BY CLICKING THE "I ACCEPT THE SUBSCRIPTION AGREEMENT" BUTTON DISPLAYED AS PART OF THE EMPOWERLEGAL™ SERVICES YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF THE SERVICES, AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT.
1. DEFINITIONS
1.1 “Content” means the content that is accessible via the Services.
1.2 “Initial Subscription Period” has the meaning set forth in Section 5.1.
1.3 “Renewal Subscription Period” has the meaning set forth in Section 5.1.
1.4 “Services” means the EmpowerLegal™ services, including but not limited to the Content.
1.5 “Subscription Period” has the meaning set forth in Section 5.1.
1.6 “Subscriber” means the person for whom the Services are being purchased.
2. SERVICES AND USE RESTRICTIONS
2.1 Permitted Use. EmpowerLegal, Inc. (“EmpowerLegal”) grants to the Subscriber, a nonexclusive, nontransferable and limited license access and view the Services and Content solely in connection with the applicable Subscriber’s personal legal matters.
2.2 Restrictions. Except as expressly permitted herein, the Subscriber will not (a) sell, resell, license, sublicense, distribute, circulate, make available, rent or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering; (b) copy any Service or Content; or (c) access any Service or Content in order to build a competitive product or service.
3. PRORPIETARY RIGHTS
Subject to the limited rights expressly granted hereunder, EmpowerLegal and its licensors reserve all of their right, title and interest in and to the Services and Content, including all of their related intellectual property rights.
4. WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY
4.1 DISLCAIMER. ALL SERVICES AND CONTENT ARE PROVIDED “AS IS.” EMPOWER LEGAL AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RELATING IN ANY WAY TO THE USE OF THE SERVICES AND ANY CONTENT CONTAINED THEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBSCRIBER ACKNOWLEDGES AND UNDERSTANDS THAT THE CONTENT AND SERVICES DO NOT CONSTITUTE LEGAL ADVICE AND THAT THE SUBSCRIBER SHOULD SECURE THE ADVICE OF, OR REPRESENTATION FROM, AN ATTORNEY EXPERIENCED OR COMPETENT IN THE MATTER FOR WHICH THE SUBSCRIBER HAS PURCHASED THE CONTENT AND SERVICES.
4.2 LIMITATION OF LIABILITY. IN NO EVENT SHALL EMPOWERLEGAL, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES BE LIABLE TO THE FIRM, ANY AUTHORIZED USER, OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY RELATING TO THE USE OF THE SERVICES OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF THE FIRM, ANY AUTHORIZED USER, OR OTHER PERSON HAS BEEN NOTIFIED OF THE POSSIBILITY OF LIKELIHOOD OF SUCH DAMAGES OCCURRING. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EMPOWER LEGAL ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE FIRM HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.
5. FEES AND PAYMENT
5.1 Fees. The Subscriber shall pay EmpowerLegal the applicable fees for the Services set forth on the Order Form in advance by credit card or invoice (payable in full within thirty (30) days after the invoice date), together with any applicable taxes for the Services.
5.2 Fee Increases. EmpowerLegal may increase the fees for any Renewal Subscription Period upon at least thirty (30) days’ notice prior to the commencement of the applicable Renewal Subscription Period.
6. TERM AND TERMINATION
6.1 Term. EmpowerLegal will provide the Services to Subscriber for the period set forth in the applicable Order Form (“Initial Subscription Period”) and any renewal periods (“Renewal Subscription Period”) (the Initial Subscription Period and any Renewal Subscription Periods are collectively referred to as the “Subscription Period”). Except as otherwise specified in an Order Form, subscriptions will automatically renew for additional periods equal to the expiring Subscription Period or one year (whichever is shorter), unless Subsriber notifies EmpowerLegal (via email to info@empowerlegal.net or as otherwise provided on the EmpowerLegal website) of his/her intent not to renew prior to the end of the then-current Subscription Period.
6.2 Termination With Cause. EmpowerLegal may immediately terminate the Subscriber’s access to the Services without further notice if it reasonably believes that Subscriber has engaged in activity that violates applicable law or is in violation of this Agreement. In addition, EmpowerLegal reserves the right to suspend or cancel the Services upon the breach by Subscriber of any payment obligation herein, which is not cured within 10 business days’ of Subscriber’s receipt of notice of such breach from EmpowerLegal.
6.3 Termination Without Cause. Subscriber may terminate the Agreement without cause at any time upon notice to EmpowerLegal. Termination notices shall be sent to EmpowerLegal via email to info@empowerlegal.net or in accordance with any other instructions provided on the EmpowerLegal website. EmpowerLegal may terminate the Agreement without cause at any time upon thirty 30 days’ notice to Subscriber. Within thirty (30) days of termination under this Section 6.3 by either party, EmpowerLegal shall credit Subscriber for any pre-paid fees attributable to the terminated portion of the Subscription Period.
7. GENERAL PROVISIONS
7.1 Miscellaneous. Nothing in this Agreement shall create or be deemed to create a partnership or the relationship of principal and agent between the parties and Subscriber shall have no authority to make any representation or warranty on EmpowerLegal’s behalf. Neither this Agreement nor any part or portion may be assigned, sub-licensed or otherwise transferred by Subscriber without EmpowerLegal’s prior written consent. The Agreement shall be binding upon the parties and their permitted successors and assigns. Should any provision of this Agreement be held to be void and invalid, unenforceable or illegal by a court the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
7.2 Acceptance of Agreement. Use of the Services implies acceptance of this Agreement by Subscriber and, if applicable, its Authorized User(s), even in the absence of a written Order Form or other agreement with EmpowerLegal.
7.3 Amendments. EmpowerLegal may amend this Agreement at any time by posting an amended Agreement on the EmpowerLegal website. Such Amended Agreement will become effective immediately upon posting. Use of the Service by Subscriber after the Amended Agreement becomes effective will constitute acceptance of the Amended Agreement.
7.4 Force Majeure. Each party shall be excused from performance and not be liable for delay in performance or nonperformance (except for payment of fees) attributable in whole or in part to any cause beyond its reasonable control, including but not limited to the following: (a) action or inaction of government, whether in its sovereign or contractual capacity; (b) judicial action; (c) war, civil disturbance, insurrection, sabotage, terrorism or act of public enemy; (d) labor disputes or strikes; or (e) fire, flood, storm or other act of God.
7.5 Governing Law/Venue. This Agreement is governed by the laws of Commonwealth of Massachusetts, without regard to its conflict of laws provisions. Subscriber hereby irrevocably submits to the exclusive jurisdiction (including personal jurisdiction) of the state and federal courts in the Commonwealth of Massachusetts to resolve any dispute or controversy with EmpowerLegal arising out of or relating to this Agreement.
I AGREE. By clicking on the “I ACCEPT THE SUBSCRIPTION AGREEMENT” button (i) you agree that you have read the Subscription Agreement, understand it, and agree to be bound by its terms.