Terms and conditions
Last Updated: December 17, 2019
THESE TERMS AND CONDITIONS DESCRIBE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS REGARDING THE USE OF THE APPLICATION SERVICES OUR PLATFORM PROVIDES. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
The LegalBreeze Terms and Conditions is comprised of the following agreements:
1. User Agreement;
2. Privacy Policy;
3. LegalBreeze Conditional License Agreement; and
4. Use of Trademarks Policy.
LegalBreeze may, from time-to-time, amend any of the Terms and Conditions. LegalBreeze will provide reasonable advance notice of any amendment that impacts your rights or responsibilities by posting an updated version of the Terms and Conditions on the Website. The effective date (“Effective Date”) of any amendment to the Terms and Conditions will be the “Last Updated” date set forth on Page 1 of any of these Terms and Conditions.
YOUR USE OF THE WEBSITE OR SERVICES AFTER THE EFFECTIVE DATE, IS YOUR ACKNOWLEDGMENT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, INCLUDING THE DISPUTE RESOLUTION PROVISIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS AS OF ANY EFFECTIVE DATE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR ANY OF THE LEGALBREEZE SERVICES.
1. User Agreement
This user agreement (this “User Agreement”) sets forth the terms and conditions governing the relationship between LegalBreeze, Inc. (hereinafter referred to interchangeably, as the context requires, as the “Company”, “LegalBreeze”, “we”, “We”, “our” and “Our” and similar derivations thereof), individuals who visit our website (“Visitors”) at https://testing.legalbreeze.com/ (“Website”), and consumers and lawyers who register to use (“Users”) the application services (“Services”) our platform provides.
Visitors and Users are required to read and must agree to accept the terms and conditions set forth in this User Agreement in order to use the our Website and our Services.
Each reference to a Visitor or a User in any of the Terms and Conditions shall be deemed a reference to said person or entity in its respective capacity, and all rights and obligations of a User described in any in any of the Terms and Conditions shall inure to the benefit or detriment of a Visitor insofar as the context requires and refers to the use of the Website or our Services.
USER AGREEMENT TABLE OF CONTENTS
1.1 LegalBreeze Accounts
1.1.1 Account Registration
1.1.2 Account Eligibility
1.1.3 Account Profile
1.1.4 Account Types
1.1.5 Permission Settings
1.1.6 Identity and Location Verification
1.1.7 Username and Password
1.2 LegalBreeze Overview
1.2.1 User Relationship with LegalBreeze
1.2.2 Taxes
1.2.3 Platform Reviews, Star Ratings, Feedback and User Content
1.3 Lawyer and Consumer Relationship
1.3.1 Legal Service Engagements
1.3.2 Confidential Information
1.4 Relationship Between User and LegalBreeze
1.4.1 Relationship Classification
1.4.2 No Formation of Attorney-Client Relationship
1.4.3 Legal Advertising and Communications
1.5 LegalBreeze Fees
1.5.1 Service Fees Paid by Lawyers
1.5.2 Processing Fee
1.5.3 No LegalBreeze Service Fees for Consumers
1.5.4 No Referral Fees Paid by or to LegalBreeze
1.5.5 No Return of Funds
1.5.6 Credit Card Information
1.6 Agreement to Not Bypass Our Platform
1.7 Disclaimer of Warranty
1.8 Limitation of Liability
1.9 Release
1.10 Indemnification
1.11 Agreement Term and Termination
1.11.1 Termination
1.11.2 Access to Data
1.12 Dispute Resolution Process
1.12.1 Good Faith Negotiations
1.12.2 Choice of Law
1.13 General
1.13.1 Entire Agreement
1.13.2 Captions
1.13.3 Interpretation
1.13.4 Waiver
1.13.5 Successors and Assigns
1.13.6 Severability
1.13.7 Access of the Website
1.13.8 Governing Law
1.13.9 Survival
1.1.1 Account Registration
Registering as a consumer or lawyer on our Website establishes an account (“Account”) when you click to accept and agree to the Terms and Conditions.
Certain portions of the Website are available to Visitors without creating an Account. Access to, and use of, other portions of the Website require you to register and create your Account.
LegalBreeze reserves the right to decline a registration to join LegalBreeze as a consumer or lawyer in its sole and absolute discretion.
1.1.2 Account Eligibility
Upon registering to create an Account or using the Website and our Services, you hereby certify you (a) will comply with any licensing, registration, or other requirements of LegalBreeze and any requirements applicable to you or your business, and (b) are a legal entity or an individual 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business), authorized to form legally binding contracts.
1.1.3 Account Profile
You must complete your personal profile when you register to create an Account (“Profile”). You hereby agree to provide, maintain, and, if applicable, update true, accurate, and complete information on your Profile and all registration and other forms you access on the Website.
1.1.4 Account Types
As described below, you may register for an Account to use the Website and Services as a consumer or as a lawyer by clicking the Register button on the top navigation banner on the right hand side of your screen. You agree not to register for more than one Account without express written permission from LegalBreeze.
1.1.5 Permission Settings
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business if you are registering as a lawyer. By granting others to create an Account on your behalf, you represent and warrant that (a) the User is authorized to act on your behalf, (b) you are financially responsible for the User’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account, and (c) you are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account, including making payments and entering into Legal Service Engagements (as defined in Section 1.2) and the Terms and Conditions. If any such User violates the Terms and Conditions, it may affect your ability to use the Website. Upon closure of an Account, LegalBreeze may close any or all related Accounts.
1.1.6 Identity and Location Verification
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases that confirm your identity, your location, and your ability to act on behalf of your business on LegalBreeze. You authorize LegalBreeze, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents.
1.1.7 Username and Password
When you register for an Account, you must create a username and password for the Account. Please maintain the confidentiality of your username and password. You authorize LegalBreeze to assume that any person using the Website with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account.
1.2 LEGALBREEZE OVERVIEW
LegalBreeze is an online platform that provides lawyer Profiles, information on legal fees and instant connection tools to eliminate the middleman and simplify the way consumers and lawyers interact and enter into legal service engagements (“Legal Service Engagement(s)”). Subject to the Terms and Conditions, LegalBreeze provides the Website and our Services to Users, including hosting and maintaining the Website and facilitating the formation of Legal Service Engagements. When a consumer enters into a Legal Service Engagement with a lawyer, the lawyer may invoice the consumer on the Website and the consumer may pay the lawyer any amounts owed under the Legal Service Engagement through the Website using PayPal, Stripe or other payment method the consumer and lawyer mutually agree upon.
1.2.1 User Relationship with LegalBreeze
We are not a law firm and we do not provide any legal services, legal advice or “lawyer referral services.” We also do not recommend any particular lawyer or provide or participate in any legal representation. LegalBreeze merely makes the Website and Services available to enable lawyers and consumers to find one another and transact directly with each other. LegalBreeze does not introduce or steer lawyers to consumers, or refer, steer or introduce consumers to lawyers. Through the Website and our Services, including SMS, email and video conferencing, a lawyer may be contacted by consumers seeking the legal services the lawyer offers, and, once contacted by a consumer, a lawyer and consumer may communicate through our Website using our Services. Consumers and lawyers are solely responsible for evaluating and determining the suitability of any Legal Service Engagement on their own. If Users decide to enter into a Legal Service Engagement, the Legal Service Engagement is directly between the Users and LegalBreeze is not a party to the Legal Service Engagement.
You acknowledge, agree, and understand that LegalBreeze is not a party to the relationship, negotiation or Legal Service Engagement between a consumer and lawyer. Users are solely responsible for (a) ensuring the accuracy and legality of any content posted on the Website (“User Content”), (b) determining the suitability of any Legal Service Engagement (such as any interviews, vetting, background checks, or similar actions), (c) negotiating, agreeing to, and executing any terms or conditions of Legal Service Engagements, (d) providing any legal services, or (e) paying for legal services under any Legal Service Engagement. LegalBreeze does not make any representations about or guarantee the truth or accuracy of any lawyer’s or consumer’s Profile on the Website; does not verify any feedback or information provided by Users about lawyers or consumers; and does not vet or otherwise perform background checks on lawyers of consumers.
You acknowledge, agree, and understand that LegalBreeze does not, in any way, supervise, direct, control, or evaluate lawyers or their legal services and is not responsible for any Legal Service Engagement or documents, recommendations, advice, counsel, deadlines or other information provided by or rendered by a lawyer (“Work Product”).
You also acknowledge, agree, and understand that lawyers are solely responsible for determining, and have the sole right to determine, which consumers to accept as a client pursuant to a Legal Service Engagement; the time, place, manner, and delivery method in which legal services are provided to a consumer; the type of legal services a lawyer provides; and the price they charge for legal services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (a) you are not an employee of LegalBreeze, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (b) LegalBreeze will not have any liability or obligations under or related to Legal Service Engagements and/or legal service for any acts or omissions by you or other Users; (c) LegalBreeze does not have any influence or mandate over the performance, methods or process a lawyer uses to render legal services; (d) each lawyer is free to determine when and if to perform legal services, including the days worked and time periods of work, and LegalBreeze does not set or have any control over lawyer’s pricing, work hours, work schedules, or work location, nor is LegalBreeze involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to a lawyer for a Legal Service Engagement; (e) each lawyer will be paid at such times and amounts as agreed with a consumer who becomes a client pursuant to a Legal Service Engagement, and LegalBreeze does not, in any way, provide or guarantee a lawyer a regular salary or any minimum, regular payment; (f) LegalBreeze does not provide lawyers with training or any equipment, labor, tools, or materials related to any Legal Service Engagement other than the Website and the Services; and (g) LegalBreeze does not provide the premises at which lawyers will provide legal services to consumers.
1.2.2 Taxes
Each lawyer acknowledges and agrees that lawyer is solely responsible (a) for all tax liability associated with payments received from lawyer’s clients through the Website, and that LegalBreeze will not withhold any taxes from payments made to a lawyer; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that lawyer is not covered by or eligible for any insurance from LegalBreeze; (c) for determining whether lawyer is required by applicable law to issue any particular invoices for the fees the lawyer charges and for issuing any invoices or forms of engagement so required; and (d) for determining whether lawyer is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the fees the lawyer charges and remitting any such taxes or charges to the appropriate taxing authorities, as appropriate. In the event of an audit of LegalBreeze, lawyer agrees to promptly cooperate with LegalBreeze as may be reasonably requested for purposes of such audit, including but not limited to making available records showing lawyer is engaging in an independent business, as represented by lawyer to LegalBreeze.
1.2.3 Platform Reviews, Star Ratings, Feedback and User Content
You hereby acknowledge and agree that Users publish and request LegalBreeze to publish on their behalf information on the Website about the User, including reviews, star ratings, geographical location, contact information and verification of identity or credentials. Such information is based solely on unverified data that lawyers or consumers voluntarily submit to LegalBreeze and does not constitute and will not be construed as an introduction, endorsement, or recommendation by LegalBreeze; LegalBreeze provides such information solely for the convenience of Users.
You acknowledge and agree that User feedback benefits the LegalBreeze platform, all Visitors and Users, and the usefulness of the Website. You acknowledge and agree that User feedback results for you, including your reviews or star rating, wherever referenced on the Website, and other User Content highlighted by LegalBreeze on the Website or otherwise (“Profile Information”), if any, will include User comments, User reviews, star ratings indicating User satisfaction, and other feedback left exclusively by other Users. You further acknowledge and agree that LegalBreeze will make Profile Information available to other Users, including composite or compiled feedback. LegalBreeze does not monitor, influence, contribute to or censor these reviews.
Star ratings may be assigned to certain lawyers based on a consumer’s assessment of a lawyer. The star rating scale varies between one (1) star and five (5) stars. Star ratings are based on the consumer’s selection if the consumer elects to connect with a lawyer and leave the lawyer a review and/or certain number of stars. One consumer’s assessment of the same lawyer may be very different, or be based upon different information, interaction or a particular Legal Service Engagement. A star rating, is not an endorsement of any particular lawyer, and is not a guarantee of a lawyer’s quality, competency, or character. Nor is a star rating a predictor of the outcome of any matter in which such lawyer is involved. Rather, the star rating is intended to be a starting point to gather information about lawyers who may be suitable for your legal needs – but you should not rely solely on the star rating in deciding whether to contact or hire any given lawyer.
LegalBreeze does not generally investigate any reviews posted by Users or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content if such User Content is legally actionable or defamatory.
In order to protect the integrity of the feedback system and protect Users from abuse, LegalBreeze reserves the right (but is under no obligation) to remove reviews that, in LegalBreeze’s sole and absolute discretion, violate the Terms and Conditions or negatively affect the LegalBreeze platform, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of LegalBreeze. You acknowledge and agree that you will notify LegalBreeze of any error or inaccurate statement in your reviews or star rating, and any other Profile Information, and that if you do not do so, LegalBreeze may rely on the accuracy of such information.
1.3 LAWYER AND CONSUMER RELATIONSHIP
This Section of the User Agreement addresses relationships between the lawyer and consumer, including Legal Service Engagements.
1.3.1 Legal Service Engagements
A Legal Service Engagement is a contractual relationship between the lawyer and the consumer and should be evidenced by an engagement letter (“Engagement Letter”) prepared by the lawyer and signed by the consumer. The scope of any Legal Service Engagement, including the lawyer’s hourly rate or flat fee to perform a particular legal service, should be agreed to by the consumer and lawyer and described in the Engagement Letter.
You acknowledge, agree, and understand that LegalBreeze is not a party to any Legal Service Engagement, that the formation of a Legal Service Engagement between Users will not, under any circumstance, create an employment or other service relationship between LegalBreeze and any lawyer or any other relationship with any User other than that of an independent contractor relationship.
1.3.2 Confidential Information
Each lawyer is governed by a set of ethics rules, commonly referred to as a Code of Professional Conduct, which includes, among other things, a duty not to reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted in very narrow circumstances, including when the lawyer reasonably believes disclosure is necessary to prevent certain death or substantial bodily harm, to prevent a crime or fraud that may result in substantial injury to the financial interest or property of another and to comply with other law or court order.
1.4.1 Relationship Classification
Nothing in the Terms and Conditions is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee, employer-employee relationship or any other relationship other than that of an independent contractor relationship between LegalBreeze and a User. Consumer is solely responsible for and has complete discretion with regard to selection of any lawyer for any legal service need.
1.4.2 No Formation of Attorney-Client Relationship
Any legal information found on LegalBreeze in blogs or otherwise is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. Any such information is not the provision of legal services, and accessing such information, or corresponding with or asking questions to a lawyer via the Services, or otherwise using the Services, does not create an attorney-client relationship between you and LegalBreeze, or you and any lawyer. Such information is not a substitute for an in-person, video or telephonic consultation with a lawyer licensed to practice in your jurisdiction about your specific legal issue. Any attorney-client relationship formed as a result of such discussions is between you and the lawyer you speak with—not between you and LegalBreeze.
1.4.3 Legal Advertising and Communications
It is solely the responsibility of lawyers and law firms to ensure that any information or advertisements they post or place on the Website, and any communications they may have with prospective clients through the Services, fully complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
1.5 LEGALBREEZE FEES
This Section of the User Agreement addresses the fees a User will pay LegalBreeze to access the Services and use the Website.
1.5.1 Service Fees Paid by Lawyers
Lawyers pay LegalBreeze a service fee for the use of the Website in the form of a charge per lead (“Service Fee”). A chargeable lead is defined as any contact of a lawyer by a consumer (i.e., a potential client) through the Website using our appointment request, telephone or messaging and chat communication Services.
LegalBreeze does not warrant or guaranty a lawyer will receive a minimum or maximum number of leads nor does LegalBreeze require the lawyer to purchase a minimum number of leads per month. LegalBreeze does not direct or dedicate any particular lead to a lawyer and each lawyer is on an equal playing field with the consumer as the consumer will solely determine whether, when and which lawyer to contact on the Website using our connection Services.
The current charges per lead for each legal service area are set forth in the below table and may change from time-to-time. If, and to the extent, LegalBreeze changes the charge per lead, we will use reasonable, good faith efforts to provide advance notice to each lawyer via email of any such change at least thirty (30) days before implementing any increase in the charge per lead and any such change will also be posted in these Terms and Conditions.
Legal Service Category | LegalBreeze Charge per Lead |
Bankruptcy | $50.00 |
Criminal | $85.00 |
Family | $30.00 |
General practice | $30.00 |
Immigration | $40.00 |
Intellectual property | $40.00 |
Personal injury | $100.00 |
Real estate | $40.00 |
Trusts and Estates | $40.00 |
Wills and probate | $40.00 |
By clicking to accept the Terms and Conditions on the Website or by continuing to use the Website or the Services on or after the Effective Date noted above, you accept and agree to pay the above charges in accordance with the provisions set forth in these Terms and Conditions.
In order to receive a lead, a lawyer must link a credit card to the lawyer’s Account. A lawyer may link a credit card to the lawyer’s Account by clicking on the My Account or My payment profile links in the lawyer’s drop down menu in the upper right corner of the blue banner on any web page on the Website. Once a credit card is entered, the lawyer will be able to receive leads on a 24/7/365 basis whenever the lawyer slides the My status button to “Online.” The My status button is next to the lawyer’s drop down menu in the blue banner on any web page on the Website and will turn to a green color when the lawyer is in an “Online” status mode.
Note that the Service Fee will appear under the My lead history option in the lawyer’s drop down menu in the lawyer’s drop down menu in the blue banner on any web page on the Website when the lawyer signs in to the lawyer’s Account.
A lawyer will not receive any leads when the lawyer has switched the lawyer’s status to “Offline.” LegalBreeze will present a limited version of a registered lawyer’s Profile even if the lawyer is “Offline.” A registered lawyer is never charged to be “Offline” and will always have a limited version of the lawyer’s Profile presented on the Website.
Each lawyer’s credit card will automatically be charged on the first day of each month for all leads received during the prior month. You agree that monthly payments will continue to be charged to your credit card method on a recurring basis until you cancel your Account status by removing your credit card payment information. You must pay your Service Fee through your credit card each month. After any free membership period, if any, LegalBreeze automatically renews your LegalBreeze monthly membership, and you irrevocably authorize and instruct LegalBreeze to charge your credit card on your behalf.
1.5.2 Processing Fee
LegalBreeze reserves the right to charge lawyers a payment processing fee for allowing the consumer to remit payments to the lawyer’s preferred payment method, including PayPal or Stripe (the “Processing Fee”). The Processing Fee is paid to LegalBreeze in consideration of costs incurred and administration of disbursements via the disbursement method requested by lawyer and may vary by disbursement method.
1.5.3 No LegalBreeze Service Fees for Consumers
A consumer may use the Website and our Services by clicking on the Register to find a lawyer link located in the drop down menu on the right side of the top blue banner located on any web page of the Website. LegalBreeze does not charge a consumer a fee to use our Services. If a consumer and lawyer enter into an Engagement Letter in connection with a Legal Service Engagement, the consumer agrees to pay the lawyer in accordance with the terms of the Engagement Letter. LegalBreeze facilitates the payment of legal fees on our Website through the use of payment methods selected by the lawyer, including PayPal and Stripe. As a consumer, you are liable for paying the lawyer for the legal services provided. LegalBreeze has no liability, either primarily or secondarily, for paying the lawyer other than providing Services that allow you to make payment of any legal fees owed to a lawyer on our Website.
1.5.4 No Referral Fees Paid by or to LegalBreeze
LegalBreeze is not a lawyer referral service, does not introduce consumers to lawyers, and does not help lawyers secure clients. LegalBreeze merely makes the Website and our connection, communication and document and payment transfer Services available to enable lawyers and consumers to more efficiently interact with one another through our Website. LegalBreeze does not charge a fee when a lawyer and consumer enter into a Legal Service Engagement nor does LegalBreeze charge any fee for posting public facing star ratings, reviews or other User information, including Profile Information.
1.5.5 No Return of Funds
Each lawyer acknowledges and agrees that LegalBreeze will charge the lawyer’s credit card the Service Fee and/or Processing Fee, as described above, and that once LegalBreeze charges or debits the lawyer’s credit card for the Service Fee and/or Processing Fee, the charge or debit is non-refundable, except as otherwise required by applicable law. Each lawyer also acknowledges and agrees that the Terms and Conditions provide for a dispute resolution process as a way to resolve disputes. To the extent permitted by applicable law, each lawyer agrees not to ask its credit card company to charge back any Service Fee and/or Processing Fee charged to the lawyer’s credit card in accordance with the Terms and Conditions for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Terms and Conditions. If a lawyer initiates a chargeback in violation of the Terms and Conditions, the lawyer agrees that LegalBreeze may dispute or appeal the chargeback and institute collection action against the lawyer and take such other action it deems appropriate.
1.5.6 Credit Card Information
In order to use certain Services on our Website, a lawyer must provide LegalBreeze with credit card account information. Each lawyer hereby authorizes LegalBreeze to run credit card authorizations on all credit cards provided by the lawyer, to store credit card and banking or other financial details as the lawyer’s method of payment consistent with our Privacy policy, and to charge the lawyer’s credit card for the Service Fee and/or Processing Fee and any other amounts the lawyer owes LegalBreeze under the Terms and Conditions. To the extent permitted by applicable law and subject to our Privacy policy, each lawyer acknowledges and agrees that we may use certain third-party vendors and service providers to process payments and manage the lawyer’s method of payment information.
By entering your credit card information in the Payment profile portion of our Website and authorizing payments to LegalBreeze with your credit card, each lawyer represents, warrants, and covenants that: (a) the lawyer is legally authorized to provide such credit card information; and (b) the lawyer is legally authorized to make payments using the method of payment. Each lawyer’s authorization to pay the Service Fee and/or Processing Fee using a credit card, is also a representation and warranty by the lawyer that there are sufficient funds or credit available to complete the payment using the designated credit card. To the extent that any amounts owed under the Terms and Conditions cannot be collected from the lawyer’s credit card, lawyer is solely responsible for paying such amounts to LegalBreeze by other means.
Because the use of any method of payment may be limited by applicable law or by written agreement with your financial institution, LegalBreeze is not liable to any User if LegalBreeze does not complete a transaction as a result of any such limitation, or if a financial institution fails to honor any credit or debit to or from an account associated with such method of payment. LegalBreeze will make commercially reasonable efforts to work with any such affected Users to resolve any such transactions in a manner consistent with the Terms and Conditions.
1.6 AGREEMENT NOT TO BYPASS OUR PLATFORM
Each User acknowledges and agrees that a substantial portion of the compensation LegalBreeze receives for making the Website and Services available to Users is collected through the Service Fee described above. LegalBreeze only receives this Service Fee when a consumer contacts a lawyer using our connection, communication and document transfer Services through the Website. Accordingly, Users agree to use the Website for up to twenty-four (24) months (the “Non-Bypass Period”) from the date on which a consumer identifies and connects with a lawyer using any of our Services. The immediately preceding sentence notwithstanding, the Non-Bypass Period does not apply if Users worked together before meeting on our Website. If a User uses the Website as an employee, agent, or representative of another business, then the Non-Bypass Period applies to any such User and the other employees, agents, or representatives of the business when acting in that capacity.
During the Non-Bypass Period, Users agree not to:
Submit proposals or solicit parties identified through the Website to contract, hire or work with outside the Website.
Accept proposals or solicit parties identified through the Website to contract, hire or work with outside the Website.
Refer a User another User identified on the Website to a third-party who is not a User of the Website for purposes of making or receiving payments off the Website.
If a User is aware of a breach or potential breach of this Non-Bypass Period, please submit a confidential report to LegalBreeze by sending an email message to: support@testing.legalbreeze.com.
If LegalBreeze determines, in its sole and absolute discretion, that a User has violated this Section 1.6, LegalBreeze, to the maximum extent permitted by law may (a) close the User’s Account and revoke the User’s authorization to use the Website and Website Services, and/or (b) charge the User for all losses and costs (including any and all time of LegalBreeze employees) and reasonable expenses (including attorneys’ fees) related to investigating such violation and collecting any Service Fee that would have otherwise been collected by LegalBreeze had there not been any such violation.
1.7 DISCLAIMER OF WARRANTY
This Section of the User Agreement confirms the acknowledgement and agreement from each User that the Website and our Services may not always be available.
EACH USER AGREES NOT TO RELY ON THE WEBSITE, THE SERVICES, ANY INFORMATION ON THE WEBSITE OR THE CONTINUATION OF THE WEBSITE. THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS”, “WHERE AS”, AND ON AN “AS AVAILABLE” BASIS. LEGALBREEZE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE, THE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS USER AGREEMENT OR THE TERMS AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEGALBREEZE DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A PARTICULAR USER. SECTION 1.11 (TERM AND TERMINATION) BELOW STATES EACH USER’S SOLE AND EXCLUSIVE REMEDY AGAINST LEGALBREEZE WITH RESPECT TO ANY DEFECTS, NON-CONFORMITIES, OR DISSATISFACTION WITH OUR WEBSITE OR OUR SERVICES.
1.8 LIMITATION OF LIABILITY
This Section of the User Agreement sets forth a limitation on the Company’s liability.
LegalBreeze is not liable, and each User agrees not to hold us responsible, for any damages or losses arising out of or in connection with the Terms and Conditions, including, but not limited to:
- a User’s use or inability to use our Website or our Services;
- delays or disruptions in our Website or our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Website or our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Website or our Services;
- damage to a User’s hardware device from the use of the Website or our Services;
- the content, actions, or inactions of third parties’ use of the Website or our Services;
- a suspension or other action taken with respect to a User’s Account; and
- a User’s reliance on the quality, accuracy, or reliability of Profiles, reviews, star ratings (including their content, order, and display), Profile Information, or metrics made available through our Website.
ADDITIONALLY, IN NO EVENT WILL LEGALBREEZE, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF LEGALBREEZE, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT OR THE OTHER TERMS AND CONDITIONS WILL NOT EXCEED THE LESSER OF: (A) $2,500.00; OR (B) ANY SERVICE FEES RETAINED BY LEGALBREEZE WITH RESPECT TO LEGAL SERVICE ENGAGEMENTS PURSUANT TO WHICH USER WAS INVOLVED AS CONSUMER OR LAWYER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY SUCH CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT OR THE OTHER TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO EACH USER.
1.9 RELEASE
This Section of the User Agreement confirms that each User will not hold LegalBreeze responsible for any dispute between Users.
In consideration of each User’s acknowledgement that LegalBreeze is not a party to any Legal Service Engagement or other contractual relationship between Users, each User hereby releases LegalBreeze, our licensors, our third party service providers, and our respective parent entities, subsidiaries, joint ventures, officers, directors, managers, members, agents, and employees (severally and collectively, the “Released Parties”) for, from and against any and all claims, demands, and damages (whether actual, direct, indirect, special, incidental, punitive, exemplary or otherwise) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute any User may have with another User, whether it be at law or in equity that exist as of the time a User agrees and accepts the Terms and Conditions. This release includes, for example and without limitation, any disputes regarding the quality, professionalism, Work Product and results experienced by a consumer from a lawyer in connection with any Legal Service Engagement and any requests by a User for refunds based upon any such disputes.
TO THE EXTENT APPLICABLE, EACH USER HEREBY WAIVES THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
1.10 INDEMNIFICATION
This Section of the User Agreement describes a User’s agreement to pay for certain costs or losses we experience as a result of a claim brought against us related to the User’s use of our Website or our Services, or a User’s illegal or harmful conduct.To the fullest extent permitted by applicable law, each User hereby agrees to defend, indemnify and hold harmless LegalBreeze and each of the Released Parties for, from and against any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action (severally and collectively, “Claim”) brought by the User, any other User or another third party, which Claim arises out of or relates to: (a) the use of our Website or our Services by the User, or those for whom the User is legally responsible; (b) a failure to comply with the Terms and Conditions by the User, or those for whom the User is legally responsible; (c) the failure to comply with any applicable law by the User or those for whom the User is legally responsible; (d) the negligence, willful misconduct, or fraud by the User or those for whom the User is legally responsible; and (e) any allegation involving defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights (as hereinafter defined) by the User, or those for whom the User is legally responsible. 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.
1.11 TERM AND TERMINATION
This Section of the User Agreement describes the duration of the Terms and Conditions and sets forth certain termination rights for LegalBreeze and Users.
1.11.1 Termination
A User and LegalBreeze may terminate this User Agreement in our respective sole discretion, at any time, without explanation, upon written notice to the other party. Any such termination will also terminate all other Terms and Conditions, except as otherwise provided herein. A written notice of termination from a User may be emailed to legalnotices@testing.legalbreeze.com. Upon any such termination, the User’s right to use the Website and our Services is automatically revoked, and the User’s Account will be closed.
User understands and acknowledges that termination of this User Agreement (or attempt to terminate this User Agreement) does not terminate any Legal Service Engagement entered into between Users, provided, however, completion, finalization or closure of any such Legal Service Engagement shall occur between Users off and outside our Website.
LegalBreeze may temporarily or indefinitely revoke a User’s access to the Website or our Services, if: (a) the User breaches this User Agreement or any other provisions of the Terms and Conditions; (b) we suspect or become aware that a User has provided false or misleading information to us; (c) we believe, in our sole and absolute discretion, that a User’s actions may cause legal liability for the User, our other Users, LegalBreeze or our affiliates; (d) we believe, in our sole and absolute discretion, that a User’s actions may be contrary to the interests of the Website or our User community; or (e) we believe, in our sole and absolute discretion, that a User’s actions involve illicit or illegal activity. If a User’s Account is temporarily or permanently closed, that User may not use the Website under the same Account or a different Account or re-register under a new Account without LegalBreeze’s prior written consent.
1.11.2 Access to Data
Except as otherwise required by applicable law, if a User’s Account is closed for any reason, that User will no longer have access to data, messages, files, or other material the User maintained on our Website. Each User acknowledges and agrees that LegalBreeze may delete any content and other data stored in an Account upon a termination of this User Agreement, for which LegalBreeze will have no liability whatsoever. LegalBreeze, in its sole and absolute discretion, except as prohibited by applicable law, may retain some or all of your Account information.
1.12 DISPUTE RESOLUTION PROCESS
This Section of the User Agreement describes the dispute resolution procedures each User agrees will resolve any disputes between the User and LegalBreeze.
1.12.1 Good Faith Negotiations
If, and to the extent, a dispute arises between a User and LegalBreeze regarding the use of our Website, our Services or any of the Terms and Conditions (severally and collectively, a “Dispute”), User and LegalBreeze will endeavor to resolve the dispute quickly, efficiently, cost-effectively and amicably pursuant to the good faith negotiation process described below before proceeding with a demand for arbitration.
1.12.1 Good Faith Negotiations
If, and to the extent, a dispute arises between a User and LegalBreeze regarding the use of our Website, our Services or any of the Terms and Conditions (severally and collectively, a “Dispute”), User and LegalBreeze will endeavor to resolve the dispute quickly, efficiently, cost-effectively and amicably pursuant to the good faith negotiation process described below before proceeding with a demand for arbitration.
1.12.2 Binding Arbitration
In the unlikely event a User and LegalBreeze are unable to resolve a Dispute within the timeframe and process described in Section 1.12.1, LegalBreeze and the User agree to resolve the Dispute in accordance with final and binding arbitration before an arbitrator in accordance with, but not through, JAMS. This agreement to resolve the Dispute pursuant to binding arbitration is intended to apply to the resolution of any and all Disputes that otherwise would be resolved in a court of law or before a forum other than arbitration.
Venue for arbitration shall be in Pima County, Tucson, Arizona in accordance with, but not through, the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect. Any Dispute regarding the applicability of a particular set of JAMS rules shall be resolved exclusively by the arbitrator. Any party will have the right to appear at the arbitration by telephone and/or video rather than in person.
This agreement to resolve the Dispute in accordance with final and binding arbitration, is the full and complete agreement relating to the formal resolution of Disputes arising hereunder. The arbitrator in any such arbitration shall have exclusive jurisdiction to decide all Disputes arising out of or relating to the interpretation, enforcement, or application of this agreement to arbitrate. In the event any portion of this agreement to arbitrate is deemed unenforceable, the remaining portion of this agreement to arbitrate will be enforceable.
User and LegalBreeze agree to bring any Dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (“Class Action Waiver”). Notwithstanding any other provision of this User Agreement or the JAMS rules, Disputes regarding the enforceability, revocability, scope, or validity or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (a) the Dispute is filed as a class or collective action, and (b) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. LegalBreeze may lawfully seek enforcement of this agreement to arbitrate and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims.
1.13.1 Entire Agreement
This User Agreement, together with the other Terms and Conditions, constitutes the entire agreement between User and LegalBreeze regarding the subject matter hereof. Any prior agreements or understandings between User and LegalBreeze concerning the subject matter hereof are superseded and replaced by this User Agreement and are hereby rendered null and void.
1.13.3 Interpretation
Each party has reviewed this User Agreement and the other Terms and Conditions and agrees that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this User Agreement or the other Terms and Conditions.
1.13.4 Waiver
No modification or amendment to any of the Terms and Conditions will be binding upon LegalBreeze unless in a written instrument signed by a duly authorized representative of LegalBreeze or posted on the Website by LegalBreeze. Our failure to act with respect to a breach by a User or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
1.13.5 Successors and Assigns
User may not assign the Terms and Conditions, or any of its rights or obligations hereunder, without LegalBreeze’s prior written consent, which consent may be arbitrarily withheld, conditioned or delayed. LegalBreeze may freely assign this User Agreement and the other Terms and Conditions without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms and Conditions are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of LegalBreeze and each User.
1.13.6 Severability
If and to the extent any provision of this User Agreement or the other Terms and Conditions is held illegal, invalid, or unenforceable, in whole or in part, under any dispute resolution proceeding provided for herein, such provision or such portion thereof will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
1.13.7 Access of Website
LegalBreeze makes no representations the Website or our Services are appropriate or available for use outside of the United States. Users and Visitors accessing the Website or our Services from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations, including, but not limited to, export and import regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and the sanctions programs maintained by the Department of the Treasury Office of Foreign Assets Control. A User must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. Each User also warrants the User is not prohibited from receiving U.S. origin products, including services or software.
In order to access or use the Website or our Services, each User must and hereby represents that the User is not: (a) a citizen or resident of a geographic area in which access to or use of the Website or our Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. Each User agrees that if the User’s country of residence or other circumstances change such that the above representations are no longer accurate, such User will immediately cease using the Website and our Services and such User’s license to use the Website or our Services will be deemed to be immediately revoked.
1.13.8 Governing Law
This User Agreement and the other Terms and Conditions, and any Dispute will be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The immediately preceding sentence notwithstanding, the agreement to arbitrate Disputes pursuant to Section 1.12.2 is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).
1.13.9 Survival
All indemnities, warranties, representations, covenants and other obligations described in this User Agreement and the other Terms and Conditions that expressly or by their nature contemplate performance after a termination or expiration of this User Agreement or the other Terms and Conditions shall survive and continue in full force and effect. Without limiting any other provisions of the Terms and Conditions, the termination of this User Agreement for any reason will not release a User or LegalBreeze from any obligations incurred prior to termination of this User Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
2. 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
3.1.1 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.
3.2.1 “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.
3.3.1 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.
3.9.1 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.