Effective Date: September 28, 2023
Thank you for your interest in LexBlog. These Terms of Service (the “Terms”) are an agreement between LexBlog, Inc. (“LexBlog”, “us”, “we” or “our”) and you (“Client”, “you” or “your”). These Terms set forth the general terms and conditions for your access to and use of the LexBlog located at www.lexblog.com, as well as any of the products and services made available by LexBlog on or through such website (individually and collectively, the “Services”).
Please read these Terms carefully before you start to use the Services. These Terms represent a binding contract between you and us, and by accessing, browsing, submitting information to and/or using the Services, you acknowledge that you have read, understand, accept and agree to be bound and abide by these Terms. We may update these Terms from time to time, in our discretion. Certain features of our website or Services may be subject to additional terms, rules or regulations, which will be posted to our website in connection with the same.
THESE TERMS AFFECT YOUR RIGHTS AND DESIGNATE THE GOVERNING LAW AND FORUM FOR THE RESOLUTION OF ANY AND ALL DISPUTES BETWEEN YOU AND US. If you do not agree to these Terms, then you may not access or use the Services.
1. ACCOUNT REGISTRATION AND MAINTENANCE
You agree that all Account Information that you provide will be accurate, current, and in a form sufficient to allow us to contact you from time to time. You agree that we may send email communications to you for customer service, account and/or product confirmations, product offers and other similar matters. You may choose to opt out of much of this email correspondence through your account settings or by using the links at the bottom of our emails. Please note that even if you opt out, we may still send you account and/or Services related communications, such as purchase confirmation and similar transactional messages.
2. ORDERS AND FEES
LexBlog shall provide you the Services that are more fully described in any order form (“Order”) between you and us. Upon submission of an Order, these Terms together with the Order shall constitute the full agreement of the parties (“Agreement”). You expressly acknowledge and agree that the execution of any Order shall constitute the execution of these Terms. This Agreement shall apply to any subsequent Services you may order.
The fees (“Fees”) for the Services will be set forth in the applicable Order. Fees for any renewal Services will be at our then-current rates. Overages may apply if your use of the Services exceeds your plan limits. You will be charged the Fees beginning on the date stipulated in the applicable Order. Unless otherwise set forth in the applicable Order, Fees are due in full in advance, except that Fees for any overages will be invoiced and charged in arrears. All Fees are payable in U.S. dollars. We will collect the Fees by debiting the electronic payment method that you have provided to us. Credit, debit, or other similar sources of payment may be debited up to one week prior to the due date. You must keep the method of payment current and able to be debited. If payment is not made by the due date, we may charge a late fee on the unpaid balance at the lesser of one and one-half percent (1.5%) per month or the maximum lawful rate permitted by applicable law, rounded to the next highest whole month and compounded monthly.
If we are required to collect taxes on the Services such taxes will be added to the Fees and you agree to pay them, unless you provide us with a valid tax exemption certificate. If you elect to pay via a wire transfer or credit transfer then you are responsible for any transfer fees, which will be automatically added to the Fees.
Failure to make payment in a timely manner may result in suspension or termination of your account. In the event your Services are suspended, we will preserve Your Content in accordance with our normal backup processes and procedures.
3. INTELLECTUAL PROPERTY
Content on our website is provided by LexBlog and its licensors, including, but not limited to, graphics, photographs, images, text, trademarks, logos, product and program names, slogans and the compilation of all of the foregoing (“LexBlog Content”). LexBlog Content is, as between you and us, the property of LexBlog and is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not copy or store LexBlog Content in any form outside of the LexBlog website and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any LexBlog Content, except as expressly contemplated herein. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights. All intellectual property rights in LexBlog and LexBlog Content are, as between you and us, the sole and exclusive property of LexBlog. Any dated LexBlog Content is valid as of the indicated date only.
LexBlog hereby grants a limited, non-transferable license to use LexBlog Content solely for purposes of, and only to the extent needed for, the Services you have ordered. Upon termination of this Agreement or upon any breach of this Agreement by you, the licenses to use the LexBlog Content shall immediately and automatically terminate, and you shall immediately cease any use of such content.
If you operate a blog, comment on a blog or otherwise post or submit content or material for publication to any LexBlog website (any such material, “Your Content”), you represent and warrant that Your Content is accurate, true and not defamatory, and that you own or otherwise have the necessary license(s) for your use of Your Content, including all rights necessary for you to post or otherwise transmit Your Content to LexBlog regardless of what form Your Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using LexBlog, you represent and warrant that Your Content and conduct do not violate these Terms. By submitting Your Content to LexBlog for publication, you grant LexBlog a world-wide, royalty-free, non-exclusive and irrevocable license to reproduce, modify, adapt and publish Your Content for the purpose of displaying, distributing, and promoting your blog and the Services generally. This license allows LexBlog to make publicly-posted content available to third parties selected by LexBlog so that these third parties can analyze and distribute Your Content in full and for publication through their own services. You also give other LexBlog users permission to share Your Content on other LexBlog websites and add their own User Content to it (i.e. to post or re-blog Your Content).
If you delete any of Your Content, LexBlog will use reasonable efforts to remove it from the LexBlog network, but you acknowledge that caching or references to Your Content may not be made immediately unavailable.
You can also view or access content and materials published to our website by other users (“User Content”). LexBlog does not control User Content and cannot guarantee its accuracy. LexBlog is not responsible for User Content and you should keep this in mind when making any decisions based on such User Content. We appreciate when you provide us feedback through customer service or by email, but we may use any feedback, comments, or suggestions without any obligations to you. For purposes of clarity, you hereby assign all intellectual property rights to us in any feedback, comments, or suggestions that you provide to us.
4. THIRD PARTY SERVICES
Some of our Services may make use of services or features provided by third parties (“Third Party Services”). These parties may sometimes abide by different terms of service and LexBlog is not responsible for any of the terms that these parties enforce or the consequences of the same. In instances where we directly integrate the services of third parties with unique terms separate from ours into the LexBlog Services, we will explicitly inform you about this and will not activate such Third Party Services unless and until you have expressly requested and consented to use of the same in an applicable Order. If you go to an external third party website, even if linked from our own website, it is your responsibility to read and understand the terms of service for such third party. You may also have the ability through the website to login to accounts that you have for certain Third Party Services or to link accounts for Third Party Services to your LexBlog account. LexBlog is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to a LexBlog account.
You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Services, whether or not you were linked to or directed to such Third Party Service through the LexBlog website. You acknowledge that Third Party Services may be subject to the applicable third party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the LexBlog website or in an Order to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. For avoidance of doubt, we are not liable in any fashion for any damages or other consequences that may arise from your use of third party services that are not expressly affiliated with LexBlog.
LexBlog reserves the right to display attribution links such as ‘Powered by LexBlog,’ or the LexBlog logo in your blog footer or toolbar. Footer credits may not be altered or removed regardless of upgrades purchased.
6. SUPPORT AND SECURITY
We provide support for your use of the Services through a variety of methods (e.g. knowledgebase, forums, chat, phone), as further described in an Order. If you abuse our support staff we may terminate the Agreement and your access to the Services without prior notice and with immediate effect.
LexBlog does keep backups of data, including Your Content, stored on our servers but we cannot guarantee that any such backups will be complete or error-free. We will provide a backup of that data when asked, but we encourage you to regularly backup all of Your Content and data directly. We do not guarantee backups to any data after expiration or termination of the Services. LexBlog maintains certain technical and administrative safeguards designed to improve the security, confidentiality and integrity of the website and Services. No such measures are capable of guaranteeing complete security though, and LexBlog disclaims all implied warranties as to the security of the Services.
7. SERVICES INFORMATION AND MODIFICATION
We attempt to ensure that the information provided through the website, including any LexBlog Content and anything pertaining to our Services, is complete, accurate, and current, but except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or currency of any information provided. LexBlog shall not be responsible for any errors or omissions on the website; however, when we discover an error we will endeavor to correct it as soon as possible and notify any Clients who we are aware are materially impacted. We reserve the right to amend errors or to update product information at any time without prior notice.
Not all Services that appear on our website may be offered in your jurisdiction. Certain of our Services, or aspects thereof, may be in beta form as designated by us (“Beta Services”). All Beta Services are provided on an as-is basis with the express understanding that they may not have been tested, have faults, and may not be as secure as other elements of the Services. Any service level agreement(s) or similar conditions set out in an Order between you and us does not apply to any Beta Services. We reserve the right to terminate the Beta Services at any time, even if you have relied on them as a material inducement to contract with us. We make no guarantee that any Beta Services will be further developed or ever put into production.
From time-to-time we may cease supporting certain aspects of the Services (any such event, an “End of Life”). Should components of the Services come to an End of Life, we will attempt to replace them with comparable components, but may not be able to do so. An End of Life is a routine and recurrent part of our ongoing development of the Services and you expressly acknowledge and agree that any End of Life is not and shall not be a breach of this Agreement.
8. ACCEPTABLE USE
You agree that in using the LexBlog Services you will not under any circumstances engage in any of the following prohibited activities:
- Illegal Acts. Using the Services to promote or encourage any illegal act or activity, including using the Services to directly publish, transmit, distribute or store content, material, information or data that is illegal under applicable law.
- Harassing or Abusive Acts or Material: Publishing, transmitting, distributing or storing any material that is or may be reasonably considered to be obscene, offensive or otherwise objectionable, defamatory, libelous, threatening, harassing, abusive or hateful, that violates the rights of others, or that advocates violence or threatens the health of others.
- Intellectual Property Rights Violations. Using the Services in a manner that infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other proprietary rights of any third party, including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names), and publishing material intended to assist others in unlawfully circumventing technical measures which are intended to protect such rights.
- Fraudulent or Harmful Acts. Using the Services in an activity which is fraudulent or harmful to others, or which contains false, deceptive or misleading statements, claims or representations (such as “phishing” or “pharming”), impersonating another person or entity, or in a manner that may harm LexBlog’s reputation.
- Ethics Violations. Posting any privileged client information, or any other information which you know is subject to confidentiality restrictions.
- Monitoring or Crawling. Monitoring or crawling of the Services or LexBlog’s computer systems that impairs or disrupts the systems or Services being monitored or crawled, or other harvesting or scraping of any content of the Services.
- Intentional Interference. Interfering with the proper functioning of the Services or any LexBlog systems including intentionally, knowingly, or recklessly introducing any virus or other contaminating code into the Services or systems; any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, flooding techniques, or conducting a denial of service (“DoS”) attack; or collecting, transmitting, or using information, including email addresses, screen names or other identifiers, by deceit or covert means (such as phishing, Internet scamming, password robbery, spidering, and harvesting).
- Avoiding Systems Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services, such as access limits and storage restrictions.
- Withholding Identity. Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses.
- Service Bureau Offerings. Copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services, except for content you have posted on the Services, or unless expressly authorized, or otherwise distributing the Services, in whole or in part, over any network, including a local area network, nor sell or offer it for sale. The Services or any component thereof may not be used to construct any kind of database.
Notwithstanding the generality of the foregoing or any other provision of these Terms or the Agreement, LexBlog has the right, in LexBlog’s sole discretion, to (i) refuse or remove any content that violates any LexBlog policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of LexBlog to any individual or entity for any reason. In any such instance, LexBlog will have no obligation to provide a refund of any amounts previously paid.
9. COPYRIGHT INFRINGEMENT AND DMCA POLICY
As LexBlog respects the intellectual property rights of others we expect all of our Clients to do the same. LexBlog has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), as codified in 17 U.S.C §512. If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to LexBlog:
- Information reasonably sufficient for LexBlog to contact you: name, address, phone and email address (if available);
- A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works; ● Information reasonably sufficient to permit LexBlog to locate your work on the site;
- A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf;
- A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification of alleged copyright infringement as described above, we will promptly investigate the matter and, in our reasonable discretion, may remove or disable access to the allegedly infringing content and notify the alleged infringer of your claim. We may request additional information from you on a case-by-case basis. Please submit your statement to LexBlog by mail or email as set forth below:
Please make sure to write “DMCA Copyright Notice” in the subject line.
10. LIMITED WARRANTY AND DISCLAIMER
THE LEXBLOG SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE SET FORTH IN WRITING BETWEEN YOU AND US, LEXBLOG AND EACH OF ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY REFERRED TO IN THIS SECTION AS “LEXBLOG”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OFFERED AND/OR PROVIDED PURSUANT TO THESE TERMS. NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, LEXBLOG MAKES NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. LEXBLOG IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. LEXBLOG DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
You agree to defend, indemnify and hold harmless LexBlog and its affiliates, directors, officers, employees and/or agents (collectively, “LexBlog Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) that may be incurred by any of the LexBlog Indemnitees arising out of or relating to Your Content, your violation of these Terms or the Agreement, your misuse of the Services, or your violation of any applicable laws, rules or regulations in connection with the website or Services. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of the LexBlog Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, LexBlog reserves the right to assume the exclusive defense and control of any proceeding that relates to LexBlog, the Services, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with us in our defense thereof.
12. LIMITATION OF LIABILITY
In no event will LexBlog be liable to Client or to any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of Services provided, including any copyright, trademark, patent, tort, contract or any other claim. LEXBLOG ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO CLIENT’S DISPLAY, PUBLICATION, OPERATION OR OTHER USE OF THE SERVICES OR THE WEBSITE THAT IS THE SUBJECT MATTER OF THIS AGREEMENT.
13. AGREEMENT TO ARBITRATE
If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us via email at firstname.lastname@example.org. Before we file a claim against you, we agree to contact you at the email address associated with your LexBlog account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
GENERAL. YOU AGREE THAT YOU AND LEXBLOG WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO LEXBLOG OR YOUR USE THEREOF, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or http://adr.org.
LOCATION OF ARBITRATION. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Seattle, Washington, or any other location you and we mutually agree to. EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights, or in response to any allegations or charges of criminal activity, without first engaging in arbitration or the informal dispute resolution described in this Section.
CLASS ACTION WAIVER. YOU AND LEXBLOG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
NO RIGHT TO JURY TRIAL. YOU AND LEXBLOG ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth herein by sending written notice of your decision via email to email@example.com. For new users, the notice must be sent within 30 days of registering with LexBlog, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this Section. If you choose to opt-out, we will also not be bound.
14. GENERAL PROVISIONS
(a) Severability and Waiver. If any part of these Terms is held invalid or unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting the intent of these Terms as closely as possible. Either party’s failure to enforce any term or condition herein is not a waiver of its right to do so later.
(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by Delaware law without regard to conflict of law provisions. Except as provided above, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in Seattle, Washington as the legal forum for any dispute between them.
(c) Updates. LexBlog, in its sole discretion, may make changes, updates, enhancements or similar to the website or our Services at any time, with or without notice. We may add or remove certain features and functionalities, or may discontinue the Services altogether.
(d) Term. These Terms are effective as soon as you opt to use the LexBlog website and Services. If Client and LexBlog have executed an Order, this Agreement shall become effective as of the date of signature on such Order and unless otherwise set forth therein shall continue for a term of 12 months. Thereafter, this Agreement shall automatically renew for successive terms of 12 months each, unless either party provides the other party with at least 30 days written notice of termination prior to expiration of the term then in effect, or unless otherwise terminated for cause or by mutual agreement of the parties.
(e) Notice. All notices from LexBlog to you will be provided to the email address that you provide to LexBlog when registering your account. All notices from you to LexBlog should be provided to firstname.lastname@example.org. Notice will be deemed given 24 hours after such email is sent, unless the sending party is notified that the email address is invalid.
(f) Change Policy. These Terms may be updated from time to time. If we make material changes, we will provide notice to you either by email, or by posting a notification on the LexBlog website. Please note that unless otherwise provided by applicable law, your continued use of LexBlog following the effective date means that you agree with, and consent to be bound by, the updated Terms.
(g) Miscellaneous. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous agreements relating to the subject matter of these Terms. If there is any conflict between these Terms and any additional terms, conditions, and rules posted by LexBlog, these Terms will govern, unless expressly superseded by such other terms, conditions, or rules. Sections of these Terms which by their nature should survive any termination will indeed so survive.