End User License Agreement
The End User License Agreement below applies to all video products produced and distributed by EmpowerLegal, Inc., a Massachusetts corporation (“EmpowerLegal”).
PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING ANY OF THE ONLINE VIDEOS OFFERED BY EMPOWERLEGAL, AS DESCRIBED BELOW. BY USING THE VIDEOS YOU ACKNOWLEDGE THAT YOU READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MUST PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE VIDEOS.
- Online Videos. Subject to the terms of this End User License Agreement, EmpowerLegal hereby grants to you a limited, non-transferable, royalty-free, and non-exclusive license to access and use EmpowerLegal’s video library and any related content (hereinafter the “Videos”) during the Term of this Agreement. Your use of the Videos shall be strictly in accordance with this End User License Agreement. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Videos. Nothing in this Agreement grants or transfers to you or to any third party any ownership rights in the Videos, and other intellectual property rights related to the Videos. Except as specifically set forth in this Agreement, EmpowerLegal owns and retains all right, title, and interest in the Videos.
- Authorized Users. EmpowerLegal will provide you with a unique access code for use to have access to the Videos. You may not provide your access code to any other individual or entity other than your employed attorneys and your clients. You may not make available access to the Videos under any remote computing services, timesharing, facilities management, outsourcing, or other such third-party access arrangements. You may not distribute the Videos to any third party in modified or unmodified form. You and your clients may access the Videos only via the Vimeo portal.
- Technical Support. During the Term, EmpowerLegal will use reasonable efforts, either by telephone or in writing, to help you solve specific problems accessing the Videos.
- Fees; Payment. For access to and use of the Videos, you agree to pay the Fees set forth in EmpowerLegal’s Fee Schedule for the number of litigation attorneys in your firm, as certified by you, or as independently determined by EmpowerLegal, and as such certification or determination is renewed on an annual basis. You hereby acknowledge and agree that the subscription fee is payable on a monthly basis, in advance, upon acceptance of this Agreement and will be charged whether you use the Videos or not. Payments not paid when due shall be subject to late charges equal to the lesser of (i) one and one-half percent (1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law. You agree to pay all attorneys’ and collection fees arising from efforts to collect any past due amounts from you.
- Taxes. Fees are exclusive of all applicable federal, state, provincial, and municipal sales, use, value-added, property, excise, import, foreign, withholding and other governmental taxes, duties, charges, levies, fees, excises, tariffs and assessments, of any nature whatsoever now or hereafter imposed (collectively “Taxes”). You are solely responsible and liable for, and will pay and remit in a timely manner, all Taxes (other than corporate income taxes payable by EmpowerLegal) associated with, based on or due as a result of the Fees, and all related interest, penalties and expenses. You will pay to EmpowerLegal all Taxes regarding Fees that EmpowerLegal is under a legal obligation to collect from you and that are properly included in an invoice issued by EmpowerLegal.
- Modifications and Changes to Videos. The Videos are subject to change, modification, additions or deletions at any time without notice in EmpowerLegal’s sole discretion.
- Publicity. EmpowerLegal may publicize your use of the Videos and may reference you (using you name and logo) in published lists or directories of EmpowerLegal customers.
- Your Responsibilities. You agree to comply with all applicable laws and regulations, including, but not limited to, those related to copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You agree to notify EmpowerLegal promptly if you suspect unauthorized use of the Videos. You agree to notify EmpowerLegal immediately if you become subject to any lawful order or process that would prohibit or limit your use of the Videos. As a condition of your use of the Videos, you warrant to EmpowerLegal that you will not use the Videos for any purpose that is unlawful or prohibited by this End User License Agreement.
- Prohibited Activities. The Videos are the property of EmpowerLegal, are protected by federal and international copyright and trademark laws. You may not copy, reproduce, translate, modify, enhance, or create derivative works from the Videos; license, sublicense, grant, sell, resell, lend, lease, loan, share, transfer, assign, pledge, publish, transmit, publicly display or perform, distribute, rent, create any interest in, or otherwise give or make available or permit the use of the Videos to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge, except to a bona fide client of your firm; alter, attempt to circumvent, destroy, obscure, conceal, modify, or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Videos; copy any ideas from the Videos or create a product or service using the ideas from the Videos; or permit, assist or encourage any other person to do any of the foregoing in this section 9. Any rights not expressly granted by this End User License Agreement are reserved by EmpowerLegal.
- Disclaimer of Warranties. THE VIDEOS ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. EMPOWERLEGAL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE OR NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. EMPOWERLEGAL DOES NOT WARRANT THAT THE VIDEOS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE VIDEOS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE VIDEOS WILL BE CORRECTED. EMPOWERLEGAL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE VIDEOS IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMPOWERLEGAL OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE VIDEOS. EMPOWERLEGAL IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.