
If you are a Consumer, you and TheFortitude.co agree to use the AAA Consumer Arbitration Rules. If you are not a Consumer, you and TheFortitude.co agree to use the AAA Commercial Arbitration Rules, including the Expedited Procedures for all Disputes with a value of $75,000 or less. The most recent versions of the AAA Consumer and Commercial Arbitration Rules are available on the AAA’s website at adr.org/Rules and such rules are hereby incorporated by reference into this Arbitration Agreement. You either acknowledge and agree that you have read and understand the applicable AAA Arbitration Rules or waive your opportunity to read the AAA Arbitration Rules and waive any claim that such rules are unfair or should not apply for any reason.
You and TheFortitude.co acknowledge that the purpose of this Section 16 is to streamline the dispute resolution process and that Coordinated Filings are likely to frustrate that purpose. As a result, you agree not to assert a demand for arbitration as part of a Coordinated Filing. A “Coordinated Filing” is any demand for arbitration where the underlying claim is similar to at least ten (10) or more other pending demands for arbitration and where representation for that demand is consistent or coordinated with such other demands. Without limiting any remedies, in the event your demand is part of a Coordinated Filing, we may, at our option, decline arbitration and instead litigate the claim in a civil court of competent jurisdiction in accordance with the terms of Section 17.
(d) Individualized Arbitration Proceedings and Remedies. You and TheFortitude.co agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to grant any relief that would otherwise be available in court and to make all procedural and substantive decisions regarding any Dispute, including those arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability, or validity of the Arbitration Agreement or any portion thereof. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one claimant.
(e) Confidentiality. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. You and TheFortitude.co agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and TheFortitude.co agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
(f) Payment of Arbitration Fees. The costs of arbitration shall be governed by the AAA’s fee schedules, available at adr.org/Rules. If you are a Consumer and you initiate arbitration of a Dispute, you agree to pay the applicable AAA Consumer Case Filing Fee, and TheFortitude.co will pay the remaining AAA fees and costs. If you are not a Consumer and you initiate arbitration of a Dispute valued at less than $75,000, you agree to pay $250 towards any arbitration filing fees and TheFortitude.co will pay the remaining AAA fees and costs. If you are not a Consumer and your arbitration proceeding is valued at $75,000 or more, you and TheFortitude.co will share equally the costs and fees of AAA Commercial Arbitration. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees will be governed by the applicable AAA Rules.
(g) Opt Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 16 by sending, via U.S. certified mail, a written Notice of Opt Out to TheFortitude.co. The Notice of Opt Out must be addressed to: Notice of Opt Out, General Counsel, TheFortitude.co, PO Box 331338, Murfreesboro, TN 37133; a courtesy copy of the Notice of Opt Out should also be sent by email to connect@TheFortitude.co. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17, though, as stated above, you agree any such action will be brought as an individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(h) Additional Terms. If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (c) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
If you wish to seek public injunctive relief against TheFortitude.co, such claim (and only such claim) must be severed from the arbitration and brought in court in accordance with the provisions of Section 17.
You and TheFortitude.co agree that the state or federal courts of the State of Wyoming and the United States sitting in Sheridan County, Wyoming have exclusive jurisdiction over the enforcement of an arbitration award made pursuant to this Arbitration Agreement.
17. Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Wyoming, without regard to conflict of law rules or principles (whether of Wyoming or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Wyoming and the United States, respectively, sitting in Sheridan County, Wyoming. You consent to personal and exclusive jurisdiction in these courts.
18. Installment Plan.
(a) Qualification. The TheFortitude.co Installment Plan (the "Installment Plan") is available as a purchase option for certain TheFortitude.co products priced at $200 or more. Where an Installment Plan is offered, I acknowledge that TheFortitude.co may charge a small installment fee in connection with this option. The total amount that will be charged for each installment payment, inclusive of any fee, will be disclosed to me prior to my election to participate in the Installment Plan.
(b) Billing. By opting into the Installment Plan, I am agreeing to make an initial payment (the "Initial Installment Payment") immediately when I place my order or change my payment plan. I hereby authorize TheFortitude.co to charge my credit card for two additional installments on approximately, but not before, the first and second month anniversaries (each an "Installment Billing Date") of the Initial Installment Payment. If my purchase date is on the 29th through 31st day of any month, an Installment Billing Date for months with fewer days will fall on the last day of the month. Each payment will be of the same amount, except that if the total purchase price does not divide evenly into three parts, my final installment payment will include all outstanding amounts. I understand that I may pay my outstanding balance at any time without incurring additional charges.
(c) Default. If my credit card is declined TheFortitude.co may make multiple attempts to bill that card. If I remain in default on the second payment when the third payment is due, I authorize TheFortitude.co to charge both the second and third payment amounts to my credit card. If three attempts to charge my card are unsuccessful and my account balance remains unpaid, I understand that TheFortitude.co may report information about my account to credit bureaus, and that late payments, missed payments, and other defaults may be reflected in my credit report. I understand that TheFortitude.co may restrict my ability to purchase other TheFortitude.co products if I am delinquent on any payment. I understand that TheFortitude.co may make efforts to collect a delinquent payment. I understand that if I believe TheFortitude.co has reported inaccurate information to a consumer reporting agency, I may call the TheFortitude.co Customer Care Center at (307) 275-7806 and TheFortitude.co will investigate the matter. I understand that TheFortitude.co may accept late or partial payments, as well as payments that reflect "paid in full" or other restrictive endorsements, without limiting any of its rights under these Terms of Service.
(d) Store Credit. I understand that if I have a TheFortitude.co store credit, the amount of that store credit will be deducted from my total purchase price before installment payment amounts are calculated. Store credit will not count against the $200 minimum purchase price per product. If I want to apply a store credit issued after my enrollment in the Installment Plan, I may do so by calling the TheFortitude.co Customer Care Center at (307) 275-7806.
(e) Notice of Automatic Billing. TheFortitude.co may send a reminder email to the email address of record for my account before my Installment Billing Dates. I acknowledge and agree that this notice is provided as a courtesy only, and TheFortitude.co is not obligated or required to provide such notice. I acknowledge and agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of TheFortitude.co to send the email does not create any liability on the part of TheFortitude.co or any third-party service provider.
(f) Disputed Charges. I understand that if I dispute a charge to my credit card, I should call the TheFortitude.co Customer Care Center immediately at (307) 275-7806 and TheFortitude.co will investigate the matter.
(g) Account Information. I agree to notify TheFortitude.co immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason. I understand that if my failure to provide TheFortitude.co with accurate, complete, and current information results in delinquent payments, TheFortitude.co may restrict my ability to purchase other TheFortitude.co products, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
(h) Subscription Products. For subscription products offering the Installment Plan, TheFortitude.co reserves the right to terminate access to subscription benefits 31 days after a missed installment payment.
19. Filing Fees. Except as otherwise noted, filing and recording fees may include all mandatory or applicable federal, state, county and local administrative fees, name reservation fees, initial reports, publication notices, capitalization fees, franchise tax fees, expedite fees, certified copy fees, walk-in fees, courier fees and other transactional fees incurred on your behalf by TheFortitude.co.
20. Organizer, Incorporator, or Equivalent
By accepting these Terms of Service and requesting business formation services or other related TheFortitude.co services that involve filing paperwork with a government entity, you are authorizing TheFortitude.co to take all the necessary steps to form your entity or complete the filing service in your requested state. Such steps may include, but are not limited to (i) listing you, another authorized representative that you have appointed, or TheFortitude.co as the organizer, incorporator or equivalent of your company; (ii) affixing your e-signature, or the e-signature of the authorized representative you have appointed, to the formation documents; (iii) completing formation documents on your behalf; (iv) filing documents on your behalf; or (v) removing TheFortitude.co as the organizer of your Company.
21. Legal Forms. If you have purchased a Legal Form from TheFortitude.co, the following provisions apply to you:
(a) License. TheFortitude.co grants you a nonexclusive, nontransferable worldwide right to use the legal form(s) you have purchased. This license allows you to access, download, use, and edit the legal form(s) you have purchased for your personal use. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the legal form(s); or (ii) modify, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting the legal form(s) or its source code, except for modifications to the forms for your personal use. All rights not expressly granted to you are reserved by TheFortitude.co and its licensors.
(b) No Guarantee. TheFortitude.co does not guarantee that any Legal Form provided is suitable for a particular purpose, or that any Legal Form provided is accurate, reliable, complete or timely. The Legal Forms provided are for information purposes only, and should not be relied upon as legal advice.
22. TheFortitude.co eSignature. If you use our eSignature service, the following provisions apply to you:
(a) No warranties. eSignature is fulfilled by Adobe, at TheFortitude.co company. Neither TheFortitude.co nor Adobe is a party to any electronic signature transactions which you may seek to conduct using eSignature. TheFortitude.co makes no warranties or representations regarding such transactions.
(b) Certain documents not suitable for electronic signature. State and federal laws and regulations may make electronic signatures legally invalid for certain types of documents or transactions, including (i) wills, testamentary trusts, and codicils, (ii) adoption, divorce, or other family law papers, (iii) negotiable instruments, letters of credit, and secured transactions, among others. TheFortitude.co is not responsible or liable for determining whether any particular document you upload to eSignature may be validly executed using an electronic signature. Consult an attorney if you have any concerns. eSignature is not intended to be used to electronically sign any estate planning or divorce documents you purchase from TheFortitude.co.
(c) Transactions involving consumers. All signers must agree to the eSignature Electronic Record and Signature Disclosure and Agreement to do Business Electronically in order to use eSignature. If you use eSignature to conduct transactions with individuals who may qualify as “consumers” under applicable laws or regulations, you may be required to follow specific rules with regard to those transactions, such as to provide consumers the option to receive paper copies of electronic documents. If you send documents for signature through eSignature, you assume responsibility for determining whether a particular transaction involves a consumer and, if so, to comply with any applicable requirements for such transactions. TheFortitude.co is not responsible or liable for determining whether eSignature transactions involve consumers or whether you have complied with applicable requirements for transactions involving consumers.
(d) Consumption of available eSignatures. You use one eSignature every time you send a document for electronic signature, regardless of whether the signer recipient (1) signs the document, (2) rejects the document or requests changes, (3) takes no action with respect to the document, or (4) does not receive the document because of an incorrect or invalid e-mail address or because the sender has canceled or deleted it. If you send a single document to multiple signers, this will count as only one eSignature.
23. Delivery. I understand that TheFortitude.co uses a variety of methods to deliver finished products. For products delivered via physical shipment, I understand that TheFortitude.co uses a variety of carriers for each shipping option and will choose a delivery method for the shipping option and address I designate. If I select overnight delivery or two-day delivery, I agree that TheFortitude.co may use air or ground shipping as necessary to get my items to me within the promised time frame. The shipping fee indicated does not necessarily represent the actual amount paid by TheFortitude.co to the carrier chosen for the delivery of my order. It may include, in addition to the fees paid to the carrier, TheFortitude.co or third party handling and processing fees. For products delivered electronically, I understand that I will be notified via email when my product is complete and available for download. I understand that I may access my product by logging in to my account.
24. Reviews. After your purchase, you may receive an email survey request from TheFortitude.co. You may also write a review on the Site. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.
25. Text messages and SMS Programs. TheFortitude.co, at its sole discretion, may offer the following SMS/MMS text message based programs:
TheFortitude.co Updates: You may opt-in to receive SMS/MMS text messages containing notifications from TheFortitude.co. By opting in, you will receive notifications about our TheFortitude.co products and services, including for example, updates about the status of your order, appoint reminders, and messages regarding access to the products you have purchased. The number of messages you receive will vary.
TheFortitude.co Member Alerts: You may opt-in to receive SMS/MMS text messages by providing your phone number during the process of purchasing a product from TheFortitude.co. In some instances, we may also provide you the opportunity to opt-in post-purchase when you speak with us on the phone or through digital advertisements or emails. By opting in, you will receive messages regarding the status of your order and assistance with accessing the products you have purchased. The number of messages you will receive will vary depending on the steps needed to complete your order.
TheFortitude.co Notifications: You may opt-in to receive SMS/MMS text messages by following the directions provided through digital advertisements or emails. By opting in, you will receive promotional messages regarding TheFortitude.co special offers, and product updates. You will receive no more than four (4) messages per month as part of this program.
To opt-out of receiving SMS/MMS text messages from TheFortitude.co, you may reply with STOP to cancel (message and data rates may apply), email support@TheFortitude.co.com or call our Customer Care Center at (307) 275-2806. For more information, you may reply with HELP (message and data rates may apply), connect@TheFortitude.co.com, or call our Customer Care Center at (307) 275-7806.
Compatible carriers may include, but are not necessarily limited to: AT&T, Sprint, T-Mobile®, Verizon Wireless, Sprint, Boost, Alltel, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile.
TheFortitude.co and carriers are not responsible for delayed or undelivered messages.
TheFortitude.co is sensitive to your concerns about your privacy. To learn more, please see our Privacy Policy.
26. Access to World Wide Web; Internet Delays. To use TheFortitude.co services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain TheFortitude.co services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that TheFortitude.co is not responsible for delays, delivery failures, or other damage resulting from such problems.
27. Force Majeure. TheFortitude.co shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, TheFortitude.co may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
28. Right to refuse. I acknowledge that TheFortitude.co reserves the right to refuse service to anyone.
29. I acknowledge that TheFortitude.co is not a registered or bonded legal document assistant under Wyoming Limited Liability Company Act Chapter 29, Sections W.S. 17-29-101 through 17-29-1105. TheFortitude.co.com, Inc. is located at PO Box 331338, Murfreesboro, TN 37133.
30. I acknowledge that I have had the opportunity to view sample templates of TheFortitude.co documents and may call TheFortitude.co Customer Care at (307) 275-7806 with questions or for assistance locating sample templates.
31. I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these Terms of Service.