Terms and Conditions
Last Updated: 24 May 2018
These Terms are binding on any use of the Service and apply to you from the time that Lawcus provides you with access to the Service. You cannot use the Website or the Service, if you do not agree to all of these Terms.
The Lawcus Website and the Service are intended solely for persons who are 18 years old or older. Any access to or use of the Site by anyone under 18 years of age is expressly prohibited. By accessing or using the Site you represent and warrant that you are 18 years old or older.
Use of the Website or the Service is void where prohibited by applicable law, and the right to access the Website or the Service is revoked in such jurisdictions. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Website is administered in the United States and intended for United States users; any use outside of the United States is at the Subscriber’s or Invited User’s own risk and all users are responsible for compliance with any local laws applicable to their use of the Service or the Website.
By registering to use the Service you acknowledge that you have read and understood these Terms and have the authority to act on behalf of any person for whom you are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
Lawcus does not provide any legal advice. Lawcus is not a law firm and the employees of Lawcus are not representing you or acting as your attorney. Your use of Lawcus does not create an attorney-client relationship between you and Lawcus, any of the employees of Lawcus or any attorney you may work with that use Lawcus.
Lawcus is not a “lawyer referral service.” Lawcus provides a technology platform for collaboration between attorneys and their clients. Any attorney referenced or featured on Lawcus is for informational purposes only and does not constitute an endorsement or approval of any attorney. There is no fee sharing arrangement between Lawcus and any attorney for any legal matter. Before retaining an attorney, you should carefully consider the attorney’s knowledge and experience. You should ask for a written legal services agreement, detailing the terms and conditions of the representation. The agreement should clearly state all fees, expenses, and other obligations. No legal representation relationship exists in any way between any Subscriber or any Invited User and Lawcus.
These Terms were last updated on May 24, 2018.
“Access Fee” means the monthly fee (excluding any applicable taxes and duties) payable by you in accordance with the fee schedule set out on the Website (which Lawcus may change from time to time on notice to you).
“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which (a) is or becomes part of the public domain through no fault of receiving party; (b) was rightfully in receiving party’s possession at the time of disclosure, without restriction as to use or disclosure; (c) receiving party rightfully receives from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure; or (d) is independently developed by receiving party without reference to or reliance upon the Confidential Information of the disclosing party.
“Data” means any data inputted by you or with your authority into the Website.
“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“Service” or “Services” means the online legal project management platform made available (as may be changed or updated from time to time by Lawcus) via the Website.
“Website” means the Internet site at the domain www.Lawcus.com or any other site operated by Lawcus.
“Lawcus” (“we” and “us”) means Lawcus LLC, and any current or future parent entity, subsidiaries or affiliates of Lawcus.
“Invited User” means any person or entity, other than the Subscriber, that uses the Service with the authorization of the Subscriber from time to time.
“Subscriber” means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
“You” means the Subscriber, and where the context permits, an Invited User. “Your” has a corresponding meaning.
- USE OF SOFTWARE
Lawcus grants you the right to access and use the Service via the Website with the particular user roles available to you according to your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. you acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:
- the Subscriber determines who is an Invited User and what level of user role access to the relevant organization and Service that Invited User has;
- the Subscriber is responsible for all Invited Users’ use of the Service;
- the Subscriber controls each Invited User’s level of access to the relevant organization and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
- if there is any dispute between a Subscriber and an Invited User regarding access to any organization or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
- YOUR OBLIGATIONS
- Payment Obligations: From time to time, we may offer different subscription terms: Access Fees or other terms for such subscriptions may vary. Except as expressly set forth below, Access Fees are non-refundable. To the extent the Service or any portion of it is made available for any fee, you agree to pay such fees. You also agree to provide Lawcus information regarding your credit card or other form of payment. You warrant to Lawcus both (1) that such information is true, and (2) that you are authorized to use the payment instrument. You agree to update your account information promptly with any changes that may occur, including changes either in your billing address or your credit card expiration date.
- Free Trials and Refund Policy: From time to time, we may offer free trials of certain Lawcus products and services. The terms and conditions of such free trials will be contained in such offers. If you cancel your account you won’t be charged again, but all the charges that have already been incurred for the current billing period won’t be refunded. There will be no refunds for any amounts unused if you cancel your plan (whether monthly or annual subscription). In order to treat everyone fairly, no exceptions will be made.
- General Obligations: You must only use the Service and Website for your own lawful internal business purposes, in accordance with these Terms and any notice sent by Lawcus or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to you.
- Access Conditions: You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Lawcus of any unauthorized use of your passwords or any other breach of security and Lawcus will reset your password and you must take all other actions that Lawcus reasonably deems necessary to maintain or enhance the security of Lawcus’s computing systems and networks and your access to the Services.
- As a condition of these Terms, when accessing and using the Services, you must:
- not attempt to undermine the security or integrity of Lawcus’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
- not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
- not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services are hosted;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website and/or the Services;
- reformat or frame any portion of the web pages that are part of the Website and/or the Services;
- not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use);
- create user accounts by automated means or under false or fraudulent pretenses;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Website and/or the Services; and
- not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
- Usage Limitations: Use of the Services may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls you are permitted to make against Lawcus’s application programming interface. Any such limitations will be specified within the Services.
- Communication Conditions: As a condition of these Terms, if you use any communication tools available through the Website (such as any forum, chat room or message center), you agree only to use such communication tools for lawful and legitimate purposes. you must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the Website, you represent that you are permitted to make such communication. Lawcus is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, you must exercise caution when using the communication tools available on the Website. However, Lawcus does reserve the right to remove any communication at any time in its sole discretion.
- Indemnity: You agree to indemnify Lawcus against: all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation you may have to Lawcus, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by you.
- CONFIDENTIALITY AND PRIVACY
- Confidentiality: Unless the relevant party has the prior written consent of the other or unless required to do so by law:
- Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
- Each party’s obligations under this clause will survive termination of these Terms.
- The provisions of Sections 4(A)(I) and 4(A)(II) shall not apply to any information which:
- is or becomes public knowledge other than by a breach of this clause;
- is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
- is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
- is independently developed without access or reference to the Confidential Information.
- INTELLECTUAL PROPERTY
- General: Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Lawcus (or its licensors).
- Ownership of Data: Title to, and all Intellectual Property Rights in, the Data remain your property. However, your access to the Data is contingent on full payment of the Lawcus Access Fee when due. You grant Lawcus a license to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the Services and for any other purpose related to the provision of services to you.
- Backup of Data: You must maintain copies of all Data inputted into the Service. Lawcus adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime but does not make any guarantees that there will be no loss or corruption of Data. Lawcus expressly excludes liability for any loss of Data no matter how caused.
- Third-party Applications and Your Data: If you enable third-party applications for use in conjunction with the Services, you acknowledge that Lawcus may allow the providers of those third-party applications to access your Data as required for the interoperation of such third-party applications with the Services. Lawcus shall not be responsible for any disclosure, modification, corruption or deletion of your Data resulting from any such access by third-party application providers.
- Trademarks: Lawcus, Lawcus’s logo, and any other product or service name or slogan contained in the Website are trademarks of Lawcus and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Lawcus or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Lawcus” or any other name, trademark or product or service name of Lawcus without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Lawcus and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners.
- WARRANTIES; ACKNOWLEDGEMENTS AND INDEMNIFICATION
- Authority: You warrant that where you have registered to use the Service on behalf of another person, you have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service you bind the person on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of these Terms, without limiting your own personal obligations under these Terms.
- Acknowledgements: You acknowledge that:
- You are authorized to use the Services and the Website and to access the information and Data that you input into the Website, including any information or Data input into the Website by any person you have authorized to use the Service. You are also authorized to access the processed information and Data that is made available to you through your use of the Website and the Services (whether that information and Data is your own or that of anyone else).
- Lawcus has no responsibility to any person other than you and nothing in this Agreement confers, or purports to confer, a benefit on any person other than you. If you use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
- You are responsible for ensuring that you have the right to do so;
- You are responsible for authorizing any person who is given access to information or Data, and you agree that Lawcus has no obligation to provide any person access to such information or Data without your authorization and may refer any requests for information to you to address; and
- You shall indemnify Lawcus against any claims or loss relating to:
- Lawcus’s refusal to provide any person access to your information or Data in accordance with these Terms,
- Lawcus’s making available information or Data to any person with your authorization.
- The provision of, access to, and use of, the Services is on an “as is “ basis and at your own risk.
- Lawcus does not warrant that the use of the Services will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Services, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Lawcus is not in any way responsible for any such interference or prevention of your access or use of the Services.
- Lawcus is not your attorney and use of the Services does not constitute the receipt of legal advice. If you have any legal questions, please contact an attorney.
- It is your sole responsibility to determine that the Services meet the needs of your business and are suitable for the purposes for which they are used.
- You remain solely responsible for complying with all applicable laws. It is your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
- DISCLAIMER OF WARRANTIES: WE PROVIDE THE SITE, THE CONTENT, AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Lawcus MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. Lawcus DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
- Consumer Guarantees: You warrant and represent that you are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
- Indemnification: Upon a request by Lawcus, you agree to defend, indemnify, and hold harmless Lawcus, its employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Website, (b) your use of the Services, or (c) the violation of these Terms by you or any third party using your user credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of Lawcus’s gross negligence or intentional misconduct.
- Links to Other Sites: You acknowledge that the Website may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful or inaccurate. These links are provided for your convenience only and do not mean that Lawcus endorses these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
- LIMITATION OF LIABILITY
- YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR LEGAL MALPRACTICE OR NEGLIGENCE OF ATTORNEYS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- If you suffer loss or damage as a result of Lawcus’s negligence or failure to comply with these Terms, any claim by you against Lawcus arising from Lawcus’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the greater of (i) the Access Fees paid by you in the previous three (3) months or (ii) $100.
- If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms in accordance with Section 8 of these Terms.
- Trial policy: When you first sign up for access to the Services you can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If you choose to continue using the Services thereafter, you will be billed from the day you first added your billing details into the Services. If you choose not to continue using the Services, you may delete your organization in the ‘My Lawcus’ section of the Services.
- No-fault termination: These Terms will continue for the period covered by the Access Fee paid or payable under Section 3. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided you continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party at least seven (7) days before the end of the relevant payment period. If you terminate these Terms you shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.
- Breach: If you:
- Breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
- Breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of Section 3 or any payment of Access Fees that are more than thirty (30) days overdue); or
- You or your business become insolvent or your business goes into liquidation or has a receiver or manager appointed of any of its assets or if you become insolvent, or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction,
- Lawcus may take any or all of the following actions, at its sole discretion:
- Terminate this Agreement and your use of the Services and the Website;
- Suspend for any definite or indefinite period of time, your use of the Services and the Website;
- Suspend or terminate access to all or any Data.
- Take either of the actions in sub-clauses (I), (II) and (III) immediately above of this Section 8(D) in respect of any or all other persons whom you have authorized to have access to your information or Data.
- For the avoidance of doubt, if payment of any invoice for Access Fees due is not made in full by the relevant due date, Lawcus may: suspend or terminate your use of the Service, the authority for all or any of your Organizations to use the Service, or your rights of access to all or any Data; provided that you shall have access to your Data for thirty (30) days following the date such suspension or termination of the Service.
- Accrued Rights: Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement you will:
- remain liable for any accrued charges and amounts which become due for payment before or after termination; and
- immediately cease to use the Services and the Website.
- Expiry or termination: Sections 3(A), 3(G), 4, 5, 6, 7, 8 and 10 survive the expiration or termination of these Terms.
- HELP DESK
- Technical Problems: In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting Lawcus. If you still need technical help, please check the support provided online by Lawcus on the Website or failing that email us at support@Lawcus.com.
- Service Availability: While Lawcus intends that the Service should be available twenty four (24) hours a day, seven days a week, it is possible that on occasions the Service or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason Lawcus has to interrupt the Service for longer periods than Lawcus would normally expect, Lawcus will use reasonable endeavors to publish in advance details of such activity on the Website.
- Waiver: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
- Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
- No Assignment: You may not assign or transfer any rights granted to you pursuant to these Terms to any other person without Lawcus’s prior written consent.
- Governing Law and Jurisdiction: If the information or Data you are accessing using the Services and the Website is solely that of a person who is tax resident in the United States of America at the time that you accept these terms then the State of California law govern this Agreement and you submit to the exclusive jurisdiction of the state courts of San Francisco County, California or federal court for the Northern District of California for all disputes arising out of or in connection with this Agreement.
- Severability: If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
- Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Lawcus must be sent to support@Lawcus.com or to any other email address notified by email to you by Lawcus. Notices to you will be sent to the email address which you provided when setting up your access to the Service.
- No Third Party Beneficiaries: A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
11. EU General Data Protection Regulation (GDPR)