THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF LAW VERITAS.COM
THIS LEGAL AGREEMENT BETWEEN YOU AND LAW VERITAS (“LAW VERITAS”) GOVERNS YOUR USE OF THE LAW VERITAS SERVICE (THE “LAW VERITAS SERVICE”).
You agree that the LAW VERITAS Service and certain LAW VERITAS Products include security technology that limits your use of LAW VERITAS Products and that, whether or not LAW VERITAS Products are limited by security technology, you shall use LAW VERITAS Products in compliance with the applicable usage rules established by LAW VERITAS and its licensors (“Usage Rules”), and that any other use of the LAW VERITAS Products may constitute a copyright infringement. Any security technology is an inseparable part of the LAW VERITAS Products. LAW VERITAS reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by LAW VERITAS for compliance purposes, and LAW VERITAS reserves the right to enforce the Usage Rules without notice to you. You agree not to access the LAW VERITAS Service by any means other than through software that is provided by LAW VERITAS for accessing the LAW VERITAS Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the LAW VERITAS Service. Violations of system or network security may result in civil or criminal liability.
Certain content, LAW VERITAS Products, and services available via the LAW VERITAS Service may include materials from third parties. LAW VERITAS may provide links to third-party websites as a convenience to you. You agree that LAW VERITAS is not responsible for examining or evaluating the content or accuracy and LAW VERITAS does 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. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that LAW VERITAS is not in any way responsible for any such use by you.
You agree that the LAW VERITAS Service, including but not limited to LAW VERITAS Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the LAW VERITAS Service, contains proprietary information and material that is owned by LAW VERITAS and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the LAW VERITAS Service in compliance with this Agreement. No portion of the LAW VERITAS Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the LAW VERITAS Service in any manner, and you shall not exploit the LAW VERITAS Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
LAW VERITAS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE LAW VERITAS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME LAW VERITAS MAY REMOVE THE LAW VERITAS SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE LAW VERITAS SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE LAW VERITAS SERVICE IS AT YOUR SOLE RISK. THE LAW VERITAS SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE LAW VERITAS SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY LAW VERITAS) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.IN NO CASE SHALL LAW VERITAS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE LAW VERITAS SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE LAW VERITAS SERVICE, 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 ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LAW VERITAS SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.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, LAW VERITAS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. LAW VERITAS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE LAW VERITAS SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND LAW VERITAS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. LAW VERITAS DOES NOT REPRESENT OR GUARANTEE THAT THE LAW VERITAS SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LAW VERITAS DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY LAW VERITAS PRODUCTS PURCHASED, ACQUIRED OR RENTED FROM THE LAW VERITAS STORE.If LAW VERITAS breaches this Agreement, you agree that your exclusive remedy is to recover, from LAW VERITAS or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your Services fee for one month (or up to USD$10.00 if the Services are free).
YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this Agreement such as loss of Content; any virus affecting your use of the Services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, or omission; trespass, or other tort; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn’t allow the exclusion or limitation of incidental, consequential, or other damages.
NO WARRANTIES
LAW VERITAS, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” LAW VERITAS DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN’T FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DON’T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR.
BY USING THE LAW VERITAS SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD LAW VERITAS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE LAW VERITAS SERVICE, OR ANY ACTION TAKEN BY LAW VERITAS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM LAW VERITAS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE LAW VERITAS SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF LAW VERITAS’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. LAW VERITAS is not responsible for typographic errors.
You agree that you will pay for all products you purchase through the Services Contract (“Service[s]”), and that LAW VERITAS may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING LAW VERITAS WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable.
All sales and rentals of products are final. Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
This Agreement constitutes the entire agreement between you and LAW VERITAS and governs your use of the LAW VERITAS Service, superseding any prior agreements between you and LAW VERITAS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. LAW VERITAS’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. LAW VERITAS will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The LAW VERITAS Service is operated by LAW VERITAS from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the LAW VERITAS Service. All transactions on the LAW VERITAS Service are governed by California law, without giving effect to its conflict of law provisions. Your use of the LAW VERITAS Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with LAW VERITAS or relating in any way to your use of the LAW VERITAS Service resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. No LAW VERITAS employee or agent has the authority to vary this Agreement.
You are contracting with LAW VERITAS, 12396 World Trade Drive, Suite 111, San Diego, CA 92128, U.S.A. The laws of the state of California govern the interpretation of this Agreement, claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in San Diego County, California, for all disputes arising out of or relating to this Agreement or the Services that are heard in court (not arbitration and not small claims court).