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TERMS OF SERVICE


Last Updated: January 1, 2016


Please read these Terms of SERVICE carefully. By clicking “I Agree” UPON REGISTRATION and by ACCESSING OR using this site, you agree to comply with the following terms of SERVICE and to be legally bound by them. You should read the terms of SERVICE carefully before agreeing to them. If you do not agree to the following terms, you have no right to continue using this Site in any way.


The following Terms of Service govern your use of the LawTova website and the services made available through the site by LawTova, Inc. (“LawTova”, the “Company”, “us” or “we”). It was originally written in English. In the event a translated version conflicts with the English version in any way, the English version controls.


1. BINDING EFFECT


This is a binding agreement. By using the internet site located at www.LawTova.com (the “Site”) or any service provided by us in connection with the Site, including our other websites, mobile applications, widgets, publications and email notifications (the “Service”), you (a “Service Provider”) agree to abide by these Terms of Service (“Terms”), as they may be amended by us from time to time in our sole discretion. We will post a notice on the Site, and send a notice by e-mail to registered Service Providers, any time these Terms have been changed or otherwise updated. It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Site and our Service.


YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and the Company for violations of these Terms.


You may use the Services only in compliance with these Terms and all applicable local, state, federal, and international laws, rules and regulations. Each Service Provider is solely responsible for following their own respective rules of professional responsibility and ethical rules and regulations.


2. LIMITED LICENSE; USE OF THE LawTova SERVICE


As a Service Provider, you shall be granted a non-exclusive, non-transferable, limited license to access and use the Service. To become a Service Provider, you must: i) be an attorney licensed to practice and in good standing in one or more jurisdictions; ii) have no precarious disciplinary history (which shall be determined on our sole discretion); iii) agree to these Terms; and iv) pay the service fees set forth in the Pricing page of the Site, or otherwise negotiated between you and the Company (“Service Fees”).


Once you have become a Service Provider, you shall be granted unrestricted access to your LawTova account, which allows you to (i) create a personalized profile, (ii) become listed in our lawyer directory, (iii) set your own availability for private message, audio call, or videoconference communications with users of the Site (“Users”), and (iv) communicate privately with Users. We do not monitor, observe, or record such communications. A complete statement of the Company’s current privacy policy can be found by clicking here. The Company’s privacy policy is expressly incorporated into this Agreement by this reference.


3. ACCESS TO THE SERVICE


3.1 ONLY THE REGISTERED SERVICE PROVIDER MAY USE AN ACCOUNT


You are only permitted to use the Service if you are a registered Service Provider. You are the only permitted user of your account. No account may be shared with, or used by any other person, including other Service Providers and employees or contractors of your law firm or organization. All access to the Service via robotic, scripted or other automated means not provided as part of the Service is strictly prohibited.


3.2 TRIALS AND SUBSCRIPTIONS


The Company may periodically offer trial or free subscriptions to the Service. We reserve the right at any time to modify or discontinue, temporarily or permanently, such trials or subscriptions, with or without notice.


3.3 PASSWORD SECURITY


You are ultimately responsible for protecting the security of your username and password (“Login Credentials”). It is your obligation to implement policies and procedures to prevent unauthorized use of your Login Credentials. Any third-party use of your Login Credentials is prohibited. You acknowledge and agree that you will immediately notify the Company upon suspicion that your Login Credentials have been lost, stolen, misused or compromised.


4. PAYMENTS, REFUNDS AND SUBSCRIPTION CHANGES


4.1 PAYMENTS


Service Providers will provide the Company with a valid credit card or other acceptable method of payment (“Payment Information”) for the Service Fees applicable to that Service Provider. As a condition of providing us with your Payment Information, you represent and warrant that such Information is true, and that you are authorized to make any and all payments with that Payment Information.


Payments for Service Fees will be charged on the day your subscription begins and will continue to be charged to your payment method automatically, on a recurring basis until you cancel your service. The amount charged on each billing cycle may differ depending on Service use, upgrades, downgrades, or changes to your Service subscription. All prices are subject to change upon notice. Such notice may be provided by an e-mail message from the Company, or in the form of a published announcement on the Site. All Service Fees are exclusive of any and all federal, state, local or other taxes.


If, after a payment by credit card, you later dispute the charges, unless prohibited by law, you agree not to cancel, revoke, charge back or dispute any previously entered charge on your credit card. If you do so, and it is later determined that the charge was properly authorized, you agree to pay all out-of-pocket fees and costs incurred by the Company as a result of the improper cancellation, revocation, charge back or dispute.


4.2 CANCELLATION


We’ve designed LawTova to be a highly useful, cost-effective tool for attorneys. If, for whatever reason, you are dissatisfied with your experience, you are free to cancel at any time. There are no early-termination fees to cancel the Service. However, payment for the Service is non-refundable. Service fee payments made before cancellation of the Service will not be refunded, in whole or in part.


Upon cancellation or termination of your Service subscription, all Content (as defined below) will be immediately and irrevocably deleted from the Service.


4.3 PAYMENT PROCESSING


We utilize the Stripe™ to process electronic payment transactions through the Site. By using LawTova, you acknowledge that you have read and agree to Stripe’s Terms of Service found here.


4.4 REFUND POLICY


Service fees are generally non-refundable. In particular, no refunds or credits will be issued for partial months of Service, unused Service, upgrades or downgrades in Service plans, or for mere dissatisfaction. From time to time, however, your access to and use of the Site may be interrupted as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of the Company. If your Service is materially interrupted for any 24-hour period, rendering it unusable during that period, the Company will issue you a pro-rata credit on your next monthly bill.


5. CONSENT TO RECEIVE EMAILS


By using the Site, you consent to receive emails from us, which may include commercial emails provided such emails are in accordance with the preferences you select in the email and notifications page of the My Account section of the Site. Please note that as long as you maintain an account, you may not “opt out” of receiving service or accounted-related emails from the Company.


6. USE OF YOUR CONTENT


PLEASE READ THIS SECTION CAREFULLY. You grant Company a license to use the images, information and other content you post to the Site or Service (collectively, “Content”). By posting content on the Site, you are granting the Company and its affiliates a non-exclusive, transferable, fully paid, worldwide license (including the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display the Content in connection with the Site or Service. Service Providers who configure the Service to make certain Content available to the public are deemed to acknowledge and agree that everyone will have access to the Content.


In consideration of the Company’s agreement to allow you to post Content to the Site and the Company’s agreement to publish such Content, you agree as follows:


  • By posting Content on the Site, you warrant and represent that you own the rights to the Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute Service Provider Content.

  • You grant to the Company a non-exclusive, transferable, fully paid, worldwide license (including the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display any Content in connection with the Site or Service.

  • The Company may use Content fully or partially for commercial reasons, in addition to use for the Service.

  • Although the Company may take measures to restrict the ability of Users and visitors to the Site to make copies of Content posted to the Site, the Company makes no representation or warranty that Content will not be unlawfully copied without your consent.

  • You will not be compensated for any Content, nor compensated for the licensed use of Content by the Company or its affiliates.

  • We may publish or otherwise disclose your name or user name in connection with your Content, but are not required to do so.

  • You shall have no right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against the Company or any of its affiliates, all of which such rights are hereby expressly and irrevocably waived by you in favor of the Company.


7. CONDUCT POLICY


To ensure the highest quality experience for our, you are responsible for your conduct on the Site. You agree to refrain from using hostile, offensive, abusive, or inflammatory language when communicating with LawTova or its Users. You also agree to provide legal information and advice in a responsible, ethical, and professional manner. If there is a dispute with a User, you acknowledge that the Company will not intervene or provide dispute resolution services. You will use your best efforts to resolve any dispute that arises with a User in a courteous and professional manner.


8. PROHIBITED USES


The Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, Host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.


In addition, you may not use the Service (a) as a “runner or capper” or “agent” as those terms are defined in Section 6151 of the California Business and Professions Code; (b) to recruit or solicit Users as customers for another business or service, other than your personal law practice; (c) to request, demand or otherwise solicit compensation from a User in addition to the fees paid by that User for a consultation or service through LawTova; (d) to provide services you are unqualified to provide, in keeping with your applicable state’s ethics rules; or (e) to create a false identity for any purpose.


8. ALLEGED VIOLATIONS


We reserve the right to terminate your use of the Service and/or the Site for any reason and at any time. The Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms, furnished Company with false or misleading information, have misused or abused the Site, or interfered with use of the Site or the Service by others.


9. NO INTELLECTUAL PROPERTY LICENSE; LINKS


You are granted a limited, non-exclusive license to create a text hyperlink to the Site or your profile on the Site for noncommercial purposes. This limited right may be revoked by the Company at any time, with or without cause. Nonetheless, nothing contained on the Site or within these Terms should be understood as granting you a license to use any of the trademarks, service marks, logos, or content owned by Company or by any third party. If you wish to use the Company’s logo or other proprietary graphic to link to this Site or your profile, you must obtain the Company’s express written consent.


10. RELATIONSHIP


In using the Service, you are a customer of the Company and a third-party independent contractor solely responsible for the service you provide to Users. You shall have no right, power or authority to make any representation or to assume or create any obligation, whether express or implied, on behalf of the Company, or to limit the Company in any manner whatsoever. Service Providers are strictly prohibited from making any representation that they are agents or employees of the Company.


11. USER DISPUTES


Any dispute with a User regarding your service shall be resolved between you and the User. The Company will not provide any fee dispute resolution services or assistance inconsistent with the Terms.


12. NO CONFLICT


By using the Service, you represent, warrant and agree that the execution of and the performance of services through LawTova does not and will not violate, contravene, result in a breach of or constitute a default under applicable law or any obligation or agreement by which you are bound or to which you are a party.


13. NO RECORD KEEPING


We do our best to reasonably protect Users’ privacy. We do not observe or save detailed records of your interactions with Users, and we do not archive data you or the User upload or exchange. We have no ability to reproduce private messages and do not keep copies of such data. Therefore, we cannot and will not be responsible for its loss. While the Company may email you such copies, you are directed to retain your own copies to avoid loss.


14. NO WARRANTIES


THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE.


We reserve the right to suspend or discontinue the availability of the Site and/or any Service at any time in our sole discretion and without prior notice. We may also impose limits on certain features and services or restrict your access to parts of or all of the Site and the Service without notice or liability.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY ALSO DOES NOT WARRANT THAT THE INFORMATION CONTAINED ON THE SITE OR OBTAINED THROUGH THE SERVICE FROM SERVICE PROVIDERS IS ACCURATE, COMPLETE, OR CURRENT. PLEASE USE THE SITE AT YOUR OWN RISK.


Nothing obtained by you in oral or written form from the Company or from the Service will create any warranty that is not expressly stated in these Terms.


15. LIMITED LIABILITY


THE COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LawTova OR ANY OF ITS CORPORATE AFFILIATES, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR OUTCOME OF LEGAL MATTERS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH: YOUR USE OF THE SITE, THE SERVICE, THE CONTENT PUBLISHED ON OR ACCESSED THROUGH THE SITE, INTERACTIONS WITH USERS, ANY MATERIALS OR SERVICE PROVIDED TO YOU BY THE COMPANY, MISTAKES, OMMISSIONS, INTERRUPTIONS, LOSS OF FILES OR OTHER DATA, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO COMPANY DATA OR RECORDS, VIRUSES, ACTS OF GOD, OR INTERACTIONS WITH USERS OR THIRD-PARTIES OUTSIDE OF THE SERVICE.


This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.


16. INDEMNITY


You agree to indemnify the Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms, your errors or omissions, or infringement of the rights of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.


17. GOVERNING LAW


These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Sacramento County, California, USA in all disputes arising out of or related to the use of the Site or Service.


18. DISPUTES


In the event a dispute arises between you and the Company, our goal is to provide you with a neutral and cost-effective means to resolve the dispute quickly. Accordingly, any claim or controversy at law or equity that arises out of these Terms or our Services ("Claim") shall be resolved in accordance with one of the subsections below or as we may otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution ("ADR") procedures, such as mediation, as an alternative to litigation.

18.1 BINDING ARBITRATION


For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than Ten Thousand US Dollars (US$10,000), you or we may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with its applicable rules, or any other established ADR provider agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

18.2 COURT


Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in California, USA or where the defendant is located (in our case Sacramento County, California, USA, and in your case your home address). You and we agree to submit to the personal jurisdiction of a state court located in Sacramento County, California or a US federal court located in Sacramento, California.

18.3 ATTORNEY’S FEES


All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute-resolution mechanism that is selected in accordance with this Section 18 by the first party to file a Claim. Should either party file an action contrary to this Section 18, the other party may recover attorneys’ fees and costs up to $5,000 USD, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.


19. SEVERABILITY; WAIVER


If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.


20. CALIFORNIA USE ONLY


The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California or any country other than the United States of America.


21. MODIFICATIONS


Company may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.


22. INTEGRATION


These Terms contain the entire agreement between the parties (Company and you, the Service Provider), and supersedes any prior or contemporaneous understandings between the parties.


23. QUESTIONS & CONTACT INFORMATION


Should you have any questions regarding use of the Site or the Service, please visit our FAQ. If you still have questions or concerns, please do not hesitate to contact Customer Care or call us at (888) 577-1130. You may also send written correspondence to:


Attn: Customer Care

LawTova, Inc.
580 California Street
12th and 16th Floors
San Francisco, CA 94104


24. ACKNOWLEDGEMENT


BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.