TERMS OF SERVICE
Effective Date: October 4, 2017
Welcome to Gavelytics™, a service operated by SSB Legal Technologies, LLC (the “Company,” “we,” “our” or “us”) through its website located at www.gavelytics.com (the “Site”). Please read carefully the following terms and conditions (this “Agreement”) governing your use of the Site, and the content, reports, information or other materials we provide through the Site (the “Company Content”). As used in this Agreement, the term “Affiliated Parties” of the Company means its officers, directors, members, agents, representatives, contractors, employees, licensors and assignees.Any capitalized terms used but not defined in this Agreement shall have meaning provided in the Purchase Order that you signed in order to access the Site./p>
BY VISITING OR USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SITE. We may modify this Agreement from time to time. When changes are made we will make the revised version available on the Site, indicating at the top of this page the date that revisions were last made. YOUR USE OF THE SITE AFTER SUCH POSTING WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES.
- Your Account. Although you may freely visit and browse the Site, in order to use the service we provide through the Site, you must create a user account, which requires you to provide us with information about yourself, including your full name, email address, telephone number and a password. By doing so, you agree to provide only accurate and complete information about yourself and to update us as to any changes to such information. Each account creation or registration is for that single user only, unless such account creation or registration is expressly stated by the Company as intended for use by multiple users. You accept all responsibility and liability for all activities that occur under your account and password. You must notify us immediately if you believe there has been unauthorized use of your account or password. You also agree to receive communications from us to the email address you provided. You may opt out of receiving some email correspondence from us, but some account-related communication must and will continue to be sent to your email address.
- Intellectual Property and Ownership. The Site, the Company Content, their design and layout, and the underlying software, data and algorithms, are the exclusive property of the Company or its licensors and are protected by U.S. and international intellectual property rights, including without limitation, copyright, trademark rights and trade secret rights. The trademark Gavelytics™ and its corresponding logo is owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners.
- License to Use. Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-sublicenseable, non-transferable and revocable license, during your Evaluation Period and Subscription Term, to use the Site and Company Content for personal use only, which includes the right to use the Site and Company Content for the purpose of providing services to third parties (e.g., legal services). The foregoing license shall apply to each of your licensed users. This license is valid so long as your account has not been terminated by us or by you, or you are not barred from the Site by applicable law. Except as expressly provided above, we do not grant you any express or implied licenses or rights under any trademarks, copyrights, patents or other intellectual property or proprietary rights of the Company.
- User Content. The Site may enable you to post or submit content and materials for publication (“User Content”). By posting User Content, you represent to us that you own or have sufficient rights to the User Content, and you grant to us the right to use, reproduce, modify, adapt and publish the User Content for the purpose of offering the Site.
- Restrictions. You agree to the following restrictions in your use of the Site:
- you may not duplicate, decompile, reverse engineer, publish or redistribute the Site or its underlying technology;
- you may not duplicate, publish, or redistribute the Company Content;
- you may not use any framing techniques or technology to enclose any portion of the Site;
- except as expressly provided in Section 4 above, you may not use the Site or Company Content for any purpose other than your personal use;
- you may not use the Site for the purpose of creating or maintaining a competitive product or service;
- you may not interfere with the rights of other users to use the Site;
- you may not use the Site for any unlawful purpose;
- you may not impersonate another person or use another user’s account information without permission;
- you will not use this Site for purposes of distributing advertising, promotions, solicitation for goods, services, funds, organizations or any other purpose without our prior written consent
- You may not violate our security features, including without limitation, logging into a server that you are not authorized to access, probing the vulnerability of our systems and networks, or otherwise transmitting to or through the Site material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
- You may not post, transmit or otherwise make available through the Site any information or other material that: (i) infringes or otherwise violates the rights of any third parties; or (ii) is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense.
If you violate any of the foregoing restrictions, we may immediately terminate your account, and you may also be subject to civil or criminal penalties.
- Third Party Sites.The Site may include links to other websites or applications, or functionality to connect with other websites (each, a “Third Party Site”) or advertisements. We do not control or endorse any Third Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third Party Site or advertisement. Your use and access of a Third Party Site is at your own risk, and is subject to the terms and conditions for such Third Party Site.
- By Company. We may terminate or suspend your right to use the Site at any time for any or no reason by providing you with written or email notice of such termination or suspension, and such termination or suspension shall be effective immediately upon delivery of such notice. If we terminate or suspend your right to use the Site without cause, we will refund to you a pro-rated portion of the fees you have paid, if any, for the use of the Site.
- By You. Except as provided in a purchase order for a subscription or free evaluation to our Site, you may cancel your account and terminate this Agreement at any time by contacting us as provided in Section 12.g. below. Please refer to our Payment Policy for our refund policy.
- Effect of Termination. All sections of this Agreement that by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
- Disclaimer of Warranties and Limitations of Liability. PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF THE COMPANY AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- "As-Is" Basis. THE COMPANY PROVIDES THE SITE AND COMPANY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS.YOUR USE OF THE SITE AND COMPANY CONTENT IS AT YOUR OWN DISCRETION AND RISK.
- No Warranties; Release. THE COMPANY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SITE OR THE COMPANY CONTENT, AND WE HEREBY EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SITE OR THE COMPANY CONTENT. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY COMPANY CONTENT. WE DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE COMPANY CONTENT WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, AVAILABLE, ACCURATE, OR THAT ANY DEFECTS THEREIN WILL BE CORRECTED. YOU AGREE TO RELEASE THE COMPANY AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE COMPANY CONTENT.
- No Legal Advice. THE SITE AND THE COMPANY CONTENT ARE NOT INTENDED TO SERVE AS, AND SHALL NOT BE USED, AS LEGAL ADVICE. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BETWEEN YOU AND THE COMPANY.
- Limitation of Liability. IN NO EVENT WILL THE COMPANY OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL AND/OR PUNITIVE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE COMPANY CONTENT.
- Maximum Liability. WITHOUT LIMITING ANY OTHER PROVISION IN THIS AGREEMENT, THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE OR THE COMPANY CONTENT IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY IN CONNECTION WITH YOUR USE OF THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
- Sole and Exclusive Remedy. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR THE COMPANY CONTENT, OR ANY OTHER GRIEVANCE RELATED THERETO, SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SITE AND THE COMPANY CONTENT.
- Indemnification. You agree to indemnify, defend and hold harmless the Company and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys' fees and costs incurred by the Company and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of the Site or Company Content, (ii) any User Content you submit, post or transmit through the Site, (iii) your violation of this Agreement or your violation of any rights of a third party, or (iv) your violation of any applicable law, rules or regulations. You agree that you will cooperate as reasonably requested by the Company in the defense of such claims. The Company and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- Digital Millennium Copyright Act: The Company respects the intellectual property rights of others and expects its users to do the same. We may remove content that, in our view, appears to infringe the intellectual property rights of others. In addition, the Company, in its sole and absolute discretion, may terminate the right to use the Site of any user who infringes the intellectual property rights of others. If you believe any material on the Site infringes your copyright, you may request removal of that material from the Site by contacting our copyright agent (identified below) and providing the following information: (i) identification of the copyrighted work that you believe to be infringed (please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work); (ii) identification of the material that you believe to be infringing and its location (please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material); (iii) your name, address, telephone number and (if available) e-mail address; (iv) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf; and (vi) a signature or the electronic equivalent from the copyright holder or authorized representative. Submit information to:
SSB Legal Technologies, LLC
2801 Ocean Park Blvd, Suite 404, Santa Monica, CA 90405
- General Provisions.
- Arbitration and Class Action Waiver. Any legal controversy or legal claim arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into by any court having jurisdiction thereof. The Company may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, necessary to protect the rights or property of the Company pending the completion of arbitration. In any arbitration or action arising out of or related to this Agreement, the arbitrator(s) or judge(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration or action. If the arbitrator(s) or judge(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) or judge(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration or action. Should either party file an action contrary to this provision, the other party may recover costs and attorneys’ fees reasonably incurred in challenging such action. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH THE COMPANY THAT NEITHER YOU NOR THE COMPANY WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR THE COMPANY WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
- Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. If the Arbitration provision of this Agreement in Section 12.a. shall be found to be unlawful, void or for any reason unenforceable, then any lawsuit or claim arising out of this Agreement shall be brought in the federal or state court located in Los Angeles, California.
- No Joint Venture or Partnership. Nothing in this Agreement is intended to or should be construed as creating an agency, partnership, joint venture, employer-employee or contractor relationship between you and the Company.
- Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of this Agreement shall remain in full force and effect.
- Waiver. No waiver of any breach of any provision of these Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- Complete Agreement. This Agreement contain the entire agreement between you and the Company regarding the use of the Site or Company Content, and supersede any prior agreement between you and the Company on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in this Agreement.
- Contact Information. If you have any questions or need further information as to the Site or Company Content, or need to notify the Company as to any matters relating to the Site or Company Content, please contact us at:
SSB Legal Technologies, LLC
2801 Ocean Park Blvd, Suite 404, Santa Monica, CA 90405