Acceptance of the Terms of Use

These terms of use are entered into by and between you and LegalMation, Inc. (“LegalMation,” “we” or “us”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.legalmation.com, and any subdomains therein including any software, content, functionality, and services offered on or through www.legalmation.com (the “Website”).  Unless otherwise agreed upon by separate agreement, these terms and conditions shall apply to your use of the Website.

Please read the Terms of Use carefully before you start to use the Website.  By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Terms of Use and our Privacy Policy, found at https://www.legalmation.com/privacy, incorporated herein by reference.  If you do not want to agree to the Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions.  By using the Website, you represent and warrant that you are of legal age to form a binding contract with LegalMation and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.

General Background of Services Provided

LegalMation provides an online legal service to assist legal practitioners with day-to-day legal tasks.  While we attempt to simplify those tasks, we do not provide legal advice, opinions or recommendations, remedies, defenses, strategies, or apply the law to the facts of your particular situation.  All information and documents we provide you must be reviewed and ultimately signed by a licensed attorney in the state where your matter is pending.  By using LegalMation’s services, you agree that you will have a licensed attorney review any output generated by LegalMation.  LegalMation does not engage in the practice of law as it is not a law firm and does not perform services performed by an attorney.

Because LegalMation is not a law firm, it cannot guarantee that all the information it provides you is current.  Additionally, as the law varies in different jurisdictions it is important to ensure that any information or documents provided by us is correct for your specific jurisdiction.

License to Use

Unless LegalMation has expressly notified you in writing (i.e., in an order acknowledgement, through a LegalMation order, or invoice documentation), LegalMation hereby grants you a limited, personal, non-exclusive, non-sublicensable and non-transferable license to use the Website, if you are a licensed attorney or working on behalf of a licensed attorney (“License Grant”). For the avoidance of doubt, this license expressly includes the right to use the output generated by the LegalMation website for you and your clients (i.e. the draft documents) in connection with your practice of law, regardless of the termination of this Agreement.

Limitations

You shall not rent, lease, loan, sell or otherwise distribute access to password-protected portions of the Website. You shall not create any derivative works of the Website or LegalMation’s services.  You may not grant access to the password-protected portions of the Website to any third parties in violation of the terms of the License Grant.  You shall not modify, adapt, translate, reverse engineer, decompile or otherwise attempt to derive or manipulate any LegalMation product or works obtained from LegalMation, including but not limited to the source code of the Website or source code of the software from the Website.

Term

The License Grant in these Terms of Use remains effective until terminated as provided herein, unless you have been notified that a shorter term or a subscription license applies, in which case, the license continues until the end of the subscription term for which you have paid the applicable subscription license fees.  For evaluation licenses, if granted, the license granted herein shall terminate as of the expiration of the evaluation term provided by LegalMation. The termination of the license agreement does not impact your ability to continue use output or documents you downloaded from the Website prior to the termination as provided under the License to Use clause above.

Accessing the Website and Account Security

LegalMation reserves the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of the Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions LegalMation takes with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of the Terms of Use or otherwise abused the Website or services provided by LegalMation.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (the “Materials”)), are owned by LegalMation, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Materials does not include output, such as draft documents, generated through the use of LegalMation’s Website or services. Such documents are governed by the License to Use section above.

You also agree that any expression of LegalMation’s findings, analyses, conclusions, opinions, recommendations, ideas, techniques, know-how, designs, programs, enhancements, software, and other technical or business information provided to you by LegalMation in the course of performing consulting, training, maintenance or other services related to the Website are the proprietary information of LegalMation.

LegalMation authorizes you to download, view, copy, and/or print the Materials on any single, stand-alone computer solely for your personal, informational, and non-commercial use. This license terminates automatically without notice if you breach any the Terms of Use or LegalMation terminates your license agreement. Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

You agree that any use or disclosure of Materials other than in accordance with the terms of this agreement constitutes a material breach of the Terms of Use, will terminate all licenses granted by the Terms of Use and entitles LegalMation to seek injunctive relief in addition to any other remedies available, at law or in equity, because any disclosure in breach of these Terms of Use will cause irreparable injury to LegalMation that cannot be compensated solely by monetary damages.

Trademarks

The company name, the term “LegalMation”, the LegalMation logo, and all related names, logos, product and service names, designs, and slogans are trademarks and/or service marks of LegalMation, its affiliates or licensors.  You must not use such marks without the prior written permission of LegalMation.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with the Terms of Use.  You agree not to use the Website:

• For any purpose other than transaction business with LegalMation.
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate LegalMation, a LegalMation employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use of the Website, or which, as determined by us, may harm LegalMation or users of the Website or expose them to liability.
• To post, transmit, or otherwise make available any material that is (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by a third party’s proprietary right without the express prior written consent of the owner.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including any other party’s ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

LegalMation has the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of the Terms of Use.

Without limiting the foregoing, LegalMation has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website, or engaging in any unlawful activity through our website.  YOU AGREE TO WAIVE AND HOLD HARMLESS LEGALMATION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the Website is made available for general informational purposes only.  LegalMation does not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  LegalMation disclaims all liability and responsibility arising from any reliance placed on such content, services or products by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.  All statements and/or opinions expressed in any content provided by LegalMation do not necessarily reflect the opinion of LegalMation.  LegalMation is not responsible, or liable to you or any third party, for the content or accuracy of any content, services or products provided on the Website.

Changes to the Website

LegalMation may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the content, services or products on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information LegalMation collects on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Third-Party Links

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  LegalMation has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.

Geographic Restrictions

LegalMation is based in the State of California in the United States.  The content, services and products it provides are intended to assist attorneys practicing under their respective jurisdictions’ procedures and formatting requirements, but LegalMation does not guarantee that its content, services and products are accurate for any particular jurisdiction.   LegalMation provides this Website for use only by persons located in the United States.  LegalMation makes no claims that the Website or any of its content is accessible or appropriate for use outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER LEGALMATION NOR ANY PERSON ASSOCIATED WITH LEGALMATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS.  WITHOUT LIMITING THE FOREGOING, NEITHER LEGALMATION NOR ANYONE ASSOCIATED WITH LEGALMATION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, LEGALMATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LEGALMATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, AND EVEN IF LEGALMATION HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTWITHSTANDING THE FOREGOING, IF YOU ARE A LEGALMATION CUSTOMER, IN NO EVENT SHALL LEGALMATION’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF SERVICE, THE PRIVACY POLICY, THE WEBSITE, OR ANY SERVICES EXCEED THE AMOUNT PAID BY YOU OR PAYABLE BY YOU TO LEGALMATION IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. 

IF YOU ARE NOT A LEGALMATION CUSTOMER, SINCE YOU DO NOT PAY FOR THE USE OF THE WEBSITE OR THE SERVICE, YOU UNDERSTAND AND AGREE THAT LEGALMATION WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION RELATING OT YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED ON THE WEBSITE.

Indemnification

You agree to defend, indemnify, and hold harmless LegalMation, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services, and products other than as expressly authorized in the Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and the Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance solely with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, the Terms of Use or the Website shall be instituted exclusively in the state or federal courts located in the City and County of Los Angeles.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to also waive any and all objections to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Class Action Waiver

YOU AND LEGALMATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

No Modification or Waiver

You may not modify the Terms of Use except with LegalMation’s express written agreement. No modification can be accomplished by course of conduct. Any failure or delay to exercise any right or any partial exercise of any right, power, or privilege hereunder by LegalMation shall not operate as a waiver.

Severability

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

No Assignment

You cannot assign the Terms of Use or any rights or obligation thereunder.  Any purported assignment by you, whether by operation of law, change in control, or otherwise, shall be null and void.  LegalMation can assign or delegate performance under the Terms of Use (i) to an affiliated company, or (ii) in the event of a merger, acquisition or sale of all or substantially all of the assets of LegalMation.

U.S. Government Rights

The software, including related documentation, is provided with Restricted Rights.  The use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in this Terms of Use and in the applicable provisions of subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19. The manufacturer is LTLW, Inc., 300 South Grand Ave., 14th Floor, Los Angeles, California 90071.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and LegalMation regarding the use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.  This restriction does not apply to separately executed agreements for payment of LegalMation’s invoices/payment requirements.

Changes to the Terms of Use

LegalMation may revise and update the Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.  However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. Unless otherwise agreed to in a separate agreement between LegalMation and you, LegalMation may also modify the prices it charges for its services. LegalMation will provide you notice of any change in its prices prior to you incurring any charges under the new pricing scheme and any changes to LegalMation’s pricing will only apply on a going-forward basis and will not apply to services provided to you prior to notifying you of the change.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Contact Us

This website is operated by LegalMation, Inc.

All notices of copyright infringement claims should be sent to legal AT legalmation.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support AT  legalmation.com

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support AT legalmation.com