Legal | Terms of Service

Legal Science, LLC

TERMS OF USE

August 2015, Version 1.0

Terms of Use Overview

  1. Introduction
  2. Account
  1. Eligibility
  2. Use
  3. Terminating Your Account
  4. Changes to the Terms of Use
  5. Account and Password
  1. Rights
  1. Proprietary Rights Owned by Legal Science, LLC
  2. Proprietary Rights Owned by Users
  3. Privacy Policy
  1. Rules
  1. General Rules
  2. Compliance with Laws
  3. Sources of Legal Text
  4. U.S. Export Controls
  1. Payment
  1. Payment Plans
  2. Refund Policy
  1. Liability
  1. Limitation of Liability
  2. No Warranties
  3. Indemnity
  4. Damages
  1. Other Contract Terms
  1. Assignments
  2. Notice to U.S. Government End Users
  3. Choice of Law
  4. Force Majeure
  5. Survivability
  6. Severability
  7. Amendments and Waiver
  8. Notices
  9. Entire Agreement

Introduction

Thank you for using MonQcle. Please read these Terms of Use (“Terms”) carefully. By using MonQcle, you are agreeing to these Terms. This is a legal agreement. These Terms of Use also include our Privacy Policy, Acceptable Use Policy, API Use Policy and Payment Policy.

MonQcle is owned and operated by Legal Science, LLC at 401 Woodside Avenue, Narbeth, Pennsylvania, 19072. Legal Science, LLC will be referred to as “LS” under these Terms. MonQcle, which is our Software as a Service, will be referred to as the “Service.” Users of this Service will be referred to “User” or “you” under these Terms.  

Account

  1. Eligibility

Users of the free trial version are still bound to these Terms.

For every paid subscription to use the Service, you must:

  1. Agree to the Terms; and
  2. Provide true, complete, and up-to-date contact information.

By using the Service, you represent and warrant that you meet all the requirements listed above and that you will not use the Service in a way that violates any laws or regulations. LS may refuse, close accounts of any users, and change eligibility requirements at any time. If you create an account on the behalf of a company or other entity, you are representing that you have the authority to accept these Terms on their behalf.

  1. Use

For purposes of this agreement, your use begins when you create a free trial account or a paid account with the Service and continues as long as you maintain your subscription, and your right to access the system and store information on it, subject to the terms of your accompanying service agreement for your paid account subscription.  

  1. Terminating Your Account

You or LS may terminate this agreement at any time and for any reason by giving notice to the other party. LS may suspend the Service to you at any time, with or without cause. If LS terminates your account without cause, you will be refunded according to our Payment Policy. LS will not refund you if your account is terminated for cause, such as a violation of these Terms, the Acceptable Use Policy, the Privacy Policy, the API Use Policy, and the Payment Policy. Once terminated, we may permanently delete your account and all data associated with it.

  1. Changes to the Terms of Use

LS may change any of the Terms by posting a revised Terms of Use on the Service. The new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Service and any of its features at any time.

  1. Account and Password

You are responsible for any account that you have access to whether or not you authorized the use. You must immediately notify LS of any unauthorized use of your account. You are also responsible for keeping your account name and password confidential. We are not responsible for any losses due to stolen passwords.  

Rights

  1. Proprietary Rights Owned by Legal Science, LLC

You shall respect our proprietary rights in the Service and the software used to provide the Service, including our patents, trademarks, and copyrights. Subject to any existing service agreement between you and LS, you grant to LS a paid-up, royalty free, world-wide, delegable and transferable license to all data you create and store on the MonQcle.  LS may display, repackage, reanalyze, publish or sell the data without payment or notice to the user. 

  1. Proprietary Rights Owned by Users

LS retains the right to view any data maintained in the system. Your access to your data is contingent upon maintaining a paid or other subscription agreement with LS. LS reserves the right to delete data that has been created by a user whose subscription has lapsed.  

  1. Privacy Policy

We may use and disclose your personal account information according to our Privacy Policy. The LS Privacy Policy is considered a part of these Terms.

Rules

  1. General Rules

By accepting these terms, you promise to follow these general rules: (1) You will not violate our Acceptable Use Policy, API Use Policy, Payment Policy, and Privacy Policy, which are considered a part of these Terms; and (2) If you use our API, you will comply with our API Use Policy. If you violate any of these rules, LS may suspend or terminate your account. If you think anyone is violating any of these Terms, please notify LS immediately.

  1. Compliance with Other Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. If you or your work are subject to any other laws, regulations or contracts, and you use the Service, LS will not be liable if the Service does not meet those requirements.

  1. Sources of Legal Text

User understands that many commercial and non-commercial providers of legal text protect the information they provide under copyright or contractual provisions. User agrees to abide by these stipulations and to load and store in the MonQcle only digital legal text that has been obtained from a non-restricted source or entered manually from a published source.  User will indemnify and hold harmless LS in the case that a licensor or copyright holder claims that the user has violated its rights.

Payment

  1. Payment Plans

All payment plans are described in the Payment Policy. The charges for the plan may be changed at any time by LS. We will notify you of any changes by posting the changes to the Service.

  1. Refund Policy

In the event LS stops providing the Service for a reason not laid out in our Terms, you may be eligible for a refund in accordance with our Payment Policy.

  1. U.S. Export Controls

The software that supports the Service is subject to United States export controls. None of the software may be downloaded or otherwise exported in violation of United States export laws. You are downloading and using the software at your own risk.

Liability

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE, INCLUDING ANY DOWNLOADS FROM THE SERVICE. LEGAL SCIENCE, LLC AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY ARE BASED ON NEGLIGENCE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

  1. No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE THE MATERIAL ON THE SERVICE AS IS. WE DO NOT PROVIDE WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  

  1. Indemnity

You agree to indemnify and hold Legal Science, LLC harmless for any losses (including attorney fees) that result from claims made that are not allowed under these Terms due to a Limitation of Liability or other provision within these Terms.  You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that your or a person using your account acted in violation of any of these terms.

  1. Damages

If LS files an action against you for breach of these Terms and LS prevails, LS is entitled to recover reasonable attorney fees and any damages or other relief awarded.

 Other Contract Terms

  1. Assignment

You may not assign any of your rights under these Terms to anyone else. LS may assign our rights to any other individual or entity at our discretion.

  1. Notice to U.S. Government End Users

The Service, including all documents associated with the Service, are “Commercial Item(s)” as defined at 48 C.F.R. Section 2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (1) only as Commercial Items, (2) with the same rights as all other end users, and (3) according to the Terms. Published and Unpublished rights are reserved under the copyright laws of the United States.

  1. Choice of Law

The laws of the State of Pennsylvania, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. You agree to venue in the state or federal courts of Pennsylvania.

  1. Force Majeure

Legal Science, LLC will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to: strikes, riots, blockades, war, terrorism, natural disasters, acts of God, changes to laws or regulations, or acts of hackers or third-party internet service providers.

  1. Survivability

Even if the agreement is terminated, the following sections will still continue to apply: Proprietary Rights Owned by Legal Science, LLC, Proprietary Rights Owned by Users, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

  1. Severability

If a section of these Terms is found to be unenforceable, that section will be removed or edited as necessary. The rest of the Terms will still stand.

  1. Amendments and Waiver

Any amendments to these Terms will not be effective until we post the revised Terms to the Service. If LS does not immediately take action on a violation of these Terms, LS is not giving up any rights under the Terms. LS still may take action.

  1. Notice

Any notice to you will be effective when it is posted on the Service. Any notice to LS will be effective when delivered to Legal Science, LLC at 401 Woodside Avenue, Narbeth, Pennsylvania, 19072, or any addresses that may be posted later to our Service. In the event of a security breach, LS will notify you of the breach and provide a description of the event.

  1. Entire Agreement

These Terms, our Acceptable Use Policy, API Use Policy, Payment Policy, and Privacy Policy (all of which are incorporated into these Terms by reference), and any additional terms or service agreements you have agreed to make up the entire agreement and supersede all prior agreements and understandings.