Terms of Service

 

By using this website (the “Site”) or any applications or application plug-ins that are the property of LexCheck, Inc. (“Applications”), you agree to follow and be bound by these terms of service (the “Terms of Service”) and agree to comply with all applicable laws and regulations. In these Terms of Service, the words “you” and “your” refer to each customer, Site visitor, or Application user while “we”, “us” and “our” refer to LexCheck, Inc. (“LexCheck”) and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Service periodically. If at any time you find these Terms of Service unacceptable or if you do not agree to these Terms of Service, please do not use this Site or any Applications. We may revise these Terms of Service at any time without notice to you. If you have any questions about these Terms of Service, please contact us at support@lexcheck.com.

Please also review our Privacy Policy, which is incorporated herein by reference.

1. Description of LexCheck.

LexCheck provides an artificial intelligence and legal technology platform to automate contract negotiations. There is no need by you to license and/or download LexCheck software.

2. LexCheck is not a law firm or an attorney and is not providing legal advice.

You understand and agree that LexCheck is not a law firm or an attorney, may not perform services performed by an attorney, and is not the substitute for the advice or services of an attorney. No attorney-client relationship or privilege is created with LexCheck.

The information provided on this Site does not, and is not intended to, constitute legal advice. All information, materials, and content available on this Site are for general informational purposes only. This Site may contain links to other third party websites. Such links are only for your convenience and LexCheck does not recommend or endorse the contents of the third party sites.

You should contact your attorney to obtain advice with respect to any particular legal matter. You should not act or refrain from acting on the basis of information on this Site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of and access to this Site or any of the links or resources contained within the Site do not create an attorney-client relationship between you and LexCheck.

The legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

If, prior to purchasing a subscription to LexCheck, you believe that LexCheck gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you will not proceed with this purchase, and any purchase that you do make will be null and void.

3. Account Information.

When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, username or password at any time. You agree to notify LexCheck immediately of any unauthorized use of your account, username or password. LexCheck shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by LexCheck, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

In connection with the use of certain LexCheck products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant LexCheck a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by LexCheck at any time by removing your personal information from the applicable service.

4. Ownership.

This Site and Applications are owned and operated by LexCheck, Inc. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by LexCheck or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by LexCheck, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of LexCheck’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. LexCheck does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by LexCheck. Any rights not expressly granted herein are reserved by LexCheck.

5. Links and Integrations.

This Site and Applications may contain links to websites controlled by parties other than LexCheck (each a “Third Party Site”). LexCheck works with a number of partners and affiliates whose sites are linked with LexCheck. LexCheck may also provide links to other citations or resources with whom it is not affiliated. LexCheck is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. LexCheck makes no guarantees about the content or quality of the products or services provided by such sites. LexCheck is not responsible for webcasting or any other form of transmission received from any Third Party Site. LexCheck is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LexCheck of the Third Party Site, nor does it imply that LexCheck sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that LexCheck is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

6. Form Documents.

On our Site, through our Applications, and through certain partners, we offer self-help “fill in the blank” forms. You understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

LexCheck grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of LexCheck.

7. Disclaimer of Warranty.

THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LEXCHECK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LEXCHECK MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. LEXCHECK SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

8. Limitation of Liability.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD LEXCHECK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF CUSTOMERS, INTERFERENCE WITH BUSINESS OR COST OF PURCHASING REPLACEMENT SERVICES, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF LEXCHECK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF LEXCHECK, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES OVER THE TWELVE (12) MONTHS PRIOR TO THE FILING OF ANY CLAIM, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Compliance with Intellectual Property Laws.

When accessing LexCheck or using the LexCheck legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your LexCheck user account.

LexCheck has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of LexCheck or of a third party or that violate intellectual property rights generally. LexCheck’s policy is to remove such infringing content or materials and investigate such allegations immediately.

10. Inappropriate Content.

When accessing the Site, any Applications, or using LexCheck’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. LexCheck reserves the right to terminate or delete such material from its servers. LexCheck will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.

11. Limits on customized templates.

Some of our plans allow you to submit your own custom template documents that you or your attorney have created. We may be unable to process some of these documents due to technological limitations on our part, particularly if they contain complex internal logic. If we are unable to process your document, we will notify you and offer you the choice of an additional piece rate charge to process your template or the option to downgrade your plan.

12. Dispute Resolution.

Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by Federal Court in in New York County, New York. These Terms of Service expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

You also agree that you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. All claims for a breach of these Terms of Service must be commenced within one (1) year after the cause of action accrues otherwise such cause of action is permanently barred.

13. Trademarks.

LexCheck, LexCheck, Inc., the LexCheck Logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of LexCheck. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

14. Copyrights.

All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, LexCheck, Inc. ALL RIGHTS RESERVED.

15. Use by Minors Not Permitted.

You agree that by using the Site, any Applications, and the Services you are at least 18 years of age and you are legally able to enter into a contract.

16. Refusal Rights.

You acknowledge that LexCheck reserves the right to refuse service to anyone and to cancel user access at any time.

17. Waiver

A provision of these Terms of Service may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of LexCheck to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

18. Severability.

If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

19. Assignment.

The Terms of Service and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LexCheck without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

20. Independent Contractor.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and LexCheck as a result of these Terms of Service or use of the Services. You further acknowledge that by use of the Services that no confidential, fiduciary, contractually implied or other relationship is created between you and LexCheck other than pursuant to these Terms of Service.

21. Basis of the Bargain.

YOU ACKNOWLEDGE AND AGREE THAT LEXCHECK HAS OFFERED ITS SERVICES, SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN; THAT THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LEXCHECK; AND THAT THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LEXCHECK. YOU ACKNOWLEDGE AND AGREE THAT LEXCHECK WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

22. Force Majeure

Neither LexCheck nor you shall be in default if the failure to perform or delay in performing any obligation under the Agreement (other than payment obligations) is caused by Force Majeure.

23.Entire Agreement.

This is the entire agreement between you and LexCheck relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement may be modified in writing by LexCheck in accordance with the terms set forth above.

24. Survival.

The following sections shall survive termination of this Terms of Service Agreement: “Ownership”, “Disclaimer of Warranty”, “Limitation of Liability”, “Compliance with Intellectual Property Laws”, “Dispute Resolution”, “Trademarks”, “Copyrights”, “Waiver”, “Severability”, “Assignment”, “Basis of the Bargain”, “Force Majeure”, and “Entire Agreement”.

25. Acknowledgement.

BY USING LEXCHECK’S SERVICES OR ACCESSING THE LEXCHECK SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Last updated December 1, 2020