TERMS OF USE AGREEMENT

PLEASE SCROLL DOWN AND READ THE TERMS OF USE AGREEMENT BELOW.

This Terms of Use Agreement (the “Agreement”) governs your use of the services (each, a “Service”) available on the website of PleadingPrep.com, owned by Pleadingprep, Inc. (“PleadingPrep”).

If you agree to be bound by the terms of this Agreement, you should click on the "I AGREE" button at the end of this Agreement. If you do not agree to be bound by the terms of this Agreement, you should click "I DISAGREE." If you click "I DISAGREE," you will not be able to proceed with the registration process for the respective Service and become a user. To the extent you have access to, or are using, a Service without having completed our registration process and clicked on an "I AGREE" button, you are hereby notified that your continued use of a Service is subject to many of the terms and conditions of this Agreement as explained in Section 4 below.

1. Changes to Agreement. PleadingPrep shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of this Agreement without notice or liability to you. Any changes to this Agreement shall be effective immediately following the posting of such changes on this website. The most recent version of this Agreement may always be found at http://www.pleadingprep.com/subscriptionplans/. You agree to review this Agreement from time to time and agree that any subsequent use by you of this website following changes to this Agreement shall constitute your acceptance of all such changes. This Agreement was last modified on December 29, 2007.

2. Privacy and Your Account. Registration data and other information about you are subject to our Privacy Policy. If your access to a Service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a "Third Party"), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other users (such as your email address or name). If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Service. Similarly, if you tell someone the answer to your security question for a Service, they will be able to request information about your account and make changes through Customer Service. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.

3. Confidentiality and Transmissions over the Internet. The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

4. Other Users. If you access a Service as part of an "open house" free trial or otherwise without becoming a user, you are hereby notified that all of the terms and conditions of this Agreement except the section labeled "Fees and Payments" and "Renewal" apply to your use and access of the Service.

5. General Disclaimer. PleadingPrep’s website is for informational purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. You should always seek the assistance of an attorney for any legal advice. Documents on PleadingPrep’s website are not a substitute for legal research or legal drafting. PleadingPrep’s website is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on PleadingPrep’s website, you may display, download, archive, and print a single copy of any information on PleadingPrep’s website for such personal, non-commercial use, provided it is done pursuant to the User Conduct and Obligations set forth in Section 10 of this Agreement.

PleadingPrep has used its best commercial efforts to obtain and post on its website the most accurate and timely information available; however, all such information is complex and subject to rapid change. Accordingly, we do not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from PleadingPrep’s website.

PleadingPrep reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of its website or any information contained thereon without liability or notice to you.

As a visitor to PleadingPrep’s website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk.

6. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

PLEADINGPREP AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE PLEADINGPREP PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PLEADINGPREP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PLEADINGPREP PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

7. Indemnification by User. You agree to indemnify, defend and hold the PleadingPrep Parties harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of this Agreement. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

8. Fees and Payments. You agree to pay the fees and any other charges incurred in connection with your use of a Service (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. The fees will be billed at the time of your use of a Service. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.

9. User Conduct and Obligations. You agree to follow all applicable laws and regulations when using PleadingPrep’s website. Furthermore, you agree that you shall not:

  1. upload, post or otherwise transmit through or to this website any content that:
    1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
    2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
    3. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
  2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
  3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
  4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
  5. collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
  6. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by PleadingPrep;
  7. redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
  8. intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data; and
  9. embed or import any financial data provided by us into any information services (whether or not web-based), data files or application software, including without limitation accounting and payroll systems, except as specifically permitted in writing by PleadingPrep.

The foregoing prohibitions expressly include, but are not limited to, the practice of "screen scraping", or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the web site, in any manner or in any quantities not authorized in writing by PleadingPrep.

By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.

Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.

10. Third Party Web Sites, Services and Software. You acknowledge and agree that your business dealings with any third parties, including any merchants or advertisers, found on, or accessed through our website and any of their services, including payment for and delivery of any related goods and services, are solely as between you and such third parties. You understand and acknowledge that some of services accessible on our website are provided by third parties (including, but not limited to, discount foreign exchange services and online foreign exchange trading services) and that in certain instances, we may receive referral fees and/or other compensation from third parties on a per use or other basis based on your purchase or use of third party goods or services found on or accessed through our website. You acknowledge that in such dealings with third parties, we are not the seller or provider and your agreement of purchase or for services with such third party is solely between you and the third party, and not PleadingPrep. PleadingPrep assumes no responsibility whatsoever for any charges, losses or liabilities you or any user of your account incurs when making purchases or completing transactions with such third parties. As a user of our website, you acknowledge and agree that we shall not be responsible or liable in any way for any loss or damage of any kind which you or any other user of your account may incur as a result of, or in connection with, any dealings or transactions with such third parties.

By accessing third party services through our website, you hereby authorize such third party service provider to provide PleadingPrep with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods.

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

11. Proprietary Rights. PleadingPrep.com, its logos, and other identifying marks of PleadingPrep, Inc. are and shall remain the trade-marks and trade names and exclusive property of PleadingPrep, Inc., and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of PleadingPrep, Inc. and is protected by international copyright law. The content on this website may be used by you only for your personal, non-commercial use as provided for in this Agreement, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

12. Notice of Copyright Infringement Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
  4. The address, telephone number or e-mail address of the complaining party.
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

13. General. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America, applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

14. Additional Terms and Notices. PleadingPrep will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or any damages arising from any download of any Content.

15. Contact. If you have any questions or concerns about our website or this Agreement, please feel free to contact us at: mail@pleadingprep.com

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