LEGALBEVY TERMS AND CONDITIONS

 

 

Last updated 5/18/20

 

 

LegalBevy and LegalBevy.com (collectively “LEGALBEVY”) is a consolidated databank of state and local rules of civil procedure for legal professionals.  LEGALBEVY also provides a platform for legal professionals to locate and use products and services from legal service providers who are registered with the LEGALBEVY website.

YOUR ACCESS AND USE OF THE LEGALBEVY SERVICE IS SUBJECT TO (1) THESE TERMS AND CONDITIONS AND, (2) ALL APPLICABLE LAWS, RULES AND REGULATIONS. BY ACCESSING OR USING ANY PART OF THE LEGALBEVY SERVICE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE LEGALBEVY SERVICE.

LEGALBEVY Overview: The website and online services (collectively the “LEGALBEVY Service”) are provided by LEGALBEVY. You may not resell use of, or access to, the LEGALBEVY Service to any third party. You may not use the LEGALBEVY Service for any commercial purpose without the prior written consent of LEGALBEVY

Who is our customer: Our customer is the individual or company who has registered with the LEGALBEVY website or other individuals listed under that person/entity’s account profile. We are under no obligation to respond to requests, inquires, demands or communications from any party who has not been identified under the LEGALBEVY account. In order to access the LEGALBEVY website, use the LEGALBEVY Services and/or register with the site as a LEGALBEVY user, you must be at least 18 years of age

Not Compatible with Accessibility Features: The LEGALBEVY website is not designed to be compatible with telecommunications accessibility features or services such as TTY, audio prompts or similar features for those with certain disabilities

Privacy: The LEGALBEVY Service collects and transmits data to LEGALBEVY. Such detailed data collection and use is critical to the successful operation of the LEGALBEVY Service. To learn more about our data collection and use practices, please read our Privacy Policy.

Registration and Passwords: In order to use the LEGALBEVY Service, you must register with the LEGALBEVY website. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. All email accounts must belong to you and not any other person. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under your user name. If you suspect any unauthorized use of your user name, you should change your password and/or contact LEGALBEVY immediately at info@legalbevy.com.

Termination of Access: In addition to any right or remedy that may be available to us under these LEGALBEVY Terms and Conditions or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the LEGALBEVY Service, at any time with or without notice in the event (1) you have breached these Terms and Conditions or (2) such action is necessary to prevent harm to any party or liability to LEGALBEVY. 

Communications with LEGALBEVY: Any communication or material you transmit to us by electronic mail, social media or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by LEGALBEVY for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and/or ranking. Furthermore, you expressly agree that LEGALBEVY is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Proprietary Rights: We are the exclusive owner or authorized licensors of the LEGALBEVY Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Without limiting the foregoing, you acknowledge that the LEGALBEVY Service is the exclusive property of LEGALBEVY, and that you will not take any action inconsistent with our ownership rights or that would damage our ownership rights. No part of the LEGALBEVY Service may be reverse engineered, decompiled or modified, nor may derivative works be created based on the LEGALBEVY Service, without the prior written consent of LEGALBEVY. All rights not granted under these Terms and Conditions are reserved by LEGALBEVY.

LEGALBEVY WEBSITE

Overview: This website is operated by LEGALBEVY. Throughout the site, the terms “we”, “us” and “our” refer to LEGALBEVY.  LEGALBEVY offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or using the resources available on the site, you engage in our LEGALBEVY Service and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current website shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our website is hosted on Amazon Web Services. They provide us with the online e-commerce platform that allows us to offer our products and services to you. 

Online Website Terms: By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the LEGALBEVY Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You may not use the LEGALBEVY Service for any purpose that is illegal or potentially harmful to another party, including LEGALBEVY.

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your LEGALBEVY Service.

General Conditions: We reserve the right to refuse service to anyone for any reason at any time.

Accuracy, Completeness and Timeliness of Information: We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. The contents of this website are intended to convey general information only and not to provide legal advice or opinions. The contents of this website, and the posting and viewing of the information on this website, should not be construed as, and should not be relied upon for, legal or procedural advice in any particular circumstance or fact situation.  Although LEGALBEVY regularly updates the information on its website and encourages social/community posts regarding the information thereon, the information presented on this website may not reflect the most current legal developments.  No action should be taken in reliance on the information contained on this website and LEGALBEVY disclaims all liability, to the fullest extent permitted by law, with respect to actions taken or not taken based on any or all of the contents of this site. An attorney should be contacted for advice on specific legal issues.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the LEGALBEVY Service, use of the LEGALBEVY Service, or access to the LEGALBEVY Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the website, products offered and pricing for products or services offered on the site are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the LEGALBEVY Service.
 

We reserve the right at any time to modify or discontinue the LEGALBEVY Service (or any part or content thereof) without notice at any time.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

You agree to provide current, complete and accurate purchase and account information for all vendor purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the LEGALBEVY Service will be corrected.

Optional Tools: We may provide you with access to third-party tools over which we neither monitor, nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Third-Party Links: Certain content, products and services available via our LEGALBEVY Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions: If you send certain specific submissions such as product reviews, social media content, contest entries or similar or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, remove, copy, publish, distribute, translate and otherwise use in any medium any such content. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the LEGALBEVY Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Personal Information: Your submission of personal information to the LEGALBEVY website is governed by our Privacy Policy. To view our Privacy Policy, click here.

 

No employment relationship: You understand, acknowledge and agree that your use of the LEGALBEVY website or use of LEGALBEVY Service in no way creates or constitutes an employment relationship between you and LEGALBEVY or any of its affiliated partners.

Errors, Inaccuracies and Omissions: Occasionally there may be information on our site or in the LEGALBEVY Service that contains typographical errors, inaccuracies or omissions that may relate to the content on the site. We reserve the right at any time, and without prior notice, to correct any errors, inaccuracies or omissions, and to change or update information if any information in connection with the LEGALBEVY Service, or on any related website, is inaccurate. At no time is LEGALBEVY responsible for any inaccuracies in the content of the LEGALBEVY website.

We undertake no obligation to update, amend or clarify information in connection with the LEGALBEVY Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the LEGALBEVY Service or on any related website, should be taken to indicate that all information in the LEGALBEVY Service or on any related website has been modified or updated.

Prohibited Uses: In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on any reason, including, but not limited to, gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the LEGALBEVY Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) to solicit or advertise for any products or services; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the LEGALBEVY Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the LEGALBEVY Service or any related website for violating any of the prohibited uses.

 

LEGALBEVY has the right to: 1) Take any action with respect to any user conduct that we deem necessary or appropriate in our sole discretion, including if we believe that such user conduct violates these Terms, including those prohibited uses described herein, or that such user conduct infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for LEGALBEVY; 2) Disclose your identity or other information about you to any third party who claims that your use of the LEGALBEVY website violates their rights, including their intellectual property rights or their right to privacy; 3) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; 4) Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any users of the Site or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS LEGALBEVY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LEGALBEVY DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER LEGALBEVY OR LAW ENFORCEMENT AUTHORITIES.

Disclaimer of Additional Warranties and Remedies: WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AND WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LEGALBEVY SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE LEGALBEVY SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.

LEGALBEVY DISCLAIMS ALL LIABILITY FOR, OR WARRANTIES FROM, THIRD-PARTY SERVICES OR PRODUCTS USED IN CONNECTION WITH THE LEGALBEVY SERVICE.

IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states prohibit the limitation of warranties as set forth herein. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for all liabilities, shall not exceed the greater of (1) the amount paid by you to for any service listed on the LEGALBEVY website or (2) $100.00.

Changes: We may change, suspend or terminate the LEGALBEVY Service at any time without notice. In addition, these LEGALBEVY Terms and Conditions may be changed at any time without prior notice. Your continued access of the LEGALBEVY Service after such changes conclusively demonstrates your acceptance of those changes.

 

Indemnification: You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney fees and costs, arising from, or related to (1) any breach by you of these Terms and Conditions, (2) your use of the LEGALBEVY Service or (3) a violation by you of any applicable law, agreement or obligation to a third party.

Governing Law: The laws of the State of Texas shall govern these Terms and Conditions and, subject to the arbitration section below. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN DALLAS, TEXAS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE LEGALBEVY SERVICE. Any claims asserted by you in connection with the LEGALBEVY Service must be asserted in writing to LEGALBEVY within one (1) year of the date such claim first arose, or such claim is forever waived by you. Notwithstanding the arbitration section below, LEGALBEVY may seek an injunction in a court of competent jurisdiction to the extent necessary to prevent any harm to any party or liability to LEGALBEVY.

Arbitration: You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of these Terms and Conditions or the LEGALBEVY Service. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in Dallas, Texas. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, LEGALBEVY will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against LEGALBEVY in violation of this paragraph, you agree to pay LEGALBEVY’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.

Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.

Waiver and Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions. Our rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Export: You may not use or otherwise export or re-export any product that may be obtained using the LEGALBEVY Service except as authorized by United States law and the laws of the jurisdiction in which the product was obtained. In particular, but without limitation, the product obtained using the LEGALBEVY Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the LEGALBEVY Service, you represent and warrant that you are not located in any such country or on any such list.

Third Parties: Platform providers, such as Braintree and other third-party carriers, platform or software providers, and vendors offering products and services on the LEGALBEVY site (collectively “Platform Providers”), are not parties to these Terms and Conditions. Except as otherwise agreed in writing between you and the applicable Platform Provider, Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the LEGALBEVY Service. To the maximum extent permitted by applicable law, Platform Providers will have no other warranty obligation whatsoever with respect to the LEGALBEVY Service. Except as otherwise agreed in writing between you and the applicable Platform Provider, you acknowledge that Platform Providers are not responsible for addressing any claims relating to the LEGALBEVY Service or your possession and/or use of the LEGALBEVY Service, including but not limited to: (i) product liability claims; (ii) any claim that the LEGALBEVY Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Platform Providers are third-party beneficiaries of these Terms and Conditions, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

 

You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

Contact Information: Should you have any questions regarding these Terms and Conditions, to report a violation of these Terms and Conditions or abuse of the LEGALBEVY Service, or for any other matter, you may contact us at info@legalbevy.com.