Terms of Service
1. Agreement to These Terms
These Terms of Service (these “Terms”) govern your access to and use of clearguardianship.com and the Clear Guardianship application (together, the “Service”), operated by Prior Labs, LLC, doing business as Clear Guardianship (“Clear Guardianship,” “we,” “us,” or “our”). By creating an account, purchasing a plan, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
2. What Clear Guardianship Is
Clear Guardianship helps people in Virginia work through the process of petitioning a circuit court for guardianship of an incapacitated adult, or of a family member approaching age 18 (a transition-age petition). Depending on the plan you purchase, the Service may:
- walk you through a structured questionnaire about your situation;
- use your answers to assemble a court filing packet from standard Virginia guardianship forms and templates;
- give you a step-by-step roadmap through the filing, service, and hearing process, including reminders for statutory deadlines; and
- flag situations that appear to fall outside the self-help product, such as a contested matter, so that you can seek attorney help.
At this time, Clear Guardianship supports guardianship petitions for incapacitated adults and for family members age seventeen and a half through eighteen. Support for conservatorship petitions is planned but not yet available.
Where the Service presents information about the legal roles of a guardian and a conservator under Virginia law, it presents general criteria and lets you choose which petition to prepare. It does not evaluate your specific facts, tell you which role fits your situation, or select a course of action for your case. That choice, and responsibility for it, is yours.
3. Clear Guardianship Is Not a Law Firm
Clear Guardianship’s self-help product (described in these Terms as Tier 1) is a software and document product, not a legal service. Prior Labs, LLC is not a law firm, does not employ your answers to give you legal advice, and does not review your matter as a lawyer would. Using Tier 1 does not create an attorney-client relationship between you and Prior Labs, LLC, or between you and any attorney.
Before Clear Guardianship collects any information about your specific situation, you will be asked to read and affirmatively accept the following acknowledgment:
I understand that Clear Guardianship and Prior Labs, LLC are not my attorney and cannot give me legal advice, and that nothing I enter here is confidential or protected by attorney-client privilege.
That acknowledgment is part of these Terms. If you are not comfortable with it, do not enter information about your matter into the Service.
4. Attorney Services (Packet Review, Guided Support, and Full Representation)
Clear Guardianship also offers paid tiers that include attorney involvement: a bounded written review of your packet, coaching calls with an attorney, or full representation. Those tiers are legal services provided directly by THE PRIOR LAW OFFICE, PLLC (“the firm”), not by Prior Labs, LLC. If you purchase an attorney tier, you will separately enter into a written engagement agreement with the firm before any legal services begin. That engagement agreement, not these Terms, governs the scope of the firm’s representation, its fees, and how those fees are earned. If anything in these Terms conflicts with your engagement agreement for an attorney tier, the engagement agreement controls for that tier.
To be clear about where the line falls: the self-help product (Tier 1) never forms an attorney-client relationship. An attorney-client relationship, and the protections that come with it, exists only once you have signed an engagement agreement with the firm for an attorney tier.
If your answers suggest your situation may not be a good fit for the self-help product (for example, if the matter is contested, involves more than one state, or otherwise looks complicated), the Service will let you know and offer ways to reach an attorney, including the firm. You are never required to hire the firm and remain free to consult any lawyer you choose. See Section 5.
5. Common Ownership and Your Freedom to Choose Counsel
Clear Guardianship is a product of Prior Labs, LLC. Prior Labs, LLC and THE PRIOR LAW OFFICE, PLLC are both owned by attorney Vincent W.P. Prior. Clear Guardianship is not a law firm and does not provide legal advice. If you decide to hire a lawyer, you are free to hire any lawyer of your choosing; you are not required to hire THE PRIOR LAW OFFICE, PLLC.
This disclosure applies whenever the Service refers you toward attorney help, whether or not you go on to hire the firm.
6. Eligibility and Accounts
You must be at least eighteen years old and able to form a binding contract to use the Service. You are responsible for the accuracy of the information you provide, for keeping your account credentials confidential, and for all activity that occurs under your account. Tell us right away at the contact address in Section 16 if you believe your account has been accessed without your permission.
7. Acceptable Use
You agree not to:
- use the Service for any purpose other than preparing your own guardianship or conservatorship matter, or one you are authorized to act on;
- submit information about someone else’s matter without their knowledge and authorization;
- attempt to access another user’s account or data, or interfere with the security or normal operation of the Service;
- copy, scrape, reverse engineer, or resell the Service or the templates and content it generates, except for your own personal use as described in Section 9; or
- use the Service for any unlawful purpose or in a way that violates these Terms.
We may suspend or terminate access for anyone who violates this section. See Section 14.
8. Fees, Payment, and Refunds
Fees for each tier are shown at checkout at the time of purchase. Payments are processed by a third-party payment processor; Clear Guardianship does not store your full payment card number. Refunds are handled under our Refund Policy, which is part of these Terms.
9. Intellectual Property
The Service, including its software, questionnaire logic, document templates, deadline calculations, and written content, is owned by Prior Labs, LLC or its licensors and is protected by intellectual property law. We grant you a limited, personal, non-transferable license to use the Service for your own matter. The specific documents Clear Guardianship generates for you, populated with your own answers, are yours to use, file, print, and keep for your matter. That license does not extend to the underlying blank templates, questionnaire, or software, which you may not copy, resell, or redistribute.
10. Disclaimers of Warranty
The Service is provided on an “as is” and “as available” basis. Clear Guardianship gives general information about Virginia guardianship and conservatorship procedure and assembles documents from the answers you provide, but the accuracy and completeness of those documents depend on the accuracy and completeness of your answers. Court procedures, local practices, and the underlying law can change, and individual clerks and judges have discretion. We do not guarantee that any court will accept a filing, that a hearing will result in any particular outcome, or that the Service is free of errors or interruptions. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of Liability
To the fullest extent permitted by law, Prior Labs, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or data, arising out of or relating to your use of the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid to Prior Labs, LLC for the Service in the twelve months before the claim arose. This section does not limit any liability of THE PRIOR LAW OFFICE, PLLC for legal services it provides under a separate engagement agreement; that liability, if any, is governed by that agreement and by applicable professional-responsibility law, not by these Terms.
12. Indemnification
You agree to indemnify and hold Prior Labs, LLC harmless from any claim, loss, or expense (including reasonable attorney fees) arising from your misuse of the Service, your violation of these Terms, or information you submit that infringes or misappropriates another person’s rights.
13. Governing Law, Venue, and Dispute Resolution
These Terms are governed by the law of the Commonwealth of Virginia, without regard to its conflict-of-law rules. Any dispute arising out of or relating to your use of the Service (and not to legal services provided under a separate engagement agreement with the firm, which that agreement governs) will be resolved by binding arbitration administered under the consumer arbitration rules of a recognized arbitration provider, on an individual basis and not as a class or representative action, except that either party may bring an individual claim in small claims court, and Clear Guardianship may seek injunctive relief in court to protect its intellectual property. Where arbitration does not apply, you agree to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Virginia.
14. Termination
You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms or if we reasonably believe your use poses a risk to the Service, other users, or Clear Guardianship. Sections of these Terms that by their nature should survive termination, including payment obligations already owed, intellectual property, disclaimers, and limitation of liability, will survive.
15. Changes to These Terms
We may update these Terms from time to time. If we make a material change, we will update the date on this page and, where practical, notify account holders. Changes will not apply retroactively to narrow the protections described in these Terms for a tier you have already purchased and paid for. Continued use of the Service after an update means you accept the revised Terms.
16. Contact
Prior Labs, LLC, doing business as Clear Guardianship. Questions about these Terms can be sent to support@clearguardianship.com.
This is a first draft, prepared from Clear Guardianship’s build plan and its internal ethics review, for counsel and Vince Prior to read before this page ships. See the pull request that introduced this file for the full status.