This LegalPassage Use Agreement (“Agreement”) is made and entered into between Legalpassage.com, Inc. (the “Company,” “we,” or “our”) and you (“Customer” or “you”) immediately upon your acceptance of this Agreement. By accessing this site, you represent that (1) you have read, understand, and agree to be bound by this Agreement and all referenced terms and policies, (2) you are of legal age to form a binding contract with the Company, and (3) you have the authority to enter into the Agreement personally or on behalf of the organization you have named as the customer, and to bind that entity to the Agreement.
The Services, as defined below, may be used during a free trial or on a paid subscription basis, as described below. This Agreement controls and is in effect as applicable during any use of the Services, including both the free trial or paid basis.
PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SERVICES. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO ABIDE BY THESE TERMS AND CONDITIONS AS PRESENTED TO YOU – ANY CHANGES, ADDITIONS, OR DELETIONS BY YOU TO THESE TERMS AND CONDITIONS WILL NOT BE ACCEPTED BY THE COMPANY AND WILL NOT BE A PART OF THIS AGREEMENT.
THE COMPANY HAS COMPLETE DISCRETION TO UPDATE AND CHANGE THIS AGREEMENT FROM TIME TO TIME AND TO CHANGE THE SCOPE OR FEATURES OF THE SERVICES FROM TIME TO TIME. THE COMPANY MAY MAKE SUCH CHANGES WITHOUT NOTICE. IF YOU CONTINUE TO USE THE SERVICES AFTER ANY SUCH CHANGES, WITH OR WITHOUT NOTICE, YOU WILL BE CONSIDERED TO HAVE CONSENTED TO THEM.
If you have any questions, don’t hesitate to reach out to us at firstname.lastname@example.org.
The “Services” referred to herein include the Company software that allows customers to enter information that is then populated into documents selected by the user, and then modify, save, execute, and download the documents, in addition to other features that the Company may offer from time to time. The Services also include all related components, accessories, and documents, and all updates and revisions thereto.
Provision of the Services.
Subject to the terms and conditions of this Agreement, the Company will use commercially reasonable efforts to provide the Services to Customer and certain individuals or entities that are authorized by you to use the Services under your account (“Authorized Users”). The Company will also provide reasonable technical support services in accordance with its standard practices.
Use of LawGadget.
The Services are intended to be an administrative tool to assist users in quickly drafting and compiling common legal documents that they use in their practice. THE SERVICES DO NOT CONSTITUTE AND ARE NOT A SUBSTITUTE FOR LEGAL TRAINING OR ADVICE. To this end, users of the Services are expected to review all documents created within the Services before signing and using them, and the Company is not liable for any errors or omissions in the documents created on the Services. By using the Services, you understand that the Services may not identify all of the fields that need to be filled in on a document to make it complete, useful, or legally compliant, and you are solely responsible for the content, applicability, and use of any documents created using the Services.
LawGadget Accounts and Subscriptions.
In order to use the Services, you must create a user-name and password for your account. The Company reserves the right to refuse registration of or cancel any passwords or user-names it deems inappropriate.
Fees and Payments.
The Company agrees that the data and information uploaded by Customer (or Authorized Users of Customer) that is stored or processed via the Services (the “Customer Data”) shall be treated as confidential pursuant to Section 8 by the Company and shall remain Customer’s sole property. Customer agrees that it is responsible for maintaining and protecting backups of all Customer Data directly or indirectly processed using the Services and that the Company is not responsible for the failure to store, the loss, or the corruption of Customer Data. Customer agrees that the Company and its affiliated entities may collect and track technical and related information about Customer and Customer’s use of the Services, including Customer’s internet protocol address, the hardware and software that Customer utilizes, and various usage statistics to assist with the necessary operation and function of the Services and for internal purposes only, including without limitation to facilitate in the provision of updates, support, invoicing, marketing by the Company, its affiliated entities, or its agents, and research and development. In the event that the Company is required or ordered to disclose Customer Data to a third party pursuant to judicial order or other compulsion of law, if legally permitted, the Company shall take all commercially reasonable steps to provide the Customer with prompt notice of any relevant order or basis for disclosure so as to allow Customer to take whatever steps it can to object to such compulsory disclosure if Customer so chooses.
Security and Confidentiality.
The Services provided by the Company, and all copies thereof, are proprietary to and the property of the Company. All applicable rights in all copyrights, trademarks, trade secrets, trade names, patents, and other intellectual property rights in or associated with the Services are and will remain in the Company, and Customer shall have no such intellectual property rights in the Services.Notwithstanding anything to the contrary, the Company shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning you and Authorized Users and data derived therefrom), and the Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic, and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
With respect to any of the Services that are distributed or provided to Customer for use on Customer premises or devices, the Company hereby grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Software during the term of either the Free Trial or Customer’s paid subscription. Customer hereby grants the Company a non-exclusive, non-transferable, non-sublicensable, royalty-free license to use Customer’s name and logo in press releases, marketing materials, and on its website, subject to Customer’s prior approval of any such use.
Customer is responsible for its and its Authorized Users’ compliance with this Agreement, including all incorporated policies, and all applicable laws and regulations. Although the Company has no obligation to monitor Customer’s or Authorized Users’ use of the Services, the Company may do so at any time and without notification to Customer or Authorized Users, and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
Customer shall not provide, make available to, or permit other individuals to use or access the Services, except under the terms listed herein, and will be responsible for any unauthorized activity of the Services under its account.
Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords), and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.
You agree to indemnify and hold harmless the Company, and their agents and assigns, from and against all claims, demands, obligations, and liabilities of any nature whatsoever, and all related costs and expenses (including reasonable attorney’s fees), arising out of or resulting from (1) your use of the Services, including your use of or reliance on any documents created using the Services and your decision to enter personal and/or confidential information into the Services, or (2) your violation of the Agreement.
Warranty and Disclaimers.
The Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. The Services Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or by third-party providers, or because of other causes beyond the Company’s reasonable control, but the Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, THE COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND THE COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO THE COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY IS NOT LIABLE FOR ANY LEGAL OUTCOMES, JUDGEMENTS, VIOLATIONS, OR OTHER OUTCOMES RESULTING FROM USE OF THE SERVICES.
Relationship of the Parties.
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. Nothing in this Agreement creates an exclusive relationship or in any way prevents the Company from entering into similar arrangements with or providing similar services to other entities, including, without limitation, other similar customers. Customer understands and acknowledges that the Company is free to use some or all of the data, information, techniques, methodologies, forms, layouts, or results of any of the products or services provided by the Company hereunder in providing products or services to other customers and nothing in this Agreement shall be construed to limit the Company’s right to do so.
The Company will provide customer service and support for the Services by email. The Company will make reasonable efforts to respond to all support inquiries within 48 hours of receipt of the email. For technical support, please contact email@example.com.