THIS TERMS OF SERVICE DOCUMENT (the “Agreement,” “Terms of Service,” or “Terms”) IS A BINDING CONTRACT. PLEASE READ IT FULLY AND CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE CERTAIN DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU MAY NOT USE ANY WEBSITE, SERVICE, PRODUCT, CONSULTATION, ANY OTHER MATERIAL WHATSOEVER BY US, AND YOU MAY NOT SEND US ANY MONEY WITHOUT AGREEING TO THIS BINDING CONTRACT. BY USING ANY WEBSITE, SERVICE, PRODUCT, CONSULTATION, ANY OTHER MATERIAL WHATSOEVER BY US, OR SENDING US ANY MONEY YOU REPRESENT AND AGREE THAT YOU HAVE READ THESE TERMS OF SERVICE FULLY AND COMPLETELY AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN.
THIS VERSION OF THESE TERMS OF SERVICE WILL BECOME EFFECTIVE ON THE BEGINNING OF OCTOBER 10, 2018.
This website is owned and operated by Attorney IO, LLC. Blog posts and articles are owned by Attorney IO News, LLC. Throughout the website, the terms “we”, “us” and “our” refer to Attorney IO, LLC and Attorney IO News, LLC. We offer this website and all related information, tools, courses, materials, resources, consulting, and services available from this website to you, the “user,” expressly conditioned upon your acceptance of all terms, conditions, policies and notices stated in this Agreement.
By accessing, browsing, visiting, or using our website in any way whatsoever, purchasing anything whatsoever from us, or using in any way whatsoever any and all related information, tools, courses, materials, resources, consulting, and services whatsoever, you engage in our “Service” and agree to be bound by the terms and conditions described in this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. The use of the word “Service” throughout this Agreement shall be construed broadly and includes but is not limited to all of our web sites, content, tools, products, offerings, communications, writings, consultations, and other expression or functionality by us. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website or any other aspect of the Service. By accessing or using any part of the website or any other aspect of the Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any part of the Service.
Any new features, products, services, materials, updates, and/or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to this web page. It is your responsibility to check this web page periodically for changes. Your continued use of or access to the website or any other aspect of the Service following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – NO ATTORNEY-CLIENT RELATIONSHIP AND NO LEGAL ADVICE
Attorney IO, LLC and Attorney IO News, LLC are not attorneys, law firms, or legal referral services. While we provide services to attorneys, you should not and may not treat us as an attorney.
While the Service including but not limited to its content often concerns legal issues, it is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and should not be considered a substitute for advice from qualified legal counsel licensed to practice in the appropriate jurisdiction.
The Service provides an information starting point. The Service does not provide or replace individualized legal advice. The Service may include information which is out-of-date, jurisdiction-specific, incomplete, erroneous, or applicable only based on a specific set of facts and this may not apply to your situation.
Please be aware that the statute of limitations (the deadline imposed by law within which you may bring a lawsuit) may severely limit the time remaining for you to file any potential claim. If you believe you might have a legal claim or other legal issue you should attempt to retain qualified and licensed legal counsel in your jurisdiction as soon as possible.
The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney who is licensed in the appropriate jurisdiction who you have retained. Such a licensed and retained attorney generally has a professional duty to advise you after being fully informed of all the pertinent facts, and who is licensed in the applicable state, and who is familiar with the applicable law. Internet subscribers and online readers should seek professional legal counsel about their legal rights and remedies. You should not act or refrain from acting on the basis of any information found in connection with the Service. Any actions or decisions about your legal rights should be based on the particular facts and circumstances of your situation, and appropriate legal advice from professional counsel.
The Service, and your use thereof, does not create an attorney-client relationship, nor does our receipt of any email or other communication sent by or for you through or in connection with the Service. We do not warrant or guarantee the legal or other accurateness, completeness, adequacy or currency of the information contained in, linked to, or related to the Service. Your use of information on the Service or materials linked to or related to the Service is entirely at your own risk. Because the information provided on the Service, and materials linked to on the Service, are general in nature, you should not act or rely on any information on the Service without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular problem. Further, some content may contain descriptions of matters in which a legal claim was successful. Such content (and all other aspects of the Service) is not intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of outcome. The information contained throughout the Service does not necessarily reflect the opinions of any other person (whether natural persons or otherwise) other than our own opinion, and such opinion may or may not ultimately be correct.
SECTION 2 – LAW BY CHOICE
Attorney IO, LLC currently provides a free service called Law by Choice (“LBC”). LBC may host contracts and log digital signatures to those contracts. However, LBC is just a platform akin to popular social media platforms. Just because LBC hosts a contract does not mean we endorse such a contract. We do not assert any particular LBC contract is legally beneficial to you or any particular party to it. We simply provide the option to sign, and it is up to potential signers to determine whether it is in their best interests to sign. We strongly suggest consulting with your own legal counsel licensed to practice in your jurisdiction before signing an LBC contract.
We are not parties to any contract hosted on LBC. Parties to such LBC contracts are only agreeing among other users of this website, but not us. We are not liable or responsible under these LBC contracts or for them whatsoever. YOU PROCEED ENTIRELY AT YOUR OWN RISK WHEN SIGNING AN LBC CONTRACT. We are currently hosting LBC contracts and providing this service for free but have no obligation whatsoever to continue to provide this or any other service, or to take any action or refrain from taking any action as a result of the LBC contracts. This is so even if discontinuing LBC or any portion of it would make it difficult or impossible to continue with some or all LBC contracts.
We may intentionally or accidentally lose data that confirms your agreement to an LBC contract. We are not responsible whatsoever for any such lost data, even if this means it is difficult or impossible for you to secure a legal right afforded to you under an LBC contract. After signing an LBC contract, you may get a message confirming such signature. You should take a screenshot of such a confirmation and save it. This screenshot might be useful as evidence of your signature if we lose data relating to your signing of an LBC contract. You may also wish to take a video of your signing process for a potentially stronger source of evidence supporting any assertion by you that you are a party to an LBC contract.
You should never act or refrain from acting based on an LBC contract other than as directly required by its terms. Further, be mindful that not every issue can be arbitrated, and you can never force arbitration on people who did not opt-in. Additionally, an arbitrator, court, or other tribunal may decide to modify an LBC contract (substantially or otherwise).
We may (but are not required to) publish your name, date of signature, and submitted comments if you sign an LBC contract. We may also (but are not required to) give all of the details you submit (such as name, email, and zip code) to other LBC users to verify that you are a party to a contract. For example, and without limiting the generality of the foregoing, we might publish a registry where someone can enter a person’s name and/or email address and receive a verification that such a person is a party to an LBC contract.
SECTION 3 – ONLINE STORE TERMS
By agreeing to these Terms of Service, 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 website and for them to be bound by these Terms of Service.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction or our jurisdiction. For the avoidance of doubt, and without limiting the generality of the preceding sentence, your use of the website will comply with all applicable laws, rules and regulations that govern the export of technical data.
Certain sections of, or offerings from, the Service may require you to register. If registration is requested, you agree to provide us with accurate and complete registration information. For example, your registration must be done using your real name. Each registration is for your personal use only unless otherwise expressly authorized. If you are registering for a portion of the Service designated as for use by a single user, we do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users whether on a network or otherwise. For example, you may not register for access as a single user and share access among multiple individuals at your law firm or organization. You are responsible for preventing such unauthorized use. Your right to use the Service and any portion thereof is not transferable or assignable in the absence of our written consent. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Any password or right given to you to obtain information or documents is not transferable or assignable.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms may result in an immediate termination of your access to the Service or any part thereof.
SECTION 4 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, except where doing so is prohibited by applicable law.
You acknowledge and agree that no particular outcomes or results from using our Service are guaranteed or are asserted to be likely.
No part of our Service (including but not limited to this Agreement) shall be deemed to create an agency, partnership, joint venture or employee-employer relationship between you and us in the absence of a writing signed and dated by us and you specifically indicating the existence of any such relationship.
You represent and agree that you have not and will not choose a password (or any other confidential login credential) for any accounts with our Service that is the same or similar to any passwords or confidential login credentials you have or will use on any other website or service.
You understand that your content (not including credit card information), may be transferred or stored unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The section headings used in this agreement are included for convenience only and will not limit, clarify, or otherwise affect the substance or meaning of this Agreement or any of its provisions in any way whatsoever.
SECTION 5 – ACCURACY, COMPLETENESS, TIMELINESS, AND USEFULNESS
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material included as part of the Service is at your own risk.
We reserve the right to modify the contents of this website or make any other modifications whatsoever to the Service at any time, but we have no obligation to update any information on our website or to make any other modifications to the Service.
You agree that if you are paying us for the Service or any portion thereof (except reduced-price fees designated as a “trial” or “demo”) you have taken full and comprehensive advantage of any associated free or reduced-price trials and thoroughly inspected the relevant portions of the Service to ensure they work sufficiently to your approval with the types of input (such as documents) you anticipate potentially submitting in the future. You acknowledge and agree that the portions of the Service involving the analysis of documents may work substantially better for some documents compared to others. You acknowledge and agree that if you are paying for a subscription (except reduced-price fees designated as a “trial” or “demo”) you have fully and comprehensively availed yourself of free or reduced-price trial services with a fully representative sample of the types of documents you anticipate analyzing as part of your subscription going forward.
You acknowledge and agree that any analysis performed on any submitted documents is provided for preliminary education and information purposes only. Such analysis is merely an information starting point. You represent and agree that you will not rely on such analysis whatsoever and will instead form your own independent professional judgment as to the usefulness or lack thereof of any such analysis including but not limited to suggested judicial cases. If a judicial case is suggested to be relevant as part of an analysis of a submitted document, that merely represents our opinion on possible relevance. Cases suggested to be possibly relevant may no longer be good law for all or some propositions and such cases may have any other problems or drawbacks associated with the usefulness or lack thereof of any judicial case to a particular circumstance, lawsuit, or other action.
Please be advised that, while we make efforts to secure user submitted data (including through the use of encryption over HTTPS pages), all electronic submissions of data including submissions to us may be insecure or subject to unauthorized intrusions. Accordingly, you are strongly urged to differentiate between the submission of public documents for analysis (for example, a brief publicly filed by another party to an action you are involved in) and the submission of confidential information (for example, a draft of a brief containing information that must be kept secret). In the event you wish to submit a document containing confidential matters, you acknowledge and agree that it is best not to transmit such a file over the Internet in a non-redacted form. You may also wish to provide only “table of authorities” portions or similar portions of confidential documents referring only to a list of judicial citations instead of submitting confidential documents in whole. It is typical that documents with few relevant citations to judicial cases submitted for analysis as part of any Service will produce little to no useful and responsive analysis.
You may not submit materials to us that you would not be able to share with a public law library’s research librarian.
From time to time throughout the Service we may use language suggesting the possibility that a person or group of persons might be engaging in or refraining from activity that is potentially inconsistent with a particular legal principle or theory. Any such assertions reflect our opinion as to a possibility only. Any such assertions by us should never be deemed to be a statement of fact or of certainty or likelihood that any particular persons or group of persons is in actuality in violation of any applicable law. For example, we might post an article on a blog or elsewhere on the Service expressing our opinion that it is possible a person or group might be held liable under a particular legal theory. However, such an opinion by us is asserted only to provide an information starting point and to stimulate public discussion of potential legal issues. It is entirely likely that after the stimulation of such discussion, more details as to the facts or legal theories would come to light and reveal that our initial theory is less likely or inaccurate. Therefore, you agree that you will not come to any negative conclusion nor shall you ever act or refrain from acting based upon any statement or communication by us that you perceive might have negative connotations relating to a particular person or group of persons. It is commonplace for persons or groups of persons who are thought to be potentially outside of compliance with applicable law to ultimately be proven to be in compliance after thorough discussion and debate.
SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service other than as described in the next sentence. If a user has paid for a subscription plan for a specified length of time, and that subscription offering as a whole is discontinued, the user shall receive a pro rata refund for all unused time remaining in the subscription. No other refunds are required by us unless required by law, including but not limited to refunds for downtime or delays in the Service.
SECTION 7 – PRODUCTS OR SERVICES
Certain products or services may be available through the website. These products or services may have limited quantities and are subject to return or exchange if quantities or availabilities run out or otherwise necessitate return or exchange.
We reserve the right, but are not obligated, to limit the sales of our products or Service 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 any time without notice, at the sole and absolute discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
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 Service will be corrected. We reserve the right (but have no obligation) to have human legal researchers analyze and otherwise work with user submitted documents to improve the quality of our Service.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per organization, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, would cause an undue burden on us to fulfill.
SECTION 9 – THIRD PARTY MATERIALS
We may provide you with access to third-party materials, resources, tools, and/or content over which we neither monitor nor have any control nor input. We include these links solely as a convenience to you, and the presence of such a link does not imply an endorsement of the linked website, its operator, or its contents. The Service does not incorporate any materials appearing in such linked sites by reference.
YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE ACCESS TO SUCH THIRD PARTY MATERIALS, RESOURCES, TOOLS, OR CONTENT “AS IS”, “WITH ALL FAULTS” 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 THIRD PARTY MATERIALS, RESOURCES, TOOLS, OR CONTENT.
Any use by you of third-party products, services, or any other content offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which products, services, or any other content whatsoever 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 but not limited to the release of new third-party materials, resources, tools, and/or content). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials, resources, tools, and/or content from third-parties.
Third-party links on this website 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, PERSONS, OR ENTITIES. 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.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All ideas, business opportunities, business plans, thoughts, proposals, concepts, comments, manuscripts, illustrations, and all other similar materials, whether oral or written, (collectively, “Comments”) disclosed or offered to us on or in connection with the Service are submitted without any restrictions or expectation of confidentiality. We shall have no financial or other obligations to you when you submit such Comments, nor shall you assert any proprietary or moral right of any kind with respect to such Comments. We shall have the unrestricted right to use, publish, reproduce, transmit, download, upload, post, display, incorporate these Comments (in whole or in part) in other works in any form, media or technology now known or later developed, or otherwise distribute your Comments in any manner without notice, attribution, or compensation to you.
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 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.
SECTION 12 – PERSONAL INFORMATION
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical or other errors, inaccuracies or omissions including but not limited to those that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the 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 Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service: (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 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 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) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
IN NO EVENT SHALL ATTORNEY IO, LLC AND ATTORNEY IO NEWS, LLC OR THEIR EMPLOYEES, PARENTS, OWNERS, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE OR THE SERVERS MAKING THEM AVAILABLE ARE FREE OF VIRUSES, VULNERABILITIES, OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND OFFERINGS DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US IN A WRITING SIGNED BY US) PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR SERVICE INCLUDING BUT NOT LIMITED TO ITS CONTENT, YOU AGREE THAT ATTORNEY IO, LLC AND ATTORNEY IO NEWS, LLC ARE NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS IN RELIANCE UPON THE SERVICE INCLUDING BUT NOT LIMITED TO ITS CONTENT. YOU ALSO AGREE THAT THE AGGREGATE LIABILITY OF ATTORNEY IO, LLC AND ATTORNEY IO NEWS, LLC ARISING FROM OR RELATED TO YOUR USE AND ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS), IS LIMITED TO THE GREATER OF THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM ATTORNEY IO, LLC OR ATTORNEY IO NEWS, LLC IN THE APPLICABLE TRANSACTION OR ONE HUNDRED DOLLARS ($100). THE AMOUNTS DESCRIBED IN THE PREDCEDING SENTENCE SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US. IN NO CASE SHALL ATTORNEY IO, LLC AND ATTORNEY IO NEWS, LLC OR THEIR DIRECTORS, OFFICERS, PARENTS, OWNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST OPPORTUNITY, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, CONSTRUED BROADLY, WHETHER BASED IN CONTRACT, STATUTE, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR INTENTIONAL TORTS), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH OUR SERVICE OR RELATED CONTENT (INCLUDING THIS AGREEMENT), YOUR SOLE AND EXCLUSIVE REMEDY IS TO COMPLETELY DISCONTINUE USING OUR SERVICE. 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 MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Attorney IO, LLC and Attorney IO News, LLC and their parents, owners, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Service, relationship to us, and/or your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – SEVERABILITY AND PRIORITY OF AGREEMENT
Every provision in this Agreement and every application of the provisions in this Agreement shall be construed to be enforceable up to but no further than the maximum possible extent consistent with any applicable law, even if that construction is not readily apparent, as such constructions are authorized only to the extent necessary to save the provision from judicial invalidation. Any unenforceable provision shall be replaced by a provision which comes closest to the intention of the parties at the time the original provision was agreed upon.
Every provision in this Agreement and every application of the provisions in this Agreement are severable from each other. If any application of any provision in this Agreement to any person or group of persons or circumstances is found by a court to be invalid, the remainder of this Agreement and the application of the Agreement’s provisions to all other persons and circumstances shall not be affected to the maximum extent not prohibited by law. All valid applications of this Agreement shall be severed from any applications that a court finds to be invalid, leaving the valid applications in force, because it is the parties’ intent and priority that the valid applications be allowed to stand alone.
To the extent that anything in or associated with the Service (including but not limited to its content) is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
SECTION 18 – TERMINATION
Our rights under this Agreement shall survive any termination of this Agreement.
We may, in our sole discretion, terminate your access to the Service (or any part thereof), and remove and discard any portion of the Service at any time, without notice, for any reason (or for no reason), including, but not limited to: (i) conduct that violates this Agreement, or other policies or guidelines set forth by us elsewhere through the Service, (ii) conduct we believe is harmful to other users, the business of Attorney IO, LLC or Attorney IO News, LLC or affiliates or (iii) failure to timely pay any applicable subscription fees. We will not be liable to you or any third party for any termination of your access to the Service or the discarding of any content. The sole exception to the preceding sentence is that we will provide a pro rata refund for remaining time left on a subscription that is terminated in whole without any rational basis. You acknowledge and agree that you are not entitled to any refunds of any kind whatsoever unless required by law or by the preceding sentence.
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The waiver of a breach of any term or provision of these Terms of Service, which must be in a writing signed by us, shall not operate as or be construed to be a waiver of any other previous, contemporaneous, continuing, or subsequent breach of these Terms of Service.
These Terms of Service and any policies or operating rules posted by us on this website or with respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, representations, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
You agree that any ambiguities in the interpretation of these Terms of Service shall be construed as to their fair meaning. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.
SECTION 20 – INFORMAL CLAIM RESOLUTION
In order to reduce the cost of any claim, action, grievance, or complaint, or dispute related to, or arising out of, the Service, including but not limited to these Terms of Service, or your relationship with us, (a “Claim”) all parties agree to first attempt to negotiate any Claim informally and in good faith for at least forty-five (45) days before either party initiates any court proceeding or arbitration. These negotiations shall commence upon receipt of written notice by the party raising the Claim. We shall send our notice to the e-mail address we have on file for you. You shall send your notice to email@example.com.
If these informal resolution attempts fail, if any party is willing to pay all of the costs of a non-binding mediation service, or is able to secure such mediation services for free, such party may require all other parties to submit to that party’s chosen mediation service, and to participate in the mediation in good faith, prior to the filing or institution of any Claim, for as long as that party shall choose up to a maximum of five (5) hours or as otherwise agreed by the parties. For the avoidance of doubt, the words “costs of a non-binding mediation service” refer solely to the costs charged by the provider of mediation services, and not any costs, attorney’s fees, or any other expenses whatsoever of any other party.
In the event multiple parties are willing to pay for a mediator or acquire such services for free, and the parties disagree as to which mediator should be used, the party raising the Claim may select the mediator and be responsible for the costs of such non-binding mediation service if desired by such party.
The pre-dispute negotiation (and mediation, if applicable) procedure described in this SECTION must be strictly followed. If the pre-dispute negotiation and mediation procedure described in this SECTION is not followed strictly, and an action is commenced by a party against another party to this Agreement, or relating to this Agreement or any other aspect of the Service, any defendant to the action may send a “Demand to Cure” letter to the party or parties who instituted the action. This Demand to Cure letter shall give the party or parties instituting such an action fifteen (15) calendar days to file a dismissal without prejudice of the entire action and to confer in good faith regarding the scheduling of a pre-dispute negotiation (and mediation, if negotiation fails) as described above.
If a Demand to Cure letter is sent pursuant to this SECTION, and the party or parties instituting the action does not so file the dismissal without prejudice of the entire action, the party or parties instituting the action shall owe us liquidated damages in the amount of ten thousand dollars ($10,000). The parties agree that such liquidated damages amount is reasonable because it would be impracticable or extremely difficult to determine the actual damage resulting from a failure to negotiate (or mediate, if applicable) a dispute; that negotiation and mediation can dramatically reduce the costs of disputes and often do so well in excess of $10,000; and that mediators are at times able to charge $10,000 or more for a mediation precisely because of the enormous benefits in terms of reduced attorneys’ fees and other litigation expenses.
SECTION 21 – GOVERNING LAW AND FORUM
You agree that (i) the Service shall be deemed solely based in California and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. You agree that we do not have minimum contacts with any jurisdiction other than California and further that you are not of a contrary understanding.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, United States of America, without reference to any conflict of law or choice of law principles (whether of the State of California’s or of any other jurisdiction). The application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms of Service is expressly excluded.
Any Claim whatsoever (except to the extent required by SECTION 23) shall be brought exclusively in the state or federal courts having jurisdiction over Santa Monica, California, United States of America, and you agree to submit to the exclusive personal jurisdiction of such courts. You agree to irrevocably waive, release, and surrender any objection or argument that the state or federal courts having jurisdiction over Santa Monica, California, are an inconvenient forum. You expressly agree that we could not reasonably anticipate being sued in any forum other than one having jurisdiction over Santa Monica, California, that it would offend traditional notions of fair play and substantial justice to bring suit in any other forum, and that we have not purposefully availed ourselves of any privileges of conducting activities within any forum other than in Santa Monica, California. This exclusive choice of jurisdiction, venue, and forum in courts having jurisdiction over Santa Monica, California is a material condition of these Terms of Service and you agree that our listed prices would be substantially higher if we agreed to submit to a different forum. If you wish to negotiate this provision prior to using the Service in any way or accepting these Terms of Service, please contact us so that we can discuss higher prices that would offset the additional burden to us of potentially submitting to a different forum.
SECTION 22 – LIMITATION OF CLAIMS
Any lawsuit, arbitration, claim, action, complaint, administrative grievance, or request for relief of any kind whatsoever (collectively, “Claim”) against us must be brought within one (1) year following the date the Claim first accrued, or shall be deemed irrevocably waived, barred, released, and surrendered.
SECTION 23 – ARBITRATION
This SECTION governs the resolution of any dispute, claim, or controversy (“Disputes”) by any specific party actually or reasonably estimated to be valued (exclusive of any attorneys’ fees, expert fees, or other fees or expenses incurred in connection with the resolution of the Dispute) at ten thousand dollars ($10,000) or less (the “Arbitrable Disputes”). For the avoidance of doubt, a specific party with a Dispute seeking damages and/or other relief actually or reasonably estimated to be valued at ten thousand dollars ($10,000) or less must submit such Dispute to arbitration instead of litigating in the courts. A party may not aggregate, consolidate, or combine its alleged damages or other remedies with any other party (whether on a class, representative, multi-plaintiff basis, or otherwise) in order to exceed the ten thousand dollar ($10,000) threshold specified herein. In the event of a disagreement as to the actual or reasonable potential value of any Dispute, the arbitrator (instead of any court) shall adjudicate the disagreement.
You as well as Attorney IO, LLC and Attorney IO News, LLC each agree that any and all Arbitrable Disputes that have arisen or may arise between you and Attorney IO, LLC and Attorney IO News, LLC shall be resolved exclusively through final and binding arbitration, rather than in court. Notwithstanding the preceding sentence, If an arbitration award is ultimately issued including a monetary sum (or, if inclusive of other remedies, if the total cost of all remedies will amount to) more than ten thousand dollars ($10,000) then the award may be vacated by a court having jurisdiction if the arbitrator exceeded his/her authority under the applicable law or this Agreement. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
YOU AS WELL AS ATTORNEY IO, LLC AND ATTORNEY IO NEWS, LLC ALL AGREE THAT YOU AS WELL AS ATTORNEY IO, LLC AND ATTORNEY IO NEWS, LLC MAY EACH BRING ARBITRABLE DISPUTES AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, MULTI-CLAIMANT, OR CLASS PROCEEDING. FURTHER, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER OF OUR USERS.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.
You and we hereby agree and elect that the arbitration shall be conducted by telephone and/or based solely on written submissions. This election described in the prior sentence shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. If physical presence at an in-person hearing is required, that hearing shall take place in Santa Monica, California.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege and confidentiality recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different of our users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Any discovery or comparable process in connection with the arbitration shall be limited to those discoverable matters that are (1) likely to affect the final disposition of the arbitration; and (2) not unreasonably burdensome to produce when comparing the probative value of the requested material to its likely effect on the determination of liability or size of any arbitration award. All exchanges as part of any arbitration discovery process or comparable process (including but not limited to the exchange of documents, responses, and testimony) shall be kept confidential and shall not be disclosed other than to the party’s attorneys and the arbitrator unless and only to the extent required by law. Nothing contained in this Agreement shall provide, enlarge, or expand any right to discovery under AAA rules or as may be subject to the arbitrator’s discretion.
Each party to an arbitration shall bear one-half of the arbitration fees and costs incurred through AAA. Each party shall bear its own fees and expenses (including but not limited to attorneys’ fees and experts’ fees) except as provided in California Code of Civil Procedure § 425.16.
For the avoidance of doubt, all arbitration proceedings are fully subject to California Code of Civil Procedure § 425.16 and SECTION 23 herein to the same extent as court proceedings in California state courts. California Code of Civil Procedure § 425.16 provides for the shifting of “attorney’s fees and costs” in specific circumstances. For purposes of interpreting California Code of Civil Procedure § 425.16 only, the parties agree that the term “attorney’s fees and costs” shall include but is not limited to all costs, fees, and expenses of the arbitration, including but not limited to arbitrator fees and AAA expenses.
SECTION 23 – ALL PORTIONS OF THE SERVICE CONSTITUTE PROTECTED FREE SPEECH
You expressly agree that our Service and every aspect thereof (including but not limited to all materials, information, content, communications, consultation, expression, products, tools, applications, and data provided by us) affects the public, and that any such aspects of the Service involves related speech and as such necessarily constitutes the exercise of the constitutional right of free speech by us in connection with a public issue or an issue of public interest as those terms are used in California Code of Civil Procedure § 425.16. As such, you acknowledge and agree that any Claim whatsoever brought against us shall reasonably be construed as complaints about an act or acts that were taken in furtherance of our right of petition or free speech under the United States or California Constitution in connection with a public issue, as defined in California Code of Civil Procedure § 425.16. That you agree our Service and all portions thereof qualify as protected free speech or free petition activity as used in California Code of Civil Procedure § 425.16 is a material condition of this agreement. If you wish to negotiate this provision prior to using the Service in any way or accepting these Terms of Service, please contact us so that you and we can discuss higher prices that would offset the additional burden to us of having our speech not be mutually agreed to be considered protected activity as provided in this provision.
SECTION 24 – TERMS ARE NON-ADHESIVE, REASONABLE, AND NEGOTIABLE
These Terms of Service are subject to negotiation if desirable prior to acceptance. If you do not wish to agree with any of the provisions of this document, you have the right to contact us so that you and we can discuss the possibility of an individualized agreement. You may not use the Service or form any relationship with us if you do not agree to these Terms of Service if you do not already have an individualized agreement expressly permitting such use.
Such individualized agreement is fully and entirely negotiable. For any individualized agreement to be valid or binding, it must take the form of a writing signed and dated by all parties and sent via an email message from us at the email address firstname.lastname@example.org to your email address.
If there is no record of a mutually signed and dated individualized agreement sent by the above-mentioned email address to you, you agree that there is no binding individualized agreement and that your relationship with us is controlled by these Terms of Service. You agree that if you have not received an email from us as described in this provision, but you are under the impression that one should have been sent, you will send us an email to email@example.com requesting that we send you the agreement from the above-mentioned email address as described in this provision. You agree that we will never intend to be bound by an individualized agreement if we have not followed this procedure strictly as described herein.
Because of the negotiable nature of these Terms of Service, you agree that by accepting the Terms of Service in their current form, every provision and all describing language is reasonable. Further, you agree that these Terms of Service do not constitute a contract of adhesion because you may negotiate with us for an individualized agreement as described above. You expressly acknowledge and agree that we are a small business, that we are not a stronger party than any other party, and that we do not have superior bargaining strength compared with any other party.
SECTION 25 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserves the right in our sole discretion, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. It is your responsibility to periodically check this web page for changes. Your continued use of the Service will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
SECTION 26 – DELEGATION OF RIGHTS AND RESPONSIBILITIES
We may, in our sole and absolute discretion, assign and/or delegate rights and responsibilities in connection with the Service or these Terms of Service. We may, for example, sell business assets, sell the business entirely, or change our legal business structure. We may enter into collaborations with other businesses, including but not limited to collaborations involving working with consultants from other entities. We may initiate or discontinue relationships with consultants at any time.
SECTION 26 – CONTACT INFORMATION
Communications regarding the Terms of Service or any other legal matter should be sent to us at firstname.lastname@example.org. You agree that we may send communications regarding these terms and any other matters to you at the email address that we have on record for you, if applicable.