MyPleadings.com Terms of Service
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE. ACCESS AND USE OF THE WEBSITE IS CONDITIONED UPON ACCEPTANCE TO THESE TERMS OF SERVICE.
FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE MUST NOT VIOLATE ANY LAWS, RULES AND/OR REGULATIONS IN THE JURISIDICTION IN WHICH YOU PRACTICE LAW, INCLUDING BUT NOT LIMITED TO THE THOSE IMPOSED BY REGULATORY AGENCIES AND/OR YOUR GOVERNING STATE BAR ASSOCIATION(S).
DISCLAIMER OF WARRANTY. SUBSCRIBER UNDERSTANDS THAT MYPLEADINGS.COM ONLY PREPARES FIRST DRAFTS OF PLEADINGS AND OTHER DOCUMENTS WHICH MUST BE REVIEWED, FINALIZED AND APPROVED BY AN ATTORNEY AUTHORIZED TO PRACTICE LAW IN THE JURISDICTION FOR WHICH THE PLEADINGS OR DOCUMENTS ARE PREPARED. THE ATTORNEY USER ASSUMES ALL LIABILITY FOR THE ACCURACY AND COMPLETENESS OF ANY DOCUMENT PREPARED USING THE MYPLEADINGS.COM SERVICE.
Regarding Your Registration
By using the Company Services, you represent and warrant that:
- All registration information you submit is truthful and accurate;
- You will maintain the accuracy of such information;
- You will keep your password confidential and will be responsible for all use of your password and account;
- Your use of the Company Services does not violate any applicable law or regulation; and
- You are licensed and actively practicing attorney, or that you are the agent of a licensed and actively practicing attorney
If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
You may use the Website for the limited purpose of preparing draft pleadings or correspondence for use in your law practice for clients whom you represent in a full or limited services capacity.
You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
- Reselling (broadly defined) the services, documents or information which you are permitted to access as part of your subscription;
- Operating, owning or working for any business that provides a competing service at the time of use and for a period of two years from the last date the pleadings on the Website were accessed;
- Submit more than [10 documents per week or 30 per month] per licensed User;
- Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- Attempting to impersonate another user or person or using the username of another user, with the exception that legal assistances and/or paralegals may access the account of the attorney user with express permission of that user;
- Criminal or tortious activity;
- Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
- Deleting the copyright or other proprietary rights notice from any Website content
- Engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
- Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software
- Harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you
- Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
- Making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
- Selling or otherwise transferring your profile without written permission from the Company; systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company; tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords
- Using any information obtained from the Website in order to harass, abuse, or harm another person
- Using the Company Services as part of any effort to compete with Company or to provide services as a service bureau
- Using the Website in a manner inconsistent with any and all applicable laws and regulations
- Mirror imaging MyPleadings.com
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code to MyPleadings.com
- Disrupt or interfere with the security of MyPleadings.com
- Probe, scan, test, or breach the vulnerability of MyPleadings.com.
NOT LEGAL ADVICE
MyPleadings.com is a document automation service. MyPleadings.com does not provide legal advice. Nothing produced used MyPleadings.com should be construed as legal advice or relied on as such. Further, no conversations with any employee or agent of MyPleadings.com should be construed as legal advice. Every draft document produced by MyPleadings.com must be reviewed for content, accuracy, errors and omissions by a licensed attorney each and every time a document is generated.
LEVELS OF SERVICE
MyPleadings.com offers two levels of service, “MyPleadings” and “MyPleadings+”. Any monthly subscription wherein a Subscriber uses Company’s standard forms shall be considered part of the “MyPleadings” service (e.g., any à la carte service). Any monthly subscription wherein a Subscriber has the right to customize Company’s standard forms is part of the “MyPleadings+” service.
Company additionally offers pleading customization services whereby Company customizes pleading templates for use in the MyPleadings.com system using Subscriber’s own document templates rather than customizing Company’s templates to a Subscriber’s preferences. The monthly subscription associated with this is MyPleadings+. Additionally, Company may, in its discretion, offer free or reduced fee services to certain Subscribers in exchange for use of Subscriber’s forms (i.e., to make Subscriber’s forms available to other MyPleadings.com subscribers). Company will enter into a separate agreement (the “Customization Agreement”) with a Subscriber if Company is customizing Subscriber’s own forms and/or making Subscriber’s forms available to other MyPleadings.com subscribers. The terms of this Agreement shall apply to Company Services which utilize documents that have been customized per a Customization Agreement.
MyPleadings Service. The MyPleadings service allows Subscribers to utilize jurisdiction-specific document templates provided by Company which are coded to make the documents partially automated when used through the MyPleadings.com website.
MyPleadings+ Service. The MyPleadings+ service provides Subscriber with template documents prepared by Company which Company, at Subscriber’s direction, then customizes to Subscriber’s preferences for use through the MyPleadings.com website. These documents are referred to as “customized documents”. The document customization process consists of Subscriber generating draft documents through Website for review and redlining by Subscriber. Subscriber will make any changes to the documents that Subscriber desires by redlining the documents. Subscriber then returns the redlined documents to Company. Company will then take Subscriber’s redlined documents and update the documents for use by Subscriber. Subscriber shall convey to Company any changes which need to be made to Subscriber’s documents using the redlining process. It is Subscriber’s responsibility to that documents have been completely, accurately and satisfactorily updated. Company reserves the right to limit the amount and/or extent of automation in its sole discretion.
UPDATES TO FORMS
Company will make updates to templates, including adding new or amended provisions, for Subscribers of the MyPleadings+ service as may be requested by Subscribers. This includes making changes to “Document Level Questions” which appear within Website. Company will make corrections and/or fix errors which are requested by both MyPleadings and MyPleadings+ Subscribers.
Company does not monitor changes in caselaw, statute, rules or regulations, and is not required to alert Subscribers to changes in the same. It is Subscriber’s responsibility to apprise themselves of any applicable changes and provide a written request to Company to update Subscriber’s forms as may be needed.
Company may, in its discretion, notify Subscriber of changes to caselaw, statute, rules or regulations which are brought to the attention of Company, but Company is not required to do so. Additionally, Company may, in its discretion, notify users of improvements (broadly defined) which could be made to Subscriber’s forms, but Company is not required to do so. Any such notice by Company does not obligate Subscriber to request the improvement.
Company will make no changes to MyPleadings+ documents without Subscriber’s first requesting changes. MyPleadings+ Subscriber’s will be notified by email or through other notice generated by the Website when a change has been made to a document that has been customized for that specific Subscriber.
Company may make changes to MyPleadings documents without prior notification to Subscriber.
Subject to the limitations described herein, Subscribers of the MyPleadings+ service may request additional forms be added to their subscription by providing Company with a pleading template for coding by Company. Company may, in its discretion, decline to automate such documents, or to limit the extent of the automation of a particular document. Additional forms requested by MyPleadings+ Subscribers shall be made available only to the Subscriber (including their firm, court or organization), unless Subscriber approves Company’s use of a document for use by other Subscribers.
Subscribers of the MyPleadings service may request additional templates be added to their subscription by providing Company with a template for coding by Company and agreeing that such additional templates may be provided to other MyPleadings subscribers in the applicable jurisdiction. Company may provide these additional templates to MyPleadings+ Subscribers at Company’s discretion.
OWNERSHIP OF DOCUMENTS
Once a document containing client or case information has been generated by Subscriber using the MyPleadings.com system (including during any trial period), Subscriber has full and complete ownership of the generated document even if Subscriber subsequently cancels their subscription.
Subscriber does not have any ownership in the coded template documents which form the basis of the MyPleadings.com system. Further, Subscriber has no right to view the coded documents for any reason. Subscriber may request copies of any document template which Subscriber originally provided to Company (in uncoded format), and Company may provide these documents to Subscriber in its discretion but is not required to do so. Matter/client level data entered into the system is intended for export only within the automated documents. Although export of case data in another format is possible, additional fees and cost will be applied.
Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. The Website is a subscription service and therefore you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases if required by an applicable taxing authority. Company may change prices at any time will notify you 30 days before such change takes effect. All payments shall be in U.S. dollars.
Setup Fee; Subscription Fee. Use of MyPleadings.com is conditioned upon you providing valid card information for billing. Certain plans require a setup fee. Your credit card will be charged for the applicable setup fee immediately upon registration for a plan which has a setup fee. This setup fee is fully refundable within thirty (30) days of the day the setup fee is charged. To obtain a refund you must cancel your subscription within the applicable thirty (30) day Setup period.
Each plan has a monthly subscription fee. Plans which have a setup fee will begin billing the applicable monthly subscription fee on the 31st day after registration (i.e., the first day after 30-day setup period). Plans which do not have a monthly subscription fee will begin billing the applicable subscription fee the day of registration.
The applicable monthly subscription fee will be billed to your credit card on file on the same day each month (or the closest business day to it). If you cancel your subscription, your account access will be terminated the day prior to the next scheduled reoccurring charge on Subscriber’s credit card. No reimbursement will be made for mid-month cancellations.
There are no long-term contracts and you may cancel your subscription at any time, subject to the provisions contained herein.
Outbound Links. The Website may contain links to third-party websites. The Website does not monitor any such third-party websites and assumes no responsibility for the content, privacy policies, or terms of service of any third-party website. You acknowledge and agree that MyPleadings.com shall not be liable in any way, shape or form, whether directly or indirectly, for any damage or loss caused by, or in connection with, use of services or content available on or through any third-party website. You are advised to read the terms and conditions and privacy policies of any third-party website that you visit.
Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company Services shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict of law provisions. However, Subscriber agrees and understands that Subscriber’s use of and access to MyPleadings.com is subject to all applicable, local, state, federal, and international laws and regulations, as well as ethical obligations imposed by any applicable governing or licensing bodies such as applicable State Bar Associations. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and/or federal courts located in Clackamas County, State of Oregon, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or Company Services be instituted more than two (2) years after the cause of action arose.
Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
Binding Arbitration. If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Clackamas County, State of Oregon. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks.
You warrant that You are the legal owner or have legal right to use any document you provide to Company for automation. You agree to defend, indemnify and hold Company, its affiliates and customers harmless from any and all damages, costs and attorney’s fees, arising out of or related to your breach of this warranty. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this Agreement. These warranties shall survive any termination of this Agreement or the Term.
Company reserves the right but does not have the obligation to:
- Monitor the Website, including user accounts, for violations of this Agreement;
- Take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities; and
- Otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.
LIMITATIONS OF LIABILITY
Limitation of Liability.
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THIRTY (30) DAYS PRIOR TO ANY CAUSE OF ACTION ARISING.
WAIVERS AND DISCLAIMER OF WARRANTIES
MYPLEADINGS.COM DOES NOT GUARANTEE AND MAKES NO WARRANTY THAT THE FEATURES AND FUNCTIONS CONTAINED OR RELATED TO MYPLEADINGS.COM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVER USED FOR MYPLEADINGS.COM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND/OR THAT ANY DEFECTS WILL BE CORRECTED EVEN IF MYPLEADINGS.COM IS AWARE OF THESE PROBLEMS. SUBSCRIBER ASSUMES THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY AS A RESULT OF ANY VIRUSES, ERRORS, OR ANY OTHER PROBLEMS WHATSOEVER THAT SUBSCRIBER MAY HAVE AS A RESULT OF USING OR ACCESSING MYPLEADINGS.COM.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given immediately upon sending the email, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Company intends to comply with United States Digital Millennium Copyright Act. If you believe that specific content on Website constitutes copyright infringement of work that you own or control, please provide Company's Copyright Agent the following information:
- The full name legal of the copyright owner, your full name, your title, your mailing address, telephone number, and email address;
- A description of the copyrighted work or other intellectual property that you claim has been infringed, including any registration numbers;
- A detailed description of where the allegedly infringing material is located on the site;
- A statement by you that you have a good faith belief that use of the copyrighted materials described above are infringing and that the use not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Include an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Company's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: email@example.com
Make sure the subject line reads: “DMCA NOTICE”
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, or by contacting us at firstname.lastname@example.org
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION. ADDIDITIONALLY COMPANY RESERVCES THE RIGHT TO TERMINATE OR SUSPEND YOUR SUBSCRIPTION IF COMPANY IS UNABLE TO SUCCESSFULLY CHARGE YOUR CREDIT CARD. UPON TERMINATION, YOU WILL NOT BE ENTITLED TO REIMBURSEMENT, REFUND OR COMPENSATION OF ANY KIND RELATED TO THE TERMNATION OF YOUR SUBSCRIPTION.
In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Company Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of the Website and Company Services. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.