Last Updated: 30 April 2020
Terms) are intended to explain Lawcus obligations as a service provider and your obligations as a customer. Please read them carefully.
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 Subscribers or Invited Users 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 an 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 contract 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.
Access Feeв means the monthly fee (excluding any applicable taxes and duties) payable by you per 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 imported by you or with your authority into the Website.
Intellectual Property Right means any patent, trademark, 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.
Serviceв 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 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.
Youв means the Subscriber, and where the context permits, an Invited User. Your has a corresponding meaning.
2. 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:
3. YOUR OBLIGATIONS
4. 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 another 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.
5. 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 would not be charged again, but all the charges that have already been incurred for the current billing period would not be refunded. There will be no refunds for any amounts unused if you cancel your plan (whether monthly or annual subscription). To treat everyone fairly, no exceptions will be made.
6. General Obligations
You must only use the Service and Website for your own lawful internal business purposes, per 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 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.
7. 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 Lawcuss computing systems and networks and your access to the Services.
8. As a condition of these Terms, when accessing and using the Services, you must:
9. 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 application programming interface. Any such limitations will be specified within the Services.
10. 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 persons 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.
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.
12. CONFIDENTIALITY AND PRIVACY
Confidentiality: Unless the relevant party has the prior written consent of the other or unless required to do so by law:
The provisions of Sections 4(A)(I) and 4(A)(II) shall not apply to any information which:
13. INTELLECTUAL PROPERTY
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).
15. 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 to enable you to access and use the Services and for any other purpose related to the provision of services to you.
16. 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.
17. 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.
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 meta tags or any other hidden text utilizing Lawcus or any other name, trademark or product or service name of Lawcus without our prior written permission. Also, the look and feel of the Website, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and 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.
You authorize Lawcus to use your name, logo, and any associated trademarks for marketing or promotional purposes by placing your logo on Lawcus’s website, marketing materials, and in other public or private communications with our existing or potential customers.
20. WARRANTIES; ACKNOWLEDGEMENTS AND INDEMNIFICATION
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 obligations that you become subject to by virtue of these Terms, without limiting your obligations under these Terms.
You acknowledge that:
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 shall indemnify Lawcus against any claims or loss relating to:
23. 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 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 Lawcuss 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 per 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 keep using the Services after that, you will be billed from the day you first added your billing details into the Services. If you decide 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 remain 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 keep 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 applicable 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:
Lawcus may take any or all of the following actions, at its sole discretion:
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:
Expiry or termination: Sections 3(A), 3(G), 4, 5, 6, 7, 8 and 10 survive the expiration or termination of these Terms.
25. 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 professional 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 more extended periods than Lawcus would generally 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 Lawcuss 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 governs 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 carried on transmission. Notices to Lawcus must be sent to support@Lawcus.com or 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.
EU General Data Protection Regulation (GDPR)
Please review our GDPR page to learn more.