LIGHTNING LAW TECHNOLOGIES, INC.
Effective: March 23, 2022
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.
Purpose. Lightning Law provides a secure and efficient online service where users can conduct and record certain legal proceedings, including attorney client meetings, depositions, mediations, hearings, conferences, arbitrations, and trials, organize legal information and exhibits, obtain signatures, draft agreements, identify and engage attorneys, court reporters, expert witnesses, purchase transcripts and recordings of legal proceedings, and connect with lawyers with specific expertise.
“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.
proceeding, you must first obtain written verified consent as required by law and the Lightning Law Policies.
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.
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.
Linking to our Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our website in any website that is not owned by you.
Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our website other than that set out above, please contact us using any of the methods described at Contact Us.
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 mediators, court reporters, attorneys 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 the resolution of disputes, however, we are not responsible for the outcomes 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. A 3% transaction charge is added to each credit card transaction made through our platform. This fee is the sole responsibility of the seller. 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 will have access to such materials for three (3) years of access from the date of the end of the legal proceeding to which such materials relate. Users with non-subscription accounts will have access to such materials for 30 (thirty) days from the date of the end of the legal proceeding to which such materials relate. 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 Confirmation. By participating in a legal proceeding though our Website, you:
- Agree to participate in the legal proceeding remotely;
- Intend to interact with third-party participants through our Website;
- Agree to intentionally provide your personal information for such proceedings;
- Consent to be recorded by audio-visual and/or stenographic means; and
- Acknowledge that such legal proceeding will have the same effect as if such legal proceeding was not conducted remotely.
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 remove any content that violates the Terms or the Lightning Law Policies or that, in our sole discretion, we consider objectionable. We may ban repeat offenders from the Website. As such, we may delete content that we deem to be:
- Profane, obscene, inappropriate, or disruptive.
- Indecent, sexually explicit or pornographic material of any kind--including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language.
- Threats; personal attacks; abusive, defamatory, derogatory, ad hominem attacks, or inflammatory language; or stalking or harassment of any individual, entity or organization.
- Impersonating any person or entity or falsely state or otherwise misrepresenting an affiliation with a person or entity.
- Discriminatory or containing hateful speech of any kind regarding age, ethnicity, gender, race, religion, nationality, sexual orientation, socio-economic status, political affiliations, disability or other characteristics.
- False, inaccurate, libelous or otherwise misleading in any way.
- Content containing or linking to any kind of virus, malware, spyware, or similar program that could cause harm to a user's computer.
- Content that promotes political campaigns, political views, and political candidates.
- Any content that might constitute a criminal offense or give rise to civil liability, or that otherwise violates local, national or international laws or regulations.
- Any content that would break a court’s non-publication order.
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.
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 your 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 confidential. You must not disclose those to any third party. We have the right to disable any account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms. 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 email@example.com. 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, offers and demands, documents, templates, and/or links to any third-party information such as dockets, statutes, forms, briefs, templates, 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 foregoing.
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.
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. The license granted through this paragraph shall not apply to Submitted Content covered by applicable attorney-client privilege regulations.
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; (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.
Prohibited Actions. By accessing or using our Website, in addition to all Lighting Law Policies, you agree to the following restrictions:
- You will not illegally discriminate against a person or group with regard to race, ethnicity, sexual orientation, gender, or disability, or otherwise through our Website.
- You will not invite a person who is a minor child to participate in a legal proceeding on our Website without first obtaining legally sufficient authorization as required by law and the Lightning Law Policies.
- You will not intentionally or unintentionally use any content, including Submitted Content, features, or services on our Website in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, or rule or regulation having the force of law.
- You will not use our Website in any manner that could harm, abuse, infect, take over, disable, overburden, or otherwise impair any of our computer hardware, software, or any systems, including, but not limited to, the servers, networks, and other components connected to or used for our Website. You will not use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or similar tools that accesses our Website, services, or API in a manner that sends more request messages to the servers we use in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You will not interfere with any other user’s use of our Website, or of any of the content, features, services and software provided on our Website.
- You will not upload, submit, or otherwise transmit any: (a) content you do not have a right to upload, submit, or transmit; or (b) content that is false, fraudulent, offensive, or illegal, that, to your reasonable knowledge, contains misinformation, or that encourages offensive or illegal conduct.
- You will not upload, submit, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or device.
- You will not copy, modify, disassemble, decompile, prepare derivative works of, reverse engineer, or otherwise attempt to gain unauthorized access to any source code, service, account, computer system, software, or network connected or related to any server used for our Website, including through password mining, hacking, or any other means.
- You will not seek to gain access to any content, features, services, or software other than as expressly permitted and intentionally made available by us, including any use, copying, or distribution of third-party and/or other user’s Submitted Content (including personal information) obtained on or through our Website for any commercial purpose other than those contemplated and facilitated by our Website.
- You will not modify any content, features, services or software provided on or through our Website unless such modification is to Submitted Content. Except as expressly permitted through the features and services offer through our Website, you will not reproduce, duplicate, copy, screen-shot, download content, independently record, sell, license, or otherwise exploit our Website, or any portion hereof, or use our Website for the development, production or marketing of a service or product substantially similar to Website. For the avoidance of doubt, content available on our Website on a complimentary basis may be searched, viewed, downloaded, used, and reproduced solely for your own use in connection with your own practice, business, or educational activities, provided that such use is not harmful to, commercially prejudicial to, or competitive with us.
- You will not use any hyperlinking, framing or similar techniques to enclose any portion of our Website without our express prior written consent and by complying with the Terms and the Lightning Law Policies.
- You will not circumvent, disable, or otherwise interfere with security or similar features of our Website.
- You will not make any independent use of, copy, or distribute any of Lightning Law’s information, content, features, services, trademarks, service marks, tradenames, logos, copyrights, patents, graphics, or other property, or use any meta tags or any other “hidden text” utilizing our trademarks, service marks, tradenames, logos, copyrights, patents, graphics, or other property without our express prior written consent.
- You will not use any network monitoring, discovery software, or other method to determine our Website architecture, or extract information about usage, individual identities, or users.
- You will not collect or harvest any personally identifiable information, including account names or email addresses, from our Website, unless the person whose information you are collecting or harvesting has given you express permission to have such information.
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 REGUATIONS; 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 MAXIUMUM 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, mediators, practicing attorneys, clients, 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 (the “FTC”) 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.
policies and how they apply to you. Please see our Service Providers’ page to learn more about how you can access their policies.
Governing Law and Jurisdiction. The Lightning Law Policies are governed exclusively by the internal laws of the State of Delaware, 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 Wilmington, Delaware, 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 Arizona, 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 States of Arizona and Delaware, 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.
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.
Lightning Law monitors some web forums containing user generated content and does not monitor others. Monitored web forums are moderated and messages are screened for inappropriate content. Please be advised that web forum content is the sole responsibility of the person supplying the content, and Lightning Law assumes no responsibility to control such content. Opinions expressed on Thomson Reuters web forums and in any corresponding comments are the personal opinions
of the original authors, and not necessarily that of Lightning Law. Except for private web forums, which are governed under a separate Non-disclosure Agreement, all user generated content posted or submitted to a web forum shall be treated as Non-confidential Information as outlined above. Web forums may include additional terms, which take precedence over these terms.
AGREEMENT TO ARBITRATE, WAIVER OF CLASS ACTION. If You are located in the United States, You agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions of Exhibit A. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.
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.
This Exhibit A to the TOS describes the further provisions which apply to the Binding Arbitration and Class Action Waiver.
1. Disputes. A dispute is any controversy between You and Lightning Law concerning the Services, any software related to the Services, the price of the Services, Your account, Lightning Law’s advertising, marketing, or communications, Your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of Your or Lightning Law’s intellectual property rights. As part of the best-efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution, to firstname.lastname@example.org.
2. Small Claims Court Available. You may initiate an action in your local Small Claims Court if You meet the court’s requirements. However, if such a claim is transferred, removed or appealed to a different court, Lightning Law reserves the right to require arbitration.
3. Arbitration Procedure. Disputes not resolved pursuant to Section 1 or 2 of this Exhibit A shall be resolved through arbitration. An Arbitrator will conduct an Arbitration on Lightning Law using the American Arbitration Association (“AAA”) Commercial Arbitration Rules. The Arbitrator may be chosen by You and Lightning Law. Arbitration hearings will take place remotely using Lightning Law. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
4. Arbitration Fees. If You are unable to afford the arbitration costs, Lightning Law will advance those costs to You, subject to the arbitrator’s determination if costs should be reimbursed to Lightning Law if Lightning Law prevails. For disputes involving more than $75,000, the AAA rules will govern payment of filing fees and and arbitrator’s fees and expenses.
5. Conflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules.
6. Requirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be filed in Small Claims Court or noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.
7. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this Exhibit A is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Exhibit, inclusive of the severed provision.