Last Updated: August 13, 2021. Prior versions available here.¹
These Terms of Service (these “Terms”)
constitute the legally binding agreement between Notifeye Legal,Inc., a Wyoming corporation (“Notifeye Legal”, “we”, “us”, or “our”) and users (“you”,or “your”, except in Sections of these Terms that state otherwise) of our Services (as defined below). These Terms govern your use of the Platform (as defined below) in any way, including using the Services or any other services or resources available or enabled via, or that interact with, the Platform.
By clicking an “I accept” or similar button, completing the registration process, and/or browsing the Platform, you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with Notifeye Legal, and (3) you have the authority to enter into these Terms.
IFYOU DO NOT AGREE TO THESE TERMS, YOU MUST CEASE USING THE SERVICES AT ONCE.
THESE TERMS INCLUDEA CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDINGARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RELATING IN ANY WAY TOYOUR USE OF THE SERVICES AND THE PLATFORM. THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENTOF A DISPUTE. BY ENTERING INTO THESETERMS, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW. PLEASE SEE SECTION 15 BELOW FOR MOREINFORMATION REGARDING ARBITRATION AND HOW IT DIFFERS FROM A PROCEEDING IN ACOURT OF LAW.
Notifeye Legal reserves the right to modify these Terms at any time, effective uponposting of an updated version of these Terms at www.https://notifeyelegal.com/terms
or through the Platform. You should consult these Terms regularly for any changes. Continued use of the Platform shall constitute your agreement to such changes.
Subject to these Terms, we here by grant you a limited, non-transferable, non-sub-licensable, non-exclusive license to use the Platform on any applicable devices that are under your control, and to use the Platform and the Services solely as applicable here in.1. Age Limitation.
THE PLATFORM AND THE SERVICESARE NOT INTENDED FOR INDIVIDUALS UNDER THE AGE OF 18. IF YOU ARE UNDER 18, YOU MAY NOT USE THEPLATFORM OR THE SERVICES.2. Services.
Notifeye Legal provides an online marketplace connection, using web-based technology that connects you andother attorneys, paralegals, legal administrative professionals (“ServiceRecipients”) with independent licensed private investigators, registeredprocess servers and experienced couriers (“Service Providers”), which mayinclude, but is not limited to, services of process, electronic filing of courtdocuments, skip-tracing and courier services (collectively, the “Services”).
Were serve the right to suspend, discontinue or otherwise change any part of the Services at any time, in our sole discretion and without notice. You acknowledge and understand that the specific Services offered to you may be limited, or expanded, depending on the jurisdiction in which you intend to use the Services.3. Services.
A. Account Registration.
To use the Services, you may have to register for an account with us (“Account”). Depending on the type of Account you create, you must provide certain information about yourself as prompted by the registration process. The specific requirements for each type of Account are as follows:
(1) Service Recipient Account.
Service Providers will be required to sign up for an Account through our web application found at ([Web App Address]) (“Web App”), and provide thefollowing information:
(a) Full legal name;
(b) Company name, if applicable;
(d) Phone number;
(f) Password; and
(g) Payment Information.
(2) Service Provider Account.
Service Providers will berequired to sign up for an Account through our downloadable mobile application(“App” and, together with the Web App, the “Platform”), and provide and, ifapplicable, upload the following information:
(a) Full legal name;
(c) Phone number;
(f) The applicable Certifications;
(g) Bank account information; and
(h) Social Security Number (or TaxID Number).
You represent and warrant that: (i) all required registrationinformation you submit is truthful and accurate; and (ii) you willmaintain the accuracy of such information. You may deactivate your Account at any time, for any reason, byfollowing the instructions on the Web App or App, as applicable. You are responsible for maintaining the confidentialityof your Account login information and are fully responsible for all activitiesthat occur under your Account, including payment authorizations. You agree to immediately notify NotifeyeLegal of any unauthorized use, or suspected unauthorized use of your Account orany other breach of security. NotifeyeLegal cannot and will not be liable for any loss or damage arising from yourfailure to comply with the above requirements. You agree not to create an Account or use the Platform or the Services if you have been previously removedby us or banned from the Platform or the Services. Notifeye Legal reserves the right in its solediscretion to suspend or terminate your Account and refuse any and all currentor future use of the Platform or the Services (or any portion thereof) at anytime for any reason. You agree that NotifeyeLegal will not be liable for any suspension or termination of your Account orany refusal of any use of the Platform or the Services (or any portion thereof).
B. Using the Services.
Through the Web App,Service Recipients have the ability to select and place orders for certainServices (a “Service Request”). Once a Service Request is made, Notifeye Legalsends notifications (“Service Opportunity”) to Service Providers through theApp and Service Recipients shall have the option to accept or reject theService Opportunity. If a Service Opportunity is accepted, the Service Providershall be required to provide the requested Services, and, using the App,complete a series of milestones relating to the ultimate completion of theServices. C. Restrictions.
The rights granted to youin these Terms are subject to the following restrictions: you shall not: (i) permitany third party to use the Services (unless you are a Service Recipientauthorizing a person working under your supervision to use the Services on yourbehalf); (ii) circumvent, disable or otherwise interfere withsecurity-related features of the Platform; (iii) modify, create aderivative work of, reverse engineer, decompile or disassemble the Platformexcept to the extent permitted by applicable law and, in such an event,provided you first give us written notice thereof; (iv) remove, deface,obscure, or alter the Platform, or any third parties, copyright notices, trademarks,or other proprietary rights notices provided as part of the Platform; (v) usethe Services or the Platform for benchmarking purposes or to develop anysoftware, product or service that is the same as, substantially similar to, orcompetitive with the Services or the Platform; (vi) use any robot, spider,other automated device or any toolbar, web-bar, other web-client, device,software, routine or manual process to monitor or scrape information from the Platform;(vii) otherwise use the Services or the Platform in any unlawful manner orin breach of these Terms; or (viii) share User Generated Content (otherthan your own User Generated Content) outside the Services without theapplicable user’s permission. D. Disclaimer.
We make no representationor warranties that the Services are appropriate for use in locations other thanthe United States or that the Services are or will be available for use in anyparticular location (within the United States or otherwise) or at specifictimes. We may change, modify, suspend,or discontinue any aspect of the Services at any time and without prior notice. You agree that we will not be liable for anychange, modification, suspension, or discontinuation of the Services or anypart thereof. E. Updates.
We may update the Platform periodically but you agree that we areunder no obligation to do so or to provide technical support or maintenance. If we do update the Services, it will be doneautomatically without notice to you if these updates are designed to improve,enhance or fix bugs in the then current version of the Services. By accepting these Terms, you agree to suchupdates.
4. Representations, Warrantiesand Covenants. A. Representations, Warrantiesand Covenants of Service Recipients.
If you are aService Recipient, in addition to representations, warranties and covenants youmake elsewhere in this Agreement, you also represent, warrant, and covenantthat:
(1) You re at least eighteen (18) years of age;
(2) You are authorized to provideall User Generated Content;
(3) All User Generated Content andother information provided through the Platform or in connection with theServices is true and accurate;
(4) All User Feedback you post tothe Platform is a true and accurate reflection of your personal experienceusing the Platform and the Services; and
(5) Your use of the Platform or theServices will not result in a violation of any applicable laws, rules,regulations and local ordinances.
B. Representations, Warrantiesand Covenants of Service Providers.
If you are aService Provider, in addition to representations, warranties and covenants youmake elsewhere in this Agreement, you also represent, warrant, and covenantthat:
(1) You are at least eighteen (18)years of age;
(2) You have obtained and will maintain all Certifications (as defined below) to perform the applicable Services;
(3) All User Generated Content andother information provided through the Platform or in connection with the Services is true and accurate; and
(4) You will not use the User Generated Content of any Service Recipient for any purpose other than to provide the Services; and
(5) You will comply with allapplicable laws and industry standards.]
C. Only a Venue.
Notifeye Legal does notcontrol or guarantee: (i) the quality, safety, or legality of any aspect of theServices, or (ii) the ability of the Service Providers to provide theServices. The relationship between theService Recipients and Service Providers are governed by the provisions of theseTerms as follows: if you are a Service Recipient, you provide to each ServiceProvider the representations, warranties, and covenants provided to NotifeyeLegal in these Terms, including those set forth in Section 4.A. If you are a Service Provider, you provide toeach Service Recipient representations, warranties, and covenants provided to NotifeyeLegal in these Terms, including those set forth in Section 4.B.5. Disclaimers; Release. A. Compliance with Laws.
Service Providers aresolely responsible for compliance with all applicable laws, rules, regulationsand local ordinances, including without limitation, necessary permits, certifications, registrations, licenses, insurance coverage, surety bondrequirements, or other taxes and payments (“Certifications”), which may beapplicable to the performance of the Services. B. Limited IdentityVerification.
You authorize us, directly or through third parties, to make anyinquiries we consider necessary to help verify or check your identity orprevent fraud, including with respect to confirming your Certifications, (ifyou are a Service Provider) or our handling of payments through the Services asdescribed below. This may include askingyou to provide a form of government identification (e.g. driver’s license orpassport), your date of birth, and other information requiring you to takesteps to confirm ownership of your email address and/or Payment Information (asdefined below); or attempting to screen your information against third partydatabases; provided, however, that NotifeyeLegal is not required to confirm or attempt to confirm any particular user’spurported identity, and does not warrant that our efforts will be successful. 6. User Generated Content; Acceptable Use Policy. A.
“User Generated Content” meansany and all information and content that you submit to, or use in connectionwith, the Services, including, but not limited to, documents uploaded to thePlatform and User Feedback. You aresolely responsible for your User Generated Content. You assume all risks associated with use ofyour User Generated Content, including any reliance on its accuracy,completeness, or usefulness by others, or any disclosure of your User GeneratedContent that makes you or any third party personally identifiable. You hereby represent and warrant that yourUser Generated Content does not violate the Acceptable Use Policy (as definedbelow). Notifeye Legal is not obligatedto backup any User Generated Content and User Generated Content may be deletedat any time. You are solely responsiblefor creating backup copies of your User Generated Content if you desire. Notifeye Legal has no responsibility orliability for the deletion or accuracy of any User Generated Content; thefailure to store, transmit, or receive transmission of User Generated Content;or the security, privacy, storage, or transmission of other communicationsoriginating with or involving use of the Services. B. Third Party Consent to ShareInformation.
YOU REPRESENT, WARRANT, AND CONVENANT TO ONLY PROVIDE INFORMATION TO THEPLATFORM OR IN CONNECTION WITH THE SERVICES THAT YOU ARE ALLOWED TO PROVIDEWITHOUT VIOLATING ANY OBLIGATIONS YOU MIGHT HAVE TOWARD A THIRD-PARTY,INCLUDING ANY CONFIDENTIALITY OBLIGATIONS. PLEASE DO NOT PROVIDE ANY INFORMATION THAT YOU ARE NOT ALLOWED TO SHAREWITH OTHERS, INCLUDING BY CONTRACT OR LAW. C. Rights and Sharing UserGenerated Content.
By making available your User Generated Content on the Platform or in connectionwith the Services, you represent that you own or have all rights necessary tomake available your User Generated Content. When you submit certain User Generated Content, you acknowledge andagree that such User Generated Content may be shared with other users inconnection with the Services. D. Acceptable Use Policy.
The following sets forthour Acceptable Use Policy (“Acceptable Use Policy”): as a condition of use, youagree not to use the Services for any purpose that is prohibited by these Termsor by applicable law. You will not (andwill not permit any third-party) either (i) take any action or (ii) makeavailable any User Generated Content on the Platform or through the Servicesthat:
(1) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacyright, right of publicity, or any other intellectual property or proprietary right;
(2) is unlawful, threatening, abusive, harassing, harmful, defamatory, trade libelous, deceptive, fraudulent,false, intentionally misleading, pornographic, invasive of another’s privacy,tortious, obscene, patently offensive (e.g., material that promotes racism,bigotry, hatred, or physical harm of any kind against any group or individual),vulgar, profane or otherwise objectionable material of any kind or nature orwhich is harmful to minors in any way or which may create risk of harm, loss,physical or mental injury, emotional distress, death, disability,disfigurement, or physical or mental illness to you or to any other person ormay constitute a crime or tort;
(3) contains any information orcontent that is not correct and current;
(4) in violation of any laws, orobligations or restrictions imposed by any third party;
(5) constitutes unauthorized orunsolicited advertising, promotional materials, junk mail, spam, chain letters,pyramid schemes, or any other form of duplicative or unsolicited messages,whether commercial or otherwise;
(6) involves commercial activitiesand/or sales without Notifeye Legal’s prior written consent, such as contests,sweepstakes, barter, advertising, or pyramid schemes;
(7) impersonates any person orentity, including any employee or representative of Notifeye Legal, orfalsifies or misrepresents yourself, your credentials, or your affiliation withany person or entity;
(8) interferes with or attempt tointerfere with the proper functioning of the Services or uses the Services inany way not expressly permitted by these Terms;
(9) bypasses the measures we mayuse to prevent or restrict access to the Services, including, but not limitedto, registering for the Services with a fraudulent email address;
(10) harasses or interferes withanother user’s use and enjoyment of the Services or the Platform;
(11) harvests, collects, gathers orassembles information or data regarding other users, including e-mailaddresses, without their consent;
(12) displays, mirrors, or framesthe Platform;
(13) engages in, or attempts toengage in, any potentially harmful acts that are directed against the Servicesor the Platform, including but not limited to violating or attempting toviolate any security features of the Platform, using manual or automatedsoftware or other means to access, “scrape,” “crawl” or “spider” any pagescontained in the Platform, uploading invalid data, introducing viruses, worms,or any software intended to damage or alter a computer system or data,interfering with, disrupting, or creating an undue burden on servers ornetworks connected to the Services or violate the regulations, policies orprocedures of such networks, attempting to gain unauthorized access to the Services,other computer systems or networks connected to or used together with theServices, through password mining or other means; or
(14) violates the additional usagerequirements in Section 9 below with respect to our payment services, asthey are a part of the Acceptable Use Policy. E. No Obligation to Pre-ScreenContent.
ThePlatform may contain User Generated Content provided by other users. You acknowledge that Notifeye Legal has noobligation to pre-screen User Generated Content, although Notifeye Legalreserves the right in its sole discretion to pre-screen, refuse, or remove anyUser Generated Content at any time for any reason. By entering into these Terms, you herebyprovide your irrevocable consent to such monitoring. F. Investigations.
We may, but are notobligated to, monitor or review the Platform or the Services at any time,investigate, and/or take appropriate action against you in our sole discretion(including removing or modifying your User Generated Content, terminating yourAccount, and/or reporting you to law enforcement authorities) if you violateany provision of these Terms, any applicable law, or otherwise create liabilityor us or any other person.7. Intellectual Property Rights.
A. Notifeye Legal Ownership.
The Platform and itsfeatures, design and content (other than User Generated Content), includingwithout limitation, all text, documents, products, software, scripts, graphics,and services provided therein and the trademarks, service marks and logoscontained therein (“Content and Marks”) are either owned by us or owned bythird parties and licensed to us. TheContent and Marks are protected under United States and foreign copyright andintellectual property laws and treaties. The Content and Marks are provided to you “AS IS” for your informationand personal use only and are subject to the terms and conditions of theseTerms. Nothing in these Termsconstitutes a waiver of our intellectual property rights under any law. Our name, logo, and the product namesassociated with the Platform and Services belong to us or our licensors, and noright or license is granted to use them by implication, estoppel or otherwise. Neither these Terms nor your access to the Platformtransfers to you or any third party any rights, title or interest in or to suchintellectual property rights, except for the limited usage and access rightsexpressly set forth in Section 6. NotifeyeLegal and its licensors reserve all rights not granted in these Terms. Notifeye Legal does not grant any impliedlicenses under these Terms.
B. User Ownership.
You own your own UserGenerated Content.
C. License to Notifeye Legal.
You hereby grant, and yourepresent and warrant that you have the right to grant, to Notifeye Legal anirrevocable, perpetual, nonexclusive, royalty-free, and fully paid, worldwidelicense to license, reproduce, distribute, modify, adapt, publicly display andperform, prepare derivative works of, incorporate into other works, andotherwise use your User Generated Content (in whole or in part), and to grantsublicenses of the foregoing, solely for the purposes of including your UserGenerated Content on the Platform and operating and providing the Services. You agree to irrevocably waive (and cause tobe waived) any claims and assertions of moral rights or attribution withrespect to your User Generated Content.
D. User Feedback.
(1) Notifeye Legal may provide ServiceRecipients with interactive opportunities through the Platform, including, byway of example, the ability to post ratings and reviews (collectively, “UserFeedback”).
(2) If you are a Service Provider,you acknowledge and understand that Notifeye Legal will use the User Feedbackto generate a provider rating for each Service Provider (“Provider Rating”),and that your Provider Ratings will impact the number of Service Opportunities youmay receive.
(3) If you are a Service Recipient,you agree that submission of any User Feedback is at your own risk and that NotifeyeLegal has no obligations (including without limitation obligations ofconfidentiality) with respect to such User Feedback. You represent and warrant that you have allrights necessary to submit the User Feedback. You hereby grant to Notifeye Legal a fully paid, royalty-free,perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable rightand license to use, reproduce, perform, display, distribute, adapt, modify,re-format, create derivative works of, and otherwise commercially or non-commerciallyexploit in any manner it deems appropriate, any and all User Feedback, and tosublicense the foregoing rights. We willtreat any User Feedback you provide to us as non-confidential andnon-proprietary. You agree that you willnot submit to us any information or ideas that you consider to be confidentialor proprietary. If you are a ServiceProvider, you acknowledge and agree that feedback about you may not beaccessible, viewable, or editable by you, and may be visible to other Userswithout your knowledge or consent.
E. Copyright Infringement Claim.
It is Notifeye Legal’spolicy to respect the legitimate rights of copyright and other intellectualproperty owners. Should you believe thatcontent available via the Platform unlawfully infringes one or more of yourcopyrights and you wish to have the infringing material removed, the followinginformation in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to firstname.lastname@example.org:
(1) A physical or electronicsignature of the copyright owner or a person authorized to act on their behalf;
(2) identification of thecopyrighted work claimed to have been infringed;
(3) a description of the nature andexact location of the content that you claim to infringe your copyright, insufficient detail so to allow Notifeye Legal to locate and identify suchcontent;
(4) your name, address, telephonenumber and email address;
(5) a statement that you have agood faith belief that the use of the material in the manner described in yourcomplaint is not authorized by the copyright owner, its agent, or the law; and
(6) a statement that theinformation in the complaint is accurate, and that you are either the copyrightowner or a person authorized to act on their behalf.Youacknowledge that for us to be authorized to takedown any content, your DMCAtakedown notice must comply with all the requirements of this Section 7.E. Please note that a copy of your complaint,including any contact information you provide (address, telephone number, andemail address), will be forwarded to the person or entity whose content youclaim infringes your right.
Please note that, pursuant to17 U.S.C. § 512(f), anymisrepresentation of material fact (falsities) in a written notificationautomatically subjects the complaining party to liability for any damages,costs and attorney’s fees incurred by us in connection with the writtennotification and allegation of copyright infringement.8. Privacy.
),which is incorporated herein by reference and made a part hereof, describes ourpractices regarding your personal information. 9. Fees and Financial Terms. A. Service Recipient Fees andFinancial Terms.
(1) Payment. Prior to completing a Service Request, a Service Recipient will bedirected to a checkout page, which indicates the cost of such requestedServices (the “Fees”). In order to complete a Service Request, a ServiceRecipient must accept the Fees set forth on the checkout page and provide suchService Recipient’s Payment Information (as defined below). Upon the completionof such requested Services, Notifeye Legal will process such ServiceRecipient’s payment in an amount equal to the Fees, net of any unused serviceFees (e.g., unused stakeout Fees).
(2) Payment Methods. When you create an Account,you must provide us with valid credit card information (Visa, Mastercard, orany other issuer accepted by us) or automated clearing house accountinformation, and your billing information such as your name and billing address(“Payment Information”). By providing uswith your Payment Information, you agree we are authorized to use your Payment Informationto immediately charge you for all charges due and payable to us and that noadditional notice or consent is required. Please note that we cannot control, and disclaim all liabilityassociated with, any fees that may be charged by your bank in relation to our collectionof the Fees.
(3) Payment Changes. You agree to immediatelynotify us of any change in your Payment Information, including your billingaddress.
(4) Fees for Services. Notifeye Legal may change the fees for our Services as we deemnecessary or appropriate for our business, including but not limited to theFees, as well as any additional fees or surcharges, including, but not limitedto, ancillary service fees, software fees, stakeout fees, print fees andadvanced witness fees.
(5) Cancellations; CancellationFees.
(a) Cancellations. Either the Service Recipient, Service Provider or Notifeye Legalmay cancel an active Service Request at any time prior to the completion of theServices ordered pursuant to such Service Request (a “Cancellation”).
(b) Cancellation Fees.
(i) If a Cancellation is made by NotifeyeLegal, neither the Service Provider nor the Service Recipient shall be entitledto a cancellation fee.
(ii) If a Cancellation is made bythe Service Provider, neither Notifeye Legal nor the Service Recipient shall beentitled to a cancellation fee.
(iii) If a Cancellation is made by aService Recipient, and the Service Provider has performed any portion of theapplicable Services, a cancellation fee in the amount set forth on the checkoutpage for the applicable Service shall be payable to the Service Provider. B. Our Third Party PaymentProcessors.
(2) If you are a Service Provider,you acknowledge and understand that we use a third-party payment processor,Bill.com (“Bill.com”), to send payments to you through the Platform.Accordingly, in connection with your use of the Platform and the Services, yourPayment Information will be shared with Bill.com. You hereby authorize us andBill.com to store your Payment Information as outlined herein. By receiving payments through the Services,you agree to be bound by Bill.com’s General Terms of Service available at https://www.bill.com/legal/terms-of-service
and Privacy Notice available at https://www.bill.com/privacy
Notifeye Legal has noobligation to provide refunds or credits, but may grant them in our solediscretion. 10. Disclaimer of Warranties.
YOU ACKNOWLEDGE AND AGREETHAT THE SERVICES AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUTLIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITYFITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BYSTATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NOTIFEYE LEGAL DOES NOT WARRANT THAT THEPLATFORM OR SERVICES WILL OPERATE ERROR-FREE, OR THAT THE PLATFORM IS FREE OFVIRUSES OR OTHER HARMFUL CODE. NOTIFEYELEGAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING ANY SERVICESPROVIDED BY A SERVICE PROVIDER, ANY FAILURE TO PROVIDE SUCH SERVICES, OR THECONDUCT OF ANY SERVICE PROVIDER WITH WHOM YOU INTERACT, AND THE FOREGOING AREAT YOUR OWN RISK. NO ADVICE ORINFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NOTIFYE OR THROUGH THESERVICES OR THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.11. Limitation of Liability.
YOU ACKNOWLEDGE AND AGREETHAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OFTHE USE OF OUR SERVICES AND THE PLATFORM, REMAINS WITH YOU. NOTIFEYE LEGAL WILL NOT BE LIABLE FOR ANYINCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSTPROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTERDAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FORANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OFOR IN CONNECTION WITH THESE TERMS, THE SERVICES AND THE PLATFORM, WHETHER BASEDON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANYOTHER LEGAL THEORY, AND WHETHER OR NOT NOTIFEYE LEGAL HAS BEEN INFORMED OF THEPOSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL NOTIFEYE LEGAL’SAGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AND YOURUSE OF THE SERVICES AND THE PLATFORM, EXCEED THE AMOUNTS YOU HAVE PAID OR OWEFOR SERVICES IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THELIABILITY, OR IF YOU ARE A SERVICE PROVIDER, THE AMOUNTS PAID BY NOTIFEYE LEGALTO YOU IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THELIABILITY, OR ONE HUNDRED U.S. DOLLARS($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVEARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NOTIFEYE LEGAL ANDYOU. SOME JURISDICTIONS DO NOT ALLOW THEEXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.12. Indemnification.
You agree to defend,indemnify and hold harmless Notifeye Legal, and our respective suppliers,licensors, officers, directors, employees and agents from any losses, costs,liabilities and expenses (including reasonable attorneys’ fees) relating to orarising out of (i) your use of the Services or the Platform; and (ii) yourbreach of these Terms and/or applicable law. Notifeye Legal reserves the right, at your expense, to assume the exclusivedefense and control of any matter for which you are required to indemnify NotifeyeLegal, and you agree to cooperate with the defense of these claims. You agree not to settle any matter withoutthe prior written consent of Notifeye Legal. Notifeye Legal will use reasonable efforts to notify you of any suchclaim, action or proceeding upon becoming aware of it. This provision does not require you toindemnify Notifeye Legal, and respective suppliers, licensors, officers,directors, employees or agents for any unconscionable commercial practice bysuch party or for such party’s fraud, deception, false promise,misrepresentation or concealment, suppression or omission of any material factin connection with the Services.13. Term and Termination. A. Term.
These Terms shall becomeeffective on the date that you first register, access, or use the Services. These Terms shall continue in full effectuntil terminated, as set forth herein. B. Termination.
You may terminate yourrelationship with us at any time by unregistering your Account or discontinuingyour use of the Services. We may suspendor terminate your rights to use the Services (including your Account) at anytime for any reason at our sole discretion, including for any use of theServices in violation of these Terms. C. Effect of Termination.
Upon termination of theseTerms: (i) the license granted to you hereunder will automatically expire;(ii) your Account and right to access and use the Services will terminateimmediately you will cease any and all use of the Services. You understand that any termination of yourAccount may involve deletion of any data associated with your Account from ourlive databases. You also understand thatNotifeye Legal may deactivate your Account upon termination, but may retain alldata associated with your Account and use it in accordance with these Terms. Notifeye Legal will not have any liabilitywhatsoever to you for any termination of your rights under these Terms,including for termination of your Account or deletion or preservation of suchdata. Even after your rights under theseTerms are terminated, all provisions of these Terms, which by their natureshould survive, will survive, including, without limitation, ownershipprovisions, warranty disclaimers, and limitations of liability.14. Third Party Software and Licenses.
Portionsof the Platform may include software that we license from third parties (“ThirdParty Software”), which may be subject to various “open source” or commerciallicenses. Third Party Software issubject to the terms and conditions imposed by the respective licensors of theThird Party Software (“Third Party Terms”). You agree that your use of Third Party Software is subject to andgoverned by the related Third Party Terms. To the extent of any conflict between any Third Party Terms and these Terms,the Third Party Terms shall prevail in connection with the related Third PartySoftware. Notwithstanding anything tothe contrary herein, we do not make any warranty with respect to Third PartySoftware.15. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Pleaseread this Section 15 (this “Arbitration Agreement”) carefully. It is a part of your agreement with NotifeyeLegal and affects your rights. Itcontains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTIONWAIVER. By agreeing to arbitration,you are waiving your right to seek relief in a court of law.
A. Applicability of Arbitration Agreement.
(1) YOU ACKNOWLEDGE AND AGREE THATANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THESERVICES, OR THE PLATFORM, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THANIN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOURCLAIMS QUALIFY.
(2) You acknowledge and understandthat there is no judge or jury in arbitration, and court review of anarbitration award is limited. However,an arbitrator can award on an individual basis the same damages and relief as acourt (including injunctive and declaratory relief or statutory damages), andmust follow these Terms as a court would. B. Commencement of ArbitrationProceeding.
Tobegin an arbitration proceeding, you must send a letter requesting arbitrationand describing your claim to Notifeye Legal at email@example.com. The arbitration will be conducted by JAMS, anestablished alternative dispute resolution provider. All claims shall be subject to JAMS’s mostcurrent version of the Comprehensive Arbitration Rules and Procedures,available at http://www.jamsadr.com/rules-comprehensive-arbitration/
. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at800-352-5267. If JAMS is not availableto arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannotafford to pay JAMS’s filing, administrative, hearing and/or other fees andcannot obtain a waiver from JAMS, Notifeye Legal will pay them for you. In addition, Notifeye Legal will reimburseall such JAMS’s filing, administrative, hearing and/or other fees for claimstotaling less than $10,000 unless the arbitrator determines the claims arefrivolous. Likewise, Notifeye Legal willnot seek attorneys’ fees and costs in arbitration unless the arbitratordetermines the claims are frivolous. Youmay choose to have the arbitration conducted by telephone, based on writtensubmissions, or in person in the country where you live or at another mutuallyagreed location. Any judgment on theaward rendered by the arbitrator may be entered in any court of competentjurisdiction. C. No Class Actions. YOU ACKNOWLEDGE AND agree thatany dispute resolution proceedings will be conducted only on an individualbasis and not in a class, consolidated or representative action. If for any reason a claim proceeds in courtrather than in arbitration, we each waive any right to a jury trial. You also agree that either party may bringsuit in court to enjoin infringement or other misuse of intellectual propertyrights.
D. Thirty-Day Right to Opt Out.
You have the right to optout of the provisions of this Arbitration Agreement by sending written noticeof your decision to opt out to firstname.lastname@example.org
within thirty (30) days after first becoming subject to this ArbitrationAgreement. Your notice must include yourname and address, and the email address you used to set up your Account, and anunequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement,all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement hasno effect on any other arbitration agreements that you may currently have, ormay enter in the future, with us. E. Survival.
This Arbitration Agreementwill survive the termination of your relationship with Notifeye Legal. F. Emergency Equitable Relief.
Notwithstanding theforegoing, either party may seek emergency equitable relief before a state orfederal court in order to maintain the status quo pending arbitration. A request for interim measures shall not bedeemed a waiver of any other rights or obligations under this ArbitrationAgreement. G. Courts.
In any circumstances wherethe parties are permitted to litigate in court, the parties hereby agree tosubmit to the personal jurisdiction and exclusive venue of the state andfederal courts located in Sacramento County, California. H. Governing Law.
This Agreement shall begoverned, construed and interpreted in accordance with the laws of the State ofCalifornia, without giving effect to principles of conflicts of law.16. Disclosures.
Notifeye Legal is locatedat the address set forth below. If youare a California resident, in accordance with California Civil Code § 1789.3,you may report complaints to the Complaint Assistance Unit of the Division ofConsumer Services of the California Department of Consumer Affairs bycontacting them in writing at 400 R Street, Sacramento, CA 95814, or bytelephone at (800) 952-5210.17. Electronic Communications.
The communications betweenyou and Notifeye Legal use electronic means, whether you use the Services orsend us emails, or whether Notifeye Legal posts notices on the Platform orcommunicates with you via email. Forcontractual purposes, you (a) consent to receive communications, includingnotifications, from Notifeye Legal in an electronic form; and (b) agreethat all terms and conditions, agreements, notices, disclosures, and othercommunications that Notifeye Legal provides to you electronically satisfy anylegal requirement that such communications would satisfy if it were in ahardcopy writing. The foregoing does notaffect your non-waivable rights.18. Miscellaneous.
If you have any questionsor concerns regarding these Terms, please contact us at: email@example.com
Note to Notifeye: Link to prior versions when applicable.LastUpdated: August 13, 2021. Prior versionsavailable here.