We encourage you to periodically review this statement as it may change at any time at our sole discretion.
WHILE LIGHTNING LAW FACILITATES LEGAL PROCEEDINGS, IT IS NOT A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL ADVICE.
“I Agree.” By checking the “I agree” box when accessing or using our Website, you agree to be bound by the Lightning Law Policies, which constitute a binding legal agreement between you and Lightning Law and govern all use of our Website.
Ability to Accept Terms. Our Website is intended for business use only. By accessing, browsing, or using our Website, you affirm that you are at least 18 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Lightning Law Policies and to abide by and comply with the Lightning Law Policies, including these Terms of Service.
Agreement to be Bound; Modifications. Each time you access, browse, and/or use our Website, you acknowledge that you have read, understood, and agree to be bound by the then current Lightning Law Policies. We may modify any of the Lightning Law Policies at any time, with or without notice to you, and it is your responsibility to review them when you use our Website. If you do not agree to any of the Lightning Law Policies, your only recourse is to immediately discontinue use of our Website.
Purpose. Lightning Law provides a secure and efficient online service where users can conduct and record legal proceedings, including depositions, mediations, hearings, conferences, arbitrations, and trials, organize legal information and exhibits, identify and engage court reporters and expert witnesses, purchase transcripts and recordings of legal proceedings, and connect with lawyers with specific expertise.
User Confirmation. By participating in a legal proceeding though our Website, you:
System Requirements. Use of our Website requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of our Website, including access to its content and features, requires that you have access to certain hardware, software, and the Internet, your ability to access and use our Website and all aspects thereof may be affected by the performance thereof. Access to high speed Internet is recommended when using our Website. You acknowledge and agree that all system requirements, which may change from time to time, are your sole responsibility.
Permission to Use. We grant you permission to use our Website, including its content, features, and services, for its intended purpose and in the manner provided on our Website, and strictly subject to and in accordance with the Lightning Law Policies. Our Website is provided to all users, including you, “as is.” We reserve the right to suspend or remove your access to, or use of, our Website at any time and for any reason, including when any of the Lightning Law Policies are violated, or as may otherwise be deemed necessary or prudent in our sole discretion. Your failure to comply with any of the Lightning Law Policies will automatically terminate your permission to use our Website, with or without notice, and may result in deactivation of your user account. Except for such limited permission, Lightning Law does not grant you any express or implied rights or licenses, including with respect to any trademarks, service marks, tradenames, logos, copyrights, patents, graphics, other proprietary rights, or otherwise.
Availability of Website. We reserve the right, in our sole discretion, to discontinue, interrupt, modify, and/or remove our Website and/or any of its content, features or services at any time without notice. We may permit you to link from outside websites to content on our Website for your personal, non-commercial purposes, but we retain the right to, in our sole discretion, discontinue, interrupt, or remove any such links at any time.
Beta Versions. We may offer you access to content, features, and/or services that are designated as a beta version, and access to such beta versions may, in addition to the Lightning Law Policies, be subject to additional agreements. We make no representation that a beta version will ever be made generally available, and we reserve the right to discontinue or modify a beta version at any time without notice. All beta versions are provided “as is,” and may contain bugs, errors, or other defects. Your use of a beta version is at your sole risk.
Subscriptions. We may offer our Website’s content, features, services, and software for one-time use or by subscription. You can learn more about our pricing here.
Users Selling Services. Consistent with our business purpose, we facilitate the purchase and sale of certain services and products offered by our users, including court reporters and experts, related to the proceedings conducted through our Website. When you buy and sell such services and products through our Website, your transaction for the services or products is directly between you and the seller or buyer, and Lightning Law is not a party. We may help facilitate sales, distribution, and the resolution of disputes, however, we are not responsible for the transactions and make no representations regarding them. This means, among other things, that we have no control over, and do not guarantee the existence, quality, accuracy, or sufficiency of the services or products offered or sold, the truth or accuracy of any representation made by the seller, the ability of sellers to sell what is offered, the ability of buyers to pay for what they buy, or that a buyer or seller will actually complete a transaction or deliver any service or product, or address customer service issues to the buyer’s or seller’s satisfaction. Our Commerce Policy contains additional terms that apply to commerce through our Website.
Availability of Materials from a Legal Proceeding. Users with accounts will have access to their materials related to a legal proceeding conducted through our Website, including exhibits, recordings, transcripts, and any Submitted Content (defined below) for a limited period of time after the end date of the legal proceeding. Users who maintain a Lightning Law paid subscription account have three (3) years’ of access to such materials. Users with non-subscription accounts have 30 days’ of access to such materials. At the end of the availability period, materials are automatically deleted, and we cannot restore access to such materials after the availability period ends. Therefore, you must purchase and download transcripts, exhibits, recordings, or other materials associated with the legal proceeding when available to you, and we will not be responsible for the consequences of your failure to do so.
Our Patents, Copyrights and Trademarks. The technology, content, features, services, and software provided on our Website are owned by, or licensed to, Lightning Law and protected by United States and international intellectual property laws and conventions. Lightning Law and its licensors retain all proprietary rights to such technology, content, features, and services, including all Lighting Law trademarks, service marks, tradenames, logos, copyrights, patents, and graphics. Other trademarks, service marks, tradenames, logos, copyrighted information, and graphics appearing on our Website are the property of their respective owners; all of which has been licensed to us as provided herein. Any reference on our Website to third-party information, materials, content, services, or products does not constitute or imply Lightning Law’s endorsement, sponsorship, or recommendation thereof, or any particular affiliation with the third party.
User Account Required. To access or use our Website, including its content, features, services, and software, you must create a user account or be provided with an access code or link to our Website by a user who has an active account.
Authorized Access Only. When creating your user account and accessing or using our Website, whether by logging into account or by entering an access code or link provided to you, you must provide accurate and complete information about yourself when requested. You are required to keep your user account and your means of access to our Website secure, including protecting your password or access code or link. You must notify Lightning Law immediately of any breach of security or unauthorized use of your user account, including misuse of any access code or link, by contacting us at firstname.lastname@example.org. We will not be liable for damages or losses caused by any unauthorized use of your user account or access you allow and, to the fullest extent permitted by law, you will be liable for all damages and losses incurred by us or others due to such unauthorized use.
You are Responsible for All Activity on your Account. You are solely responsible for all activity that occurs on our Website through your user account, and you agree to accept responsibility for all activities that occur through your user account and/or password, including use of our Website by any person to whom you provide an access code or link or by any other person (including assistants, paralegals, or other colleagues) who uses your account. You agree to ensure that any such persons will comply with all the Lightning Law Policies, and you agree to be solely responsible for their compliance. We assume no responsibility or liability for any such activities.
Risk of Use. By accessing or using our Website, including its content, features, and services, you agree that you and any persons to whom you authorize to use your account or to whom you provide access to our Website, are using our Website at your/their sole discretion and risk, this includes all content, transcripts, recordings, documents, templates, and/or links to any third-party information such as dockets, statutes, regulations, and court or procedural rules.
Use Access. We may terminate any user’s access to our Website at any time and for any reason. We may, in our sole discretion and with or without notice, remove and/or delete the account of or access by any user who violates, or we have reason to believe violates, any of the Lightning Law Policies, whether or not such user is a repeat violator.
User Waiver. You understand and acknowledge that: (a) when you access or use our Website you may be exposed to other users’ Submitted Content from a variety of sources; (b) Lightning Law is not responsible for the use, accuracy, sufficiency, usefulness, safety, or intellectual property rights of any Submitted Content; (c) when you access or use our Website you may be exposed to other users’ Submitted Content or other information that is inaccurate, offensive, indecent, or objectionable; and (d) you hereby waive any and all legal and/or equitable rights or remedies you have or may have against us with respect to any of the forgoing.
Submitted Content. You agree that you are solely responsible for: (a) all information, data, or content created, submitted, recorded, sold, uploaded, stored, shared, and/or otherwise transmitted to our Website by you however you access our Website (collectively, “Submitted Content”); (b) compliance with all laws pertaining to Submitted Content, including compliance with all applicable laws related to intellectual property rights, recording another person, third-party consent to use Submitted Content, disclosure of notices regarding third party rights, and compliance with any applicable export control laws or regulations; and (c) all consequences related to the use of Submitted Content. You acknowledge and agree that Lightning Law does not guarantee or endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability resulting from or related to Submitted Content. For the avoidance of doubt, Lightning Law is not a law firm and does not provide any legal advice. Further, Lighting Law will not be liable in any way for Submitted Content, errors or omissions in Submitted Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Submitted Content. If we believe, in our sole discretion, that any Submitted Content does or may violate the Lighting Law Policies, we reserve the right, with or without notice, to remove the Submitted Content, to terminate the user’s account and/or access to our Website.
User License of Submitted Content. By accessing or using our Website you grant to Lightning Law and our affiliates, users, contractors, vendors, and/or representatives a perpetual, worldwide, royalty-free, unrestricted, irrevocable, nonexclusive, assignable, transferable, and sublicensable license and right to display, record, store, reproduce, publicly perform, distribute, transmit, upload, download, remix, excerpt, modify, adapt, transcode, translate, transcribe, publish, and create a derivative works from, or otherwise use Submitted Content, including your name, voice, and likeness, for the purposes and in the manner contemplated by our Website and the Lightning Law Policies, by any means, methods, or formats now known or later developed or discovered, and to the fullest extent and for the maximum duration permitted by law.
You acknowledge and agree that this license permits us to make Submitted Content available to our Service Providers (defined below) and to other Website users for such purposes as are permitted by our Website’s features and services and without paying any compensation to you or any other user, except as part of a commerce transaction through our Website, as applicable.
You further acknowledge and agree that this license permits court reporters to use Submitted Content to create and sell transcripts through our Website.
Submitted Content Restrictions. You agree that you will not submit to or transmit through our Website: (a) any information or content that is copyrighted, protected by trade secret laws or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or are permitted to submit the Submitted Content and to grant Lightning Law and its users the license rights granted in the Lightning Law Policies; (b) except and only to the extent as may be required for legal purposes, any information or content that is false or fraudulent, or that, to your reasonable knowledge, contains misinformation or is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or would be considered inappropriate by a reasonable person; or (c) any content that violates export control laws or regulations.
Additional User Representations. By accessing or using our Website, you affirm, represent and warrant that: (a) you are authorized to use our Website; (b) you have read and agree to be bound by these Terms of Service and all other Lightning Law Policies; (c) you own or have the right to submit Submitted Content to or through our Website and that such submission or transmission of Submitted Content does not violate or infringe on any rights of a third party; and (d) Submitted Content does not contain viruses, adware, spyware, worms, or other harmful or malicious code.
Prohibited Actions. By accessing or using our Website, in addition to all Lighting Law Policies, you agree to the following restrictions:
Export Restrictions. You acknowledge that your access or use of any portion of our Website may be subject to the export control laws of the United States and other applicable country export control and trade sanctions laws. You may not access, export, re-export, divert, transfer, disclose, or otherwise use any portion of our Website, including any content, features or services, or any related technical information or materials, directly or indirectly, in violation of applicable export control or trade sanctions laws, mandates, or regulations. By accessing or using our Website, you represent and warrant that: (a) you are not a citizen of, or located within, a country or territory that is subject to United States trade sanctions or other significant trade restrictions (including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea), and that you will not access or use our Website, or export, re-export, divert, or transfer any Submitted Content, in or to such countries or territories; (b) you are not identified on any United States government restricted party list (including, without limitation, the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders List, the U.S. Department of Commerce’s Denied Parties List, Entity List, and Unverified List, and any U.S. Department of State proliferation-related list); and (c) no Submitted Content is subject to any restriction on disclosure, transfer, download, export or re-export under any applicable export control or trade sanctions law or regulation. You acknowledge and agree that you are solely responsible for complying, at all times, with all applicable export control or trade sanction laws and regulations, and for monitoring them for any modifications.
No Warranties. LIGHTNING LAW PROVIDES ITS WEBSITE “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF OUR WEBSITE AND/OR ANY OF ITS CONTENT, FEATURES AND/OR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LIGHTNING LAW, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ITS WEBSITE AND/OR ANY OF ITS CONTENT, FEATURES, AND/OR SERVICES, AND USE BY YOU OR ANYONE ACCESSING OR USING OUR WEBSITE THROUGH YOUR USER ACCOUNT (INCLUDING YOUR AUTHORIZED USERS AND INVITEES), INCLUDING, WITHOUT LIMITATION, WARRANTIES: (A) OF SPECIFIC PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, AND DELAYS; (B) GUARANTEEING ANY PARTICULAR PERFORMANCE; (C) THAT ACCESS TO ANY CONTENT, FEATURE, SERVICE, OR SOFTWARE WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR VIRUS OR ERROR FREE; (D) AS TO THE ACCURACY OR LIFE OF ANY URL OR THIRD-PARTY WEB SERVICE; (E) REGARDING THE EFFECTS OF, OR RESULTS THAT MAY BE OBTAINED FROM, USE OF OUR WEBSITE; AND (F) WITH REGARD TO ANY CONTENT, FEATURES, SERVICE, OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE OTHER THAN, AND WITHOUT THE EXPRESS APPROVAL OF, LIGHTNING LAW.
FURTHER, LIGHTNING LAW DOES NOT WARRANT, ENDORSE, GUARANTEE, ASSUME, OR HAVE ANY RESPONSIBILITY FOR ANY CONTENT, FEATURE, SERVICE, SOFTWARE, OR PRODUCT ADVERTISED OR OFFERED BY ANY USER OR OTHER THIRD-PARTY ON OR THROUGH OUR WEBSITE, INCLUDING THE SERVICES OF ANY COURT REPORTER, EXPERT, OR ANY HYPERLINKED WEBSITE OR MATERIAL FEATURED IN ANY BANNER OR OTHER ADVERTISING, OR IN ANY SUBMITTED CONTENT. LIGHTNING LAW IS NOT A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN ANY USER AND THIRD-PARTY PROVIDER OF ANY CONTENT, FEATURES, SERVICE, SOFTWARE, OR PRODUCT. AS WITH THE PURCHASE OF ANY CONTENT, SERVICE, SOFTWARE, OR PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN TRANSACTING FOR ANY CONTENT, SERVICE, SOFTWARE, OR PRODUCT OR WHEN COMMUNICATING WITH ANY OTHER USER OR THIRD PARTY.
Limitation of Liability. LIGHTNING LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL LIGHTNING LAW, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE TO YOU OR ANYONE ACCESSING OR USING OUR WEBSITE THROUGH YOUR USER ACCOUNT (INCLUDING YOUR AUTHORIZED USERS OR INVITEES), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING THOSE THAT RESULT FROM ANY: (A) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES, INCLUDING IN ANY SUBMITTED CONTENT; (B) REMOVAL OF CONTENT FROM OUR WEBSITE THAT WE BELIEVE VIOLATES THE LIGHTNING LAWS POLICIES; (C) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM OR RELATED TO ACCESS TO OR USE OF OUR WEBSITE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS OWNED OR USED BY LIGHTNING LAW, OR THE PERSONAL INFORMATION, FINANCIAL INFORMATION OR ANY OTHER DATA OF LIGHTING LAW OR ANY OTHER USER STORED THEREIN OR ACCESSED THROUGH OUR WEBSITE; (E) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, INCLUDING ANY BUSINESS INTERRUPTION; (F) ANY LOSS OR FAILURE TO RETAIN OR PROTECT ANY USER INFORMATION, PERSONAL INFORMATION, SUBMITTED CONTENT OR COMMUNICATIONS; (G) USER INABILITY OR FAILURE TO PERFORM OR CONDUCT WORK OR TO PERFORM SUCH WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY LIGHTNING LAW; (H) DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE AVAILABILITY OF OR CONTENT MADE AVAILABLE THROUGH OUR WEBSITE; (I) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE; (J) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED, DOWNLOADED, UPLOADED, OR OTHERWISE MADE AVAILABLE THROUGH OR AS A RESULT OF OUR WEBSITE, INCLUDING SUBMITTED CONTENT; (K) ANY COMMERCE TRANSACTION OR FOR THE DELIVERY OF SERVICES OR PRODUCTS (OR THE FAILURE TO DO SO) BETWEEN USERS; (L) VIOLATION OF APPLICABLE EXPORT CONTROL LAWS OR REGULATIONS; OR (M) USER INABILITY OR FAILURE TO OBTAIN PRIOR VERIFIED PARENTAL CONSENT FOR A MINOR CHILD’S PARTICIPATION IN A LEGAL PROCEEDING. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. FURTHER, OUR MAXIMUM CUMULATIVE LIABILITY AND THE EXCLUSIVE REMEDY FOR THE USER OF ANY USER ACCOUNT (INCLUDING ANY PERSON USING OUR WEBSITE AS A RESULT OF ACCESS GIVEN BY A USER) FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO USE OF OR ACCESS TO OUR WEBSITE, INCLUDING ANY OF THE FOREGOING WILL BE LIMITED TO AN AMOUNT EQUAL TO THE FEES WE ACTUALLY RECEIVE FROM YOU (EXCLUSIVE OF ANY PAYMENTS RELATED THEREO WHICH WE TRANSMIT TO OTHER USERS), IN THE SIX MONTHS PRECEDING THE EVENT OR CIRCUMSTANCE GIVING RISE TO SUCH CLAIM. FOR THE AVOIDANCE OF DOUBT, YOU SPECIFICALLY ACKNOWLEDGE THAT LIGHTNING LAW WILL NOT BE LIABLE FOR ANY USER SUBMITTED CONTENT OR ANY DEFAMATORY, MISLEADING, INFRINGING, OR OTHERWISE OFFENSIVE OR ILLEGAL STATEMENT OR CONDUCT OF ANY USER OR THIRD PARTY, AND THAT BY USING OR ACCESSING OUR WEBSITE, THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Your Indemnification of Lightning Law.You agree to defend, indemnify and hold us, our affiliates, subsidiaries, owners, directors, officers, employees, representatives, and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and expenses) arising from or related to: (a) your access to or use of our Website; (b) your violation of any part of the Lightning Law Policies; (c) your violation of any third-party right, including, without limitation, any intellectual or other property or privacy right; (d) your failure to obtain legally-required prior consent from a parent for a minor child to use our Website; (e) any claim that Submitted Content caused damage or loss to a third party; (f) any claim that Submitted Content violates the Lightning Law Policies, including that it constitutes misinformation (as defined in the respective jurisdiction) or is in violation of applicable export control laws; (g)any claim related to a commerce transaction between you and another user; and (h) any claim against you, including professional malpractice, perjury, or violations of your ethical responsibilities. This defense and indemnification obligation shall survive the discontinuation of your access or use of our Website, the deletion of your user account, and the termination and/or expiration of this Agreement.
No Legal Advice. LIGHTING LAW DOES NOT PROVIDE ANY LEGAL ADVICE TO ANYONE. NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED WHEN YOU USE OR ACCESS OUR WEBSITE, OR ANY OF ITS CONTENT, FEATURES, AND SERVICES. The content, features, and services available through our Website are intended for judges, court clerks, practicing attorneys, court reporters, and other persons participating in legal processes or legal proceedings, and do not, and are not intended to, offer any legal advice. You use the content, features, and services of our Website at your own risk. The content, features, and services offered through our Website are general and intended to be informative in nature, may not reflect all recent legal developments, and may not apply to the specific facts and circumstances of your situation, case, legal proceedings, or work. Attorneys are strongly cautioned to evaluate the information and services available through our Website in light of their own research, experience and judgment, to consult applicable rules, regulations, procedures, and the law, and to make independent decisions about whether or not to apply the content, features, or services available through our Website to their particular situation, case, legal proceedings, and/or work. Lightning Law, its affiliates and representatives, and their editorial staffs are not a law firm, do not represent or advise clients in any matter, and are not bound by the professional responsibilities and duties of a legal practitioner. Nothing in the content, features, or services available on or through our Website, nor any receipt or use of such content, features, or services, is intended to be or shall be construed as advertising or solicitation by Lightning Law to provide any legal services, creating any attorney-client relationship, or providing any legal representation, advice or opinion whatsoever on behalf of Lightning Law, its affiliates and representatives, or their editorial staffs or any law firm, lawyer or other independent contributor of articles or other materials to the content, features, and services on our Website, including any Submitted Content.
Respecting Copyrights. Generally, copyright infringement is the unauthorized display, reproduction, distribution, or publication of a copyrighted work, or the creation of a derivative work thereof. For more information about what a copyright includes, see the definitions at the U.S. Copyright Office. Lightning Law respects the intellectual property of others and intends to follow the requirements set forth in the United States Digital Millennium Copyright Act of 1998, as amended (the “DMCA”) and other applicable laws. If you are a copyright owner (or agent thereof) and believe that content available on our Website infringes upon your copyright, please submit a notice as provided in our DMCA Guidelines.
Advertisers. Our Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws as well as the Lighting Law Policies. Lightning Law is not responsible for the illegality of, or any information, error, or inaccuracy in, any advertiser or sponsor materials, or for the acts or omissions of any such advertisers or sponsors.
Professional Profiles; Reviews and Recommendations. We may permit users to publicly post information about themselves, including professional qualifications, experience, and services they offer and may permit users to provide reviews and recommendations. Submitted Content, including any profiles, reviews and recommendations, must not be false or fraudulent, or contain misinformation or be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or would be considered inappropriate by a reasonable person. We do not have control over the content of such listings or reviews and advise you that they may not be accurate. Lightning Law is not responsible for the illegality of, or any information, error, or inaccuracy in, any professional profile, review or recommendation that appears on our Website. We do not monitor and are not responsible to determine whether such profile information constitutes advertising or solicitation for legal services, whether it complies with applicable laws or ethical rules in each applicable jurisdiction, or whether it creates any attorney-client or fiduciary relationship. Your use and/or reliance on such information is at your sole risk.
Recommendations, Endorsements or Testimonials. Any recommendation, endorsement, or testimonial on our Website must comply with the U.S. Federal Trade Commission’s guidelines as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for recommending, discussing, or promoting a product or service on our Website, or if you are an employee of a company and you decide to recommend, discuss, or promote that company’s products or services on our Website, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You are solely responsible for any recommendations, endorsements, or testimonials you make regarding any product or service on our Website.
Links to Third Party Sites. We may provide links to third-party websites, resources, and/or information, including laws, regulations, rules, pronouncements, and/or opinions, which you may access and use at your own discretion and risk. We make no representations whatsoever about any other website, resource, or information which you may access on or through our Website. Because we have no control over such sites, resources, or information, you acknowledge and agree that we are not responsible for the availability of such external sites, resources, or information, and are not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites, resources, or information. It is up to you to take precautions to ensure that whatever you select for your use is accurate and free of viruses, worms, trojan horses and other such items of a destructive nature. It is also your responsibility to understand whether the third-party site collects and uses information about you and what its policies are for handling that information. References on our Website to any names, marks, products or services of any third parties or hyperlinks to third-party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, representation, guarantee, or sponsorship of, or affiliation with the third party or its content, resources, products, services, or information; all of which is expressly disclaimed by Lightning Law.
Governing Law and Jurisdiction. The Lightning Law Policies are governed exclusively by the internal laws of the State of Washington, without regard to conflict of law principles. By accessing our Website, you hereby consent to the exclusive jurisdiction of the state and federal courts located in Seattle, Washington, to adjudicate any dispute arising out of or relating to the Lightning Law Policies, including your use of our Website, and consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such matters.
Location. You agree that: (a) our Website is deemed based solely in the State of Washington, USA; and (b) our Website is deemed a passive website that does not give rise to personal jurisdiction over Lightning Law, either specific or general, in any jurisdiction other than the State of Washington, USA. You further acknowledge that we do not claim, and we cannot guarantee, that our Website (including its content, features, or services) is or will be appropriate or available for any other location or jurisdiction.
Construction. Headings used in the Lightning Law Policies are for convenience of reference only and will not affect in any way their meaning or interpretation. As used in the Lightning Law Policies, the plural includes the singular, the singular includes the plural, any reference to an entity or person means both, as applicable, any reference to the gender of any person shall be deemed adjusted to connote the gender of the person intended to be designated by such reference, and the words “includes” or “including” shall mean including without limitation.
Entire Agreement. The Lightning Law Policies constitute the complete, exclusive, and fully integrated statement of the agreement between you and us with respect to their subject matter and supersede and preempt any other understandings, agreements, or representations, whether written or oral, related thereto.
Severability. If any provision of the Lightning Law Policies is deemed unlawful, void, or unenforceable by an arbitrator or court of competent jurisdiction, then that provision will be revised, limited, or eliminated from the Lightning Law Policies to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Successors and Assigns. Your agreement to be bound by the Lightning Law Policies shall bind and inure to the benefit of your and our successors and assigns; provided, however, that neither your agreement to be bound by the Lightning Law Policies nor any of your rights hereunder may be assigned by you without our prior written consent, which we may grant or withhold in our sole discretion.
Merger or Sale. If we are involved in a merger, acquisition, reorganization, consolidation, sale of assets, bankruptcy, or similar transaction or proceeding, some or all of our Website, including any information and content we collect from you or we learn about you or your use of our Website, you agree that such information and content may be sold or transferred as part of that transaction.
Injunctive Relief. You acknowledge that any use of our Website contrary to the Lightning Law Policies, or any transfer, sublicense, copying, or disclosure of technical information, content, or materials on or related to our Website may cause irreparable injury to Lightning Law and any other person or entity authorized by us to resell, distribute or promote our Website (a “Promoter”), and under such circumstances, Lightning Law and its Promoters, in addition to remedies at law, will be entitled to equitable relief without posting bond or other security, including preliminary and/or permanent injunctive relief.
Waiver. Our failure (or delay) to exercise or enforce any right or provision of the Lightning Law Policies, will not constitute a waiver of such right or provision. Any waiver of any provision of the Lightning Law Policies will be effective only if in writing and signed by an authorized representative of Lighting Law.
Survival. The terms and conditions of the Lightning Law Policies survive the termination, suspension, deactivation, and/or deletion of your user account or use of our Website.
Language. All communications between you and us must be in English.
Communications. When you access or use our Website or send an email, message, or other communications to us electronically, you consent to receive communication from us electronically or by any means, including email, text messages, mobile push notices, telephone, or video calls, and/or notices or messages through our Website. If we send email or text messages to you at the email address associated with your account, you are deemed to have received such email whether or not you actually did receive or read it. You are advised to retain copies of written communications for your records. You agree that all electronic communications we provide to you satisfy any requirement that a communication or notice be in writing pursuant to the Lightning Law Policies or otherwise. Further, you agree that we may contact you using autodialed or prerecorded calls at any telephone number you have provided to us. You agree that we may contact you by any form of communication to: (a) notify you regarding your account; (b) facilitate marketing efforts; (c) resolve a dispute; (d) respond to inquiries; (e) troubleshoot or otherwise service your account; (f) enforce the Lightning Law Policies or any other agreement we may have with you; or (g) as requested by any law enforcement, governmental, or similar agency. You understand and agree that we may, in our sole discretion, use a third-party service or by doing so ourselves, monitor and record any communications between you and our employees, contractors, representatives, or agents for purposes of quality control and for our own protection. If you do not consent to the recording of telephone or video calls by us, your only remedy is to not engage with us by such means. We may use automated systems to scan, analyze, and/or store the contents of some or all communications, including messages sent to us or other users through our Website, to detect and prevent fraudulent activity, violations of the Lightning Law Policies, or otherwise. This scanning and analysis may occur before, during, or after the communication is sent, or while in storage, and may result in your communication being delayed or withheld.
Force Majeure. We and our affiliates and subsidiaries, and our and their respective owners, directors, officers, employees, representatives, and agents will not be liable for any delay or failure to perform any obligation under the Lightning Law Policies where the delay or failure is related to any cause beyond our control, including acts of God, epidemics, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.