This agreement represents the complete agreement and understanding between LAWRITER, LLC (hereinafter referred to as "LW") and you as the account holder. LW may modify these terms and conditions, and/or discontinue or change the services offered.
USE OF THE SERVICE
Your use of this site constitutes acceptance of this agreement. If you do not accept the terms of this agreement, do not use the site. These terms shall apply at all times.
SERVICE PROVISIONS
LW will provide an online legal research service to individual account holders in with the terms and conditions of this document. LW services are defined as the use by the account holder of the various telecommunications, software and information services provided by LW and others via the global Internet.
ACCOUNT USAGE
The account holder agrees to maintain a secure password to the account and to not provide that password to any other individual or entity. The account holder also agrees not to use any process, program, or tool for guessing passwords. The account holder agrees not to use LW services to gain unauthorized access to the systems and networks of others.
COPYRIGHT/TRADEMARK/SERVICE MARK AND LIMITATIONS ON USE
The information available through LW and the way it is presented, including but not limited to the case law databases, code sections, CaseCheck+ and daily opinion service, is the property of LW or its licensers and is protected by copyright, trademark, service mark, other intellectual property laws and associated common law principles. This protection extends to all areas of LW, including both subscriber and non-subscriber areas. Information received through LW may be displayed, reformatted and printed for your use related to the practice of law, or your personal, non-commercial use only. You are using LW under a limited non-exclusive license. You are not permitted to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the information received by you or transmitted to you by LW to anyone without the express prior written consent of LW.
CASEMAKER® SUBSCRIPTION SERVICES
If you elect to subscribe to CASEMAKER® services, your subscription will continue until terminated by LW or until you notify LW in writing or by electronic mail of your decision to terminate your subscription. If you choose to terminate services by electronic mail and a dispute arises, you will be required to show proof of termination. LW may discontinue or change CASEMAKER®, or its availability to you, at any time and for any reason. Upon termination by either you or LW, the provisions of the following paragraphs: Use of the Service, Copyright, Trademark, Service Mark and Limitations On Use, Indemnification, Third Party Rights and Miscellaneous shall survive any termination of this Agreement.
WARRANTIES
LW does not warrant any connection to, transmission over, nor results or use of, any network connection or facilities provided under this agreement. LW assumes no responsibility for any damages suffered by the account holder, including but not limited to, mistakes, omissions, loss of data, miss-deliveries, delays in operation or transmission, non-deliveries, deletion of files or e-mail, errors, defects, viruses, or service interruptions of any kind, or any failure of performance, communications failure, theft, destruction or unauthorized access to LW’s records, programs or services. LW has no liability for the quality, accuracy, or validity of the data/information gathered from the Internet. Use of information gathered through use of LW services is at the risk of the account holder. No oral advice or written information given by LW, its employees, agents, third-party providers, suppliers, licensers or the like, shall create a warranty; nor shall account holder rely on such information or advice.
You assume total responsibility and risk for your use of the service and the internet. LW does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise, information or service provided through the service or on the internet generally, and LW shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally.
LW does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. The service and the software are provided on an "as is", "as available" basis.
DAMAGES
Under no circumstances, including negligence, shall LW, or anyone else involved in creating, producing or distributing the LW service, be liable for any direct, indirect, incidental, consequential or special damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) that result from the use or inability to use the LW service; or that result from mistakes, omissions, loss of data, miss-deliveries, delays in operation or transmission, non-deliveries, deletion of files or e-mail, errors, defects, viruses, or service interruptions of any kind, or any failure of performance, communications failure, theft, destruction or unauthorized access to LW’s records, programs or services; for any information, or transactions provided on the service or downloaded from the service, even if LW or its authorized representatives have been advised of the possibility of such damages; for any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. The maximum damages awarded under this agreement are an amount equal to subscription fees for one month.
ACCEPTABLE USES
The account holder agrees to conform to applicable local, state and federal laws. In cases where data communications are addressed to those outside of those agencies, account holders are advised that acceptable use policies of those other networks apply and may limit use. The account holder agrees to conform to the laws and regulations of the State of California while using LW services. If an account holder resides in any state that does not allow conforming to California law, the account holder is not allowed to use the LW services. Any use thereof is a violation of California law. LW assumes no responsibility for such actions.
ABUSE OF SERVICES
Any use of LW resources that disrupts the normal use of the system is considered abuse and will not be tolerated. A warning may be issued, followed by possible suspension of privileges, or loss of account.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless LAWRITER, LLC, its owners, officers, directors, employees, agents, licensers, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.
THIRD PARTY RIGHTS
The provisions entitled "Use of the Service" and "Indemnification" are for the benefit of LW and its officers, directors, employees, agents, licensers, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
TRADEMARK/SERVICE MARK/TRADE NAME NOTICE
CASEMAKER® is the Trademark, Service Mark or Trade Name of LAWRITER, LLC, an online legal research service. All other company, brand, product and service names or terms are the trademarks or service marks of their respective holders.
MEDIATION/ARBITRATION
This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. If a dispute arises from or relates to this agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to mediate their dispute by the Los Angeles office of the American Arbitration Association located at 3055 Wilshire Blvd, Floor 7, Los Angeles, CA 90010-1108. The parties will endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration. Any unresolved controversy or claim arising from or relating to this agreement or breach thereof shall be resolved exclusively by the Superior Court of the State of California, County of Los Angeles. Jurisdiction and venue for such action shall be in the Central District of said court.
Any claim you may have with respect to the Service must be commenced within three (3) months after the claim arises or such claim or cause of action is barred. LW's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. LW may assign its rights and duties under this Agreement to any party at any time without notice to you.
