Privacy Policy

Last Updated: December 17, 2019

LegalBreeze, Inc. (hereinafter referred to interchangeably, as the context requires, as the “Company”, “LegalBreeze”, “we”, “We”, “our” and “Our”), is committed to protecting the privacy of individuals who visit our website (“Visitors”) at https://testing.legalbreeze.com/ (“Website”), and consumers and lawyers who register to use (each, a “User”) the application services (“Services”) our platform provides.

We have written this Privacy Policy to describe what information we collect, how we collect it, how we use it and how we share it when you visit our Website. We have also described the methods we use to protect the information we collect.

CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy at any time. We will conspicuously post the fact that we have changed the Privacy Policy on the Website if we make a material change. We encourage Visitors and Users to frequently check this page for any changes to our Privacy Policy. Your continued use of the Services after the effective date of a revised version of this Privacy Policy constitutes your acceptance of its terms.

WE COLLECT PERSONAL INFORMATION

You may provide us with certain Personal Information when visiting our Website. Personal Information means information which a person could use alone or in combination to identify or locate an individual. For instance, your name, address, email address, payment information, photograph and telephone number are all Personal Information.

We collect Personal Information from you if you register as a consumer or lawyer to become a User by creating an on-line account. In addition, a lawyer who registers as a User will be asked in the lawyer’s online profile to provide a State Bar number, area(s) of legal service specialty, hourly or flat fee rate structure, hours of operation and other Personal Information the lawyer may choose to provide in order to enhance the lawyer’s profile.

You may purchase products or Services through our Website using a credit or debit card or via Stripe or PayPal (if those options are available). When you make a purchase your payment information is provided directly to our third-party payment processor that meets credit card industry privacy requirements. We do not directly access, handle, or store your credit or debit card information. We will maintain a record of the purchases that you make from the Website.
We may combine Personal Information with Electronic Data or information obtained from third parties. To the extent we combine that data, we will treat it as Personal Information unless we use it in a de-identified form.

WE COLLECT ELECTRONIC DATA

When you visit our Website, the computer servers we use to operate the Website will automatically collect electronic data regarding your visit (“Electronic Data”). Unless otherwise provided by law, Electronic Data does not include Personal Information. However, we will treat Electronic Data as Personal Information (i.e., IP address or geographic information) if, and to the extent required, by law. In particular, we collect:

IP addresses (the address assigned to the computers and other devices from where you access the Internet);
Name of your internet company;
The number of the device you are using to access the Website;
Your approximate geographic location;
Statistics on countries visited and language preferences;
The type of web browser you are using to get to the Website (e.g., Chrome, Bing, Explorer);
The pages you access on our Website and the time you spent on the Website; and
The websites you access before and after visiting our Website.

HOW WE USE PERSONAL INFORMATION AND ELECTRONIC DATA

We will use and share your Personal Information and other Electronic Data for the following reasons:
To communicate with you;
To administer your account;
To take job applications;
To assist with your payments;
To provide customer support;
To respond to your requests;
To notify you of changes to our Terms of Use or this Privacy Policy;
To provide promotional materials;
To improve our products and Services and the Website content;
To operate and monitor the Website and to help prevent fraud;
To protect our legal rights or the rights of others;
To respond to judicial or legal process;
To assist with our marketing and communications plans and strategies;
To evaluate needs of our customers and potential customers;
To generate statistical information;
To aggregate data for our business; and
For business transactions including the sale of our Company or merger of our Company with another company.

COOKIES AND OTHER TRACKING TECHNOLOGIES

We use cookies to track your use of our Website. Cookies are used to enhance your user experience and to help us improve our Website.

A “cookie” is a small piece of information that is stored on your device’s hard drive by your web browser when you visit certain websites. We use cookies to:

track how you access and use the Website;
learn when and how Visitors visit the Website;
identify how often a Website page is used;
learn which search terms are used to find the Website;
learn which websites direct you to the Website;
recognize Website Visitors and Users;
display certain information on the Website and to improve your enjoyment of the Website and our Services; and
For statistical purposes to improve the products and Services we provide and to manage our telecommunications networks.

We use cookies we place on the Website and cookies placed by our third party service providers such as advertisers (“Third Party Cookies”). However, we do not control Third Party Cookies or the information collected through them and expressly disclaim responsibility for information collected through Third Party Cookies.

Acceptance of Cookies/Disabling of Cookies. Most browsers automatically accept cookies. However, most browsers allow users to manage cookies in the browser’s settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete cookies stored previously. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website.

Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new computer, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.

The type of data collected and how it is used depends on the type of cookie. There are several common types of cookies. We may combine information collected by cookies with other data.

Operationally necessary cookies (also called essential cookies). These cookies are required for the operation of the Website. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Website to make use of its functions (for example, shopping carts, saved search, and similar functions). Without these essential cookies, services that you have requested cannot be provided.
Functionality-related cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Website. This may include remembering choices you make, remembering your username, preferences, or settings, remembering if you reacted to something on or through the Website so that you are not asked to do it again, remembering if you have used any feature of the Website before, restricting the number of times you are shown a particular advertisement, remembering your location, and enabling social media components. As described above, you may disable functional cookies, but if you do so then various functions of the Website may be unavailable to you or may not work the way they were designed.
Performance-related cookies (also called analytical cookies). These cookies assess the performance of the Website, including to help us understand how Visitors and Users use and interact with the Website. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our Website works and provide a better, personalized user experience.
Advertising or targeted cookies. These cookies record your visits to the Website, the pages you visit on the Website, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a particular website.

We and our third-party advertising platforms or networks may use this information to make the Website, its content, and advertisements displayed on our Website more relevant to your interests (this is sometimes called “behavioral” or “targeted” advertising and is further discussed below). These cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. To find out more about interest-based ads and your choices, please visit the Digital Advertising Alliance, the Network Advertising Initiative, the Interactive Advertising Bureau (IAB) Europe, http://www.allaboutcookies.org, and http://www.youronlinechoices.com.

Other Tracking Technologies. Our Website may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). A web beacon is a tiny graphic with a unique identifier that functions similar to how cookies function. However, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos. Pixels can be placed on websites or within emails to track your interactions with those websites and when emails are opened.

How We Respond to Do-Not-Track Signals. Due to the automatic collection of data using cookies as described above, we do not honor “do not track” requests.

Location Information. In addition to the approximate geographic location information collected as described above, we may, with your consent, access more specific location information to enhance the user experience and increase the usefulness of the Website. This includes geographical location information collected by device-based location services (including GPS data). You may choose to allow us to access your location by granting the Website access to your location when prompted or through your device’s location services settings. We also use the Google Maps API(s). Pursuant to the Google Maps APIs Terms and Conditions, use of this location feature is also subject to Google’s Privacy Policy. For information on how Google categorizes location information, please visit Types of location data used by Google. Both the Google Terms and Conditions and Google’s Privacy Policy are incorporated into this Privacy Policy by this reference.

Analytics. Our Website uses third-party analytics tools (e.g., Google Analytics) to collect and process data about your use of the Website, including when you visit the Website, URLs of the websites that you visit prior to visiting the Website and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Website’s structure and content. For more information on how Google uses this data, visit Google’s Privacy Policy and Google’s page on How Google uses data when you use our partners’ sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the https://tools.google.com/dlpage/gaoptoutGoogle Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent us from using other analytics tools and will not prevent data from being sent to the Website itself or to Google. For more information about how Google Analytics uses cookies to measure user interactions on websites, visit Google Analytics Cookie Usage on Websites. You may disable cookies as discussed above, but that may impact your use and enjoyment of the Website and our Services.

Advertising Networks, Personalized Advertising, Remarketing, and Retargeting. From time to time the Website may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms, including advertising services provided by Facebook (sometimes referred to the Facebook “tracking pixel”). These services collect information about your visits to and interactions with the Website and other websites and will use that information to target advertisements for goods and services. The information collected may be associated with your Personal Information. These targeted advertisements may appear on the Website or on other websites. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of web browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Website and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.

If you have a Facebook account but do not wish Facebook to collect data relating to you via the Website, we suggest that you: (a) hide social media platform plug-ins using an ad blocker; (b) always log off completely from Facebook before visiting other websites and delete all related cookies; and, (c) where the option is available, disable the advertising services and networks operated by Facebook.

Additionally, we may have enabled and implemented the following Google Analytics Advertising Features: Remarketing with Analytics, Demographics and Interest reporting, Campaign Manager Integration, Display & Video 360 integration, Google Display Network (GDN) Impression Reporting, and Segments. Remarketing with Analytics uses Google Analytics cookies to serve advertisements to you across the Internet based on your visits to the Website. Demographics and Interest reporting uses a third-party cookie to collect information about our Website traffic by tracking users across websites and across time, which generates a report for us to better understand Website users. Campaign Manager Integration allow us to view, analyze, and create remarketing lists using our Campaign Manager data in Google Analytics. Display & Video 360 integration allows us to create remarketing lists in Google Analytics and have those lists available in Display & Video 360. Google Display Network (“GDN”) Impression Reporting allows us to measure the impact of unclicked GDN Display ad impressions on website behavior and conversions. Segments allows us to isolate and analyze subsets of Website users by sorting our Google Analytics data. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Website.

WHEN WE SHARE PERSONAL INFORMATION AND ELECTRONIC DATA

We do share Personal Information and Electronic Data with the following categories of persons or companies:

Service Providers. We may share Personal Information and Electronic Data with Service Providers who are required to protect Personal Information from disclosure and to only use such Personal Information for the purposes of performing the requested Services. We use companies that:

Help operate the Website;
Take payments when you pay for a legal service using our Website;
Fill orders you place using our Website;
Help with customer service;
Help us with public relations and marketing advice;
Provide Email service; and
Provide professional services such as accountants and lawyers.

Law Enforcement and Legal Proceedings. We may be required to share data with law enforcement members and with third parties in response to subpoenas, court orders, and valid law enforcement requests. We may also use and share Personal Information to defend our legal rights, or to protect third parties including sharing information necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person. In complying with court orders and similar legal processes, LegalBreeze strives for transparency. When permitted, we will make a reasonable effort to notify Users of such disclosure. However, if you have engaged an attorney through our Services (for example, by entering into an engagement and promising to pay the lawyer any required legal fees or costs), LegalBreeze considers communications and documents shared between consumers and lawyers to be privileged attorney-client communications and, to the extent legally permissible, may notify the engaged lawyer of the subpoena, court order, or governmental request so that the lawyer may respond to the request.

Successors in Business Transactions. If our Company or its assets are subject to a sales process or sold, if the Company is subject to a bankruptcy or reorganization or if the data is an asset transferred or acquired by a third party, we may disclose Personal Information to the subsequent owner(s) or successor(s). We may also disclose such data in connection with the evaluation of those transactions.

CHILDREN’S PRIVACY

LegalBreeze does not knowingly collect information from, or direct any of our content specifically to, children under the age of 18. If we learn or have reason to suspect that a User of our Service is under the age of 18, we will promptly delete any Personal Information in that User’s account.

CALIFRONIA’S PRIVACY RIGHTS

Under California Civil Code Section 1798.83, California residents have the right to obtain:

a list of all third parties to whom we may have disclosed your Personal Information within the past year for direct marketing purposes; and

a description of the categories of Personal Information disclosed.

To obtain such information, please email your request to info@LegalBreeze.com.

DATA SECURITY

We use administrative, technical and physical safeguards to protect the Personal Information we collect. However, we cannot guarantee the security of the Personal Information you provide when using the Website or that the Personal Information will not be lost, altered misused, or stolen. If you become aware of any breach of Website security or this Privacy Policy, please notify us by email at info@LegalBreeze.com immediately.

CONFIDENTIALITY, CONNECTIONS AND DOCUMENT STORAGE

When using our instant connection Services, including chat, email, phone and video conferencing, a consumer User may provide information about the consumer’s legal service needs via online forms on our Website or by speaking with a LegalBreeze employee. This information will be viewed by each lawyer the consumer elects to contact and may be viewed by LegalBreeze employees for quality control and technical support purposes. This information will not be visible to Visitors but is also not confidential insofar as it will be received and viewed by each lawyer you contact and by LegalBreeze employees. Please be careful when sharing information you consider sensitive or confidential via our Services.
LegalBreeze uses third party service providers to transmit, store, encrypt, process and display uploaded documents on your behalf. LegalBreeze has taken measures reasonably necessary to ensure that these Services keep uploaded documents private and secure, but these organizations are ultimately beyond our control. By using the documents feature, you acknowledge that you understand and agree to assume the risks.

ACCESS FROM OUTSIDE THE UNITED STATES

If you are accessing or using the Website from outside the United States, please be aware that data may be transferred to, stored in, and processed in the United States (where our and our suppliers’ servers and databases are located and operated). The data protection and related laws and regulations of the United States might not be as comprehensive as those in the country from which you access the Website.

HOW TO ACCESS YOUR PERSONAL INFORMATION

You may access, update, alter, or delete your basic User profile information by editing your user profile or contacting info@LegalBreeze.com. LegalBreeze will retain User Personal Information for as long as your account is active or as needed to provide you Services. If you wish to cancel your account, delete your Personal Information, or request that we no longer use your Personal Information to provide you Services, please contact info@LegalBreeze.com. We will retain and use your User Personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will seek to delete your full profile within 30 days.

CONTACT US

If you have any questions about this Privacy Policy or the practices described herein, you may contact us by email at info@LegalBreeze.com.

3. LegalBreeze Conditional License Agreement

Last Updated: December 17, 2019

This Conditional License Agreement (this “License Agreement”) governs the use of proprietary software developed and owned by LegalBreeze, Inc. (hereinafter referred to interchangeably, as the context requires, as the “Company”, “LegalBreeze”, “we”, “We”, “our” and “Our”), and software that third parties may license to LegalBreeze (severally and collectively, the “Software”), by individuals who visit our website (“Visitors”) at https://testing.legalbreeze.com/ (“Website”), and consumers and lawyers who register to use the Website (“Users”). LegalBreeze agrees to license the Software to Visitors and Users (severally and collectively, referred to as a “Licensee”) conditioned upon the Licensee’s acceptance and agreement of all of the provisions set forth in this License Agreement.

By installing, using, copying, or distributing all or any portion of the Software, each Licensee hereby accepts and agrees to be bound by all of the provisions of this License Agreement. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS SET FORTH IN THIS LICENSE AGREEMENT DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.

Each Licensee’s use of the Software is also conditioned upon and subject to the Licensee’s agreement to the other Terms and Conditions described on our Website, which Terms and Conditions are by this reference hereby incorporated into this License Agreement. Capitalized terms not otherwise defined in this License Agreement have the meanings provided for such terms in the Terms and Conditions.

CONDITIONAL LICENSE AGREEMENT TABLE OF CONTENTS

3.1 Conditional License
3.1.1 Grant of License
3.1.2 Use Restrictions
3.1.3 Intellectual Property Rights
3.2 Warranty Disclaimer
3.2.1 “As-Is”
3.2.2 Privacy Disclaimer
3.2.3 Limitations
3.3 Liability Limitation
3.3.1 Liability Limit
3.3.2 Cap on Damages
3.4 Indemnification
3.5 Privacy and Security
3.6 Update Notices
3.7 Exports
3.8 Termination
3.9 Miscellaneous
3.9.1 Waiver
3.9.2 Audit
3.9.3 Successors and Assigns
3.9.4 Entire Agreement
3.9.5 Survival

3.1 CONDITIONAL LICENSE

3.1.1 Grant of License

Subject to your compliance with the provisions of this License Agreement, LegalBreeze grants you a non-exclusive, non-transferable right to use the executable code version of the Software for your use solely in connection with work you perform on or through the Website.

3.1.2 Use Restrictions

Licensee agrees not to modify, display, adapt, translate, loan, distribute, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software. Licensee may not publish, redistribute, sublicense or sell the Software or any information or material associated with the Software. Licensee may not rent, lease or otherwise transfer your rights to the Software. Licensee may not use the Software in any manner that could damage, disable, overburden or impair the Website, nor may Licensee use the Software in any manner that could interfere with any other User’s or Visitor’s use and enjoyment of the Website. Licensee agrees that Licensee will use the Software for lawful purposes and only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. In addition, Licensee shall not perform, nor release the results of any testing of the Software to any third party without the prior written consent of LegalBreeze, which consent may be conditioned, delayed or withheld in the sole and absolute discretion of LegalBreeze. Licensee also agrees not to remove, obscure, or alter any copyright notice, trademarks or other proprietary rights notices contained within or accessed in conjunction with or through the Software.

3.1.3 Intellectual Property Rights

The Software is licensed, not sold, to you for use pursuant to the terms of this License Agreement. All rights not expressly granted to you are reserved to LegalBreeze or its licensors or third party providers. You acknowledge that LegalBreeze or its licensors or third party providers own all rights, title and interest, including without limitation all Intellectual Property Rights (as hereinafter defined), in and to the Software, portions thereof, or any information or material provided through or in conjunction with the Software. Your rights to use the Software shall be limited to those expressly granted in this Section 3.1.3. All rights not expressly granted to you are reserved by LegalBreeze, its licensors or third party providers. As used herein, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all other proprietary rights, and all applications, registrations, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

3.2 WARRANTY DISCLAIMER

3.2.1 “As-Is”

THE SOFTWARE IS PROVIDED BY LEGALBREEZE AND ANY OF OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS “AS IS,” WITH NO WARRANTIES WHATSOEVER. LEGALBREEZE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPUTER PROGRAMS ARE INHERENTLY COMPLEX, AND THE SOFTWARE MAY NOT BE FREE OF ERRORS. THE SOFTWARE IS PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. LEGALBREEZE DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE.

3.2.2 Privacy Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, LEGALBREEZE DISCLAIMS LIABILITY IN THE EVENT OF THE UNAUTHORIZED ACCESS TO OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION OR PRIVATE COMMUNICATIONS BY THIRD PARTIES.

3.2.3 Limitations

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE OR TO THE MINIMUM PRESCRIBED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

3.3 LIABILITY LIMITATION

3.3.1 Limitation of Liability

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL LEGALBREEZE, OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF THE SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF LEGALBREEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM THE PERFORMANCE OR MISPERFORMANCE OF THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

3.3.2 Cap on Damages

EXCEPT AS LIMITED BY APPLICABLE LAW, REGARDLESS OF THE BASIS FOR YOUR CLAIM, LEGALBREEZE’S, LICENSORS’ AND THIRD PARTY PROVIDERS’ TOTAL LIABILITY UNDER THIS LICENSE AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES WHICH SHALL NOT EXCEED THE AMOUNT OF FEES PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM, OR ONE U.S. DOLLAR ($1.00), WHICHEVER IS LESS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING PROVISIONS SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY FOR MONETARY DAMAGES IN RESPECT OF ANY BREACH OF OR DEFAULT UNDER THIS AGREEMENT BY LEGALBREEZE.

3.4 INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless LegalBreeze and its subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any claim or demand made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the Software or its features, any alleged violation of these terms, or any alleged violation of any applicable law or regulation. LegalBreeze reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.

3.5 PRIVACY AND SECURITY

The Software creates a means for others to record the visual output (“Screenshot”) of your computer. You hereby acknowledge and agree that each time you activate the Software, the Software may periodically transmit Screenshots to LegalBreeze. These Screenshots may be displayed in the LegalBreeze work diary when the Screenshot is captured. These Screenshots may include, without limitation, the visual output of all open programs, windows, backgrounds, taskbars, system trays, multiple screens, title bars, menus, graphics, screen savers, and any information, images, and text therein. You acknowledge and agree that, if your confidential information is displayed as visual output of your computer while the Software is active, such confidential information may be included in a Screenshot, transmitted to LegalBreeze, and displayed in the applicable work diary. In order to prevent transmission of your confidential information to LegalBreeze, you agree not to access your confidential information while the Software is active. Although we have taken reasonable measures to prevent unauthorized persons from gaining access to your computer via the Software, we cannot foresee or control the actions of third parties. Therefore, use of the Software could make you vulnerable to security breaches that you might not otherwise face and could result in the loss of your privacy or property. You agree that LegalBreeze is not liable to you for security breaches resulting from your use of the Software or otherwise.

3.6 UPDATE NOTICES

LegalBreeze reserves the right to modify or change this License Agreement from time to time without notice to you. The latest version will be available on the Site. LegalBreeze also may update or modify the Software from time to time at its discretion. Your election to continue use of the Software, after the date of posting of these modifications to the License Agreement or to the Software constitutes acceptance of those modifications. If you do not agree with the modifications, do not use the Software.

3.7 EXPORTS

You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge that the Software or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country subject to United States embargo; (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or on the U.S. Commerce Department’s Denied Party or Entity List; and (c) you will not export or re- export the Software to any prohibited country, person, end-user or entity specified by U.S. Export Laws.

3.8 TERMINATION

This License Agreement is effective as soon as you install, use, copy or distribute the Software and shall continue until it is terminated by LegalBreeze or you, as provided for under the terms of this Section. Unless otherwise agreed to in writing with us, either you or we may terminate the contractual agreement represented by this License Agreement at any time upon notice to the other party. This License Agreement, including without limitation your right to the Software as specified above, terminates immediately and without notice from LegalBreeze if you fail to comply with any of its provisions. Upon termination you shall immediately discontinue use of and destroy the Software and all copies or portions thereof, including any master copy, and within ten (10) days certify in writing to LegalBreeze that all copies have been destroyed.

3.9 MISCELLANEOUS

3.9.1 Waiver

If for any reason a court of competent jurisdiction finds any provision or portion of this License Agreement to be unenforceable, it shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force.

3.9.2 Audit

You agree that, on LegalBreeze’s request, you will certify in writing your compliance with the terms of this License Agreement.

3.9.3 Assignment

You may not assign this License Agreement or sublicense, assign, transfer or delegate any right or duty hereunder, without the prior written consent of LegalBreeze, at our sole and absolute discretion. Notwithstanding the foregoing, LegalBreeze may assign or transfer this License Agreement or any rights granted hereunder without your prior consent. This License Agreement is binding on and will inure to the benefit of the parties successors and permitted assigns.

3.9.4 Entire Agreement

This License Agreement and the terms expressly incorporated by reference herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

3.9.5 Survival

Sections 3.1.3, 3.2, 3.3, 3.4, 3.7 and 3.9 of this License Agreement will survive any termination of this License Agreement. The termination of this License Agreement does not limit any other rights LegalBreeze may have under the Terms of Service, at law, or in equity.

4. Use of Trademarks Policy

Last Updated: December 17, 2019

This Use of Trademarks Policy (“Mark Policy”) advises you of LegalBreeze’s rights with respect to its trademarks and whether you can use them. This Mark Policy is a part of and incorporates the Terms and Conditions. Capitalized terms not defined in this Mark Policy are defined in the User Agreement or in the other Terms and Conditions. To the extent permitted by applicable law, LegalBreeze may modify this Mark Policy without prior notice to you, and any such revisions will take effect when posted on the Website, unless otherwise stated in a revised Mark Policy. Please check the Website often for updates.

USE OF TRADEMARKS POLICY TABLE OF CONTENTS

4.1 LegalBreeze Trademarks
4.2 Use of LegalBreeze Logo
4.3 Use of LegalBreeze Trademarks
4.4 Prohibited Use of LegalBreeze Trademarks
4.5 Use of our Copyrights

4.1 LegalBreeze Trademarks

The LegalBreeze and “ez-estimate” names and logo are trademarks of LegalBreeze. The LegalBreeze trademarks are among our most valuable assets. In order to maintain and bolster our identity, this Mark Policy provides conditions of use and precise instructions on proper use of the LegalBreeze trademarks.

4.2 Use of LegalBreeze Logo

You may not use a LegalBreeze logo unless you have a written license, granted by LegalBreeze, permitting you to use the logo. If you have not been granted such a license, then you must not use, copy, modify, distribute, or post the LegalBreeze logo for any reason. If you have such a license from LegalBreeze, you must use the LegalBreeze logo only as licensed and only in accordance with this Mark Policy.

4.3 Use of LegalBreeze Trademarks

You may use LegalBreeze trademarks (other than the LegalBreeze logo) descriptively, provided you adhere to this Mark Policy, or as otherwise permitted by law.

Descriptive use includes instances in which you are referring to LegalBreeze or our Services, such as “I registered on LegalBreeze’s website today.”

The following should be considered whenever considering a descriptive use:

Your use should never mislead anyone to believe LegalBreeze sponsorship, affiliation, or endorsement of your company, products, or services exists when it does not.

When referring to LegalBreeze, use the LegalBreeze name in a plain text font and format only.

LegalBreeze ALWAYS appears as “LegalBreeze,” never as “Legalbreeze”, “LEGALbreeze”, “legalbreeze”, “legalBREEZE”, or “LEGALBREEZE.”

4.4 Prohibited Use of LegalBreeze Trademarks

Unless you have written permission from LegalBreeze, you agree not to ever use any LegalBreeze trademark:

On any letterhead, business card, or signature block;

As part of your business name or a domain name;

As part of a user ID, including on LegalBreeze or social media;

In association with any third-party trademark in a manner that might create potential confusion as to the ownership of the LegalBreeze trademark;

In any manner that suggests or could lead someone to believe you are acting on behalf of or in association with LegalBreeze or that LegalBreeze has endorsed or sponsored your product or services; or

Outside of your relationship with us, except as permitted by LegalBreeze in writing.

Notwithstanding any written permission to use the LegalBreeze logo trademark, you agree not to ever use our logo trademark:

That has been reproduced from an unauthorized artwork;

That has been modified, including color specifications, position and relative size of the letterings;

That has been modified to use negative or reverse “drop-out” reproduction;

Tightly confined in a band or bar; or

With other seals, logos, or other marks of other entities.

4.5 Use of our Copyrights

You agree not to use screenshots of or videos of navigation of the Website or other works copyrighted by LegalBreeze without LegalBreeze’s written permission. Rights to screenshots of User Profiles, communications, and Work Product on LegalBreeze may need to be obtained from the User. You may not use such screenshots anywhere for any purpose without written authorization from LegalBreeze. LegalBreeze is unable to grant you permission to use screenshots that include third-party content.