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Welcome to our Website and thank you for visiting! The Website is operated by Lawpath and provides you with an opportunity to browse, review and use the products and services offered on the Website, subject to your acceptance of these website terms and conditions (these Terms) in accordance with clause 2 of these Terms. If you do not agree to these Terms, we kindly ask that you immediately leave the Website. All defined terms used herein, are defined in clause 1 of these Terms, unless otherwise indicated.
Prior to accepting these Terms, please be advised that Lawpath is not a law firm or an attorney. As such, no attorney-client relationship exists, or will exist, between you and Lawpath and Lawpath does not provide legal advice. Any information, documents, products or services provided by Lawpath, or obtained by you, is provided to you as is and as available and is general information for you to use as a starting point only. Lawpath is not a replacement for legal advice. You should always seek legal advice from an attorney prior to creating, using or relying upon the information, products and services provided on the Website. Further, these Terms contain:
a. an arbitration clause (see clause 22);
b. a class action waiver (see clause 22);
c. an auto-renewal of Legal Plans, unless cancelled before the renewal date (see clause 12);
d. a limited liability clause (see clause 20); and
e. a waiver of liability clause (see clause 20).
By agreeing to these Terms, you agree to resolve all disputes by way of Arbitration, and therefore, you waive the right to have your dispute decided by a judge or jury and you waive your right to participate in a class action or similar action.
Attorney means an attorney licensed to practice law in a state or jurisdiction within the United States of America;
Intellectual Property means all intellectual property rights or licensed intellectual property of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with trademarks, service marks, copyright, whether or not registered or registrable, and includes but is not limited to the right to apply for or renew the registration of such rights;
Lawpath, we, us and our refer to Lawpath Operations No.2 Pty Limited (ACN 660 157 755), an Australian proprietary limited by shares company with its registered office situated at 81-83 Campbell Street, Surry Hills, in the State of New South Wales, Australia, 2010;
Legal Documents means the document templates that are made available by Lawpath on the Website;
Legal Plan means the Lawpath legal Legal Plan that a User can access for a fee;
Legal Plan Member means a person who has registered and account for the Lawpath Legal Plan, and may include a User where they are a Legal Plan Member;
Website means the website www.lawpath.com;
User means any individual or company that browse, access or uses the Website or any Legal Document, and includes but is not limited to a Legal Plan Member;
You and your refer to an individual, company or organisation that has visited, read or is using the Website and/or its associated products or services.
2.1 The Website is a platform that provides technology powered legal facilitation of products and services to Users, which includes, but is not limited to:
a. a Legal Plan subscription to access all of the Legal Documents during the subscription period; and
b. depending on the type of Legal Plan sold on the Website, and selected by you, may include other features that include, but may include but is not limited to:
i. legal publications, articles and newsletters;
ii. email, SMS and other communications from Lawpath to you;
iii. API integrations and third party provider offerings;
iv. online secure storage;
v. electronic signatures (ESign); and
vi. legal workflows,
(collectively, referred to as the Services);
2.2 Please read these Terms carefully. By (i) using, reading or browsing the Website; (ii) registering as a Legal Plan Member; (iii) making payments via the Website; and/or (iv) clicking “I accept” or “I agree” where this is made available to you, this signifies that you have read, understood and agree to be bound by these Terms and our Privacy Policy found at www.lawpath.com/privacy-policy. If you do not agree to these Terms or the Privacy Policy, you must cease usage of the Website and the Services immediately.
2.3 Lawpath reserves the right to review and change any of these Terms by updating this page at its sole discretion at any time. Any changes to these Terms will take effect immediately from the date of their publication. Your access and use of the Website or any of the Services after Lawpath makes any changes constitute your acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and the Services immediately.
3.1 In order to access the Services, you are required to register for an account with Lawpath (Member Account). Once you create a Member Account, you will become a Legal Plan Member.
3.2 In order to create a Member Account, you are required to provide Lawpath with personal information, which includes but is not limited to:
a. your name, address, email address, phone number and location;
b. a username; and
c. a password.
3.3 Once you have completed the registration process you will be a registered member of the Website (the Member) and you agree to be bound by these Terms.
3.4 You warrant that any personal and/or registration information you provide to Lawpath will always be accurate, correct and up to date. You must immediately notify Lawpath if your registration details change.
3.5 You understand that by supplying Lawpath with your registration details, you may receive regular emails, newsletters, telephone calls or SMS updates from Lawpath in order to keep you informed about Lawpath, its activities and promotions. If you do not wish to receive updates from Lawpath, you may contact Lawpath at [email protected].
3.6 You may not become a Member and must not use the Services if:
a. you are not of legal age to form a binding contract with Lawpath; or
b. you are a person barred from using the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
3.7 By registering for a Member Account or using the Services, you represent and warrant to Lawpath that:
a. you have reached the legal age in your jurisdiction;
b. you have the right, authority and capacity to agree to and abide by these Terms;
c. if you are registering with Lawpath or purchasing the Services on behalf of a business, that business is taken to have accepted these Terms and you are taken to have been duly authorised to bind the business; and
d. you will use the Website in a manner consistent with any and all applicable laws, regulations and all other Lawpath policies.
4.1 As a Member, you agree to comply with the following:
a. not to share your Member Account with any other person, except where you are registering on behalf of a business, in which case you may share the Member Account with the employees or other registered owners of the business for the legal needs of that business;
b. use the Website only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
c. maintain the confidentiality of your Member Account and all the activities under your account;
d. notify Lawpath immediately following any unauthorised use of your Member Account or any other breach of security;
e. not expressly or impliedly impersonate another Member or use the Member Account or password of another Member at any time;
f. subject to clause 4.1 a., access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing or receiving the Services;
g. not to use the Website or Member Account for any illegal and/or unauthorised use, including, but is not limited to, collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
h. that commercial advertisements, affiliate links, and other forms of solicitation may be removed by Lawpath and may result in termination of your Member Account or the provision of the Services to you; and
i. you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5.1 A User may purchase a Legal Plan via the Website or the “Upgrade Subscription” link made available on the dashboard of the Member Account. The Website will then display the different types of Legal Plans, which the User can then choose to purchase. By clicking “Upgrade” and making the payment, the User will be a Legal Plan Member.
6.1 Depending on the type of Legal Plan purchased by the User, the Legal Plan may provide the following benefits:
a. access to the Legal Documents, including workflows and Esign (see clause 7); and
b. secure online storage of Legal Documents and other documents uploaded by the Member (see clause 8).
7.1 A Member may access the Legal Documents during their subscription period in accordance with these Terms. The Member is solely responsible for the completion and use of the Legal Document and the following terms apply:
a. Lawpath does not provide any warranties or guarantees regarding the Legal Documents. If you have any questions or concerns regarding the use or legal enforceability of a Legal Document, you must seek independent legal advice from a Attorney;
b. You are solely responsible for determining if a Legal Document is fit for your specific purposes.
c. The Legal Documents are created by you via a dynamic questionnaire. You are solely responsible for completing the questionnaire and building the Legal Document.
d. You agree that a Legal Document’s content, clauses and signatures will vary based on your answers;
e. Lawpath does not monitor or review if a Legal Document is complete or correct;
f. Lawpath is not responsible for any mistake that you make in understanding the dynamic questionnaire or how to answer the questions;
g. You are solely responsible for determining if a Legal Document you have created based on your preferences meets your legal requirements;
h. Lawpath provides Legal Documents and samples for general information purposes only;
i. In many instances, the Legal Document is a starting point only. It should be carefully considered and tailored to meet your specific requirements and circumstances. Any guidance notes on the Website must not be relied on as legal advice and we recommend that you seek professional legal advice from an Attorney to ensure that the Legal Document is suitable for your specific situation.
7.2 Where a User accesses a Legal Document, the User is granted a non-exclusive, non-transferable, limited licence to access and use that Legal Document for the User’s own personal use. You acknowledge that the information provided by Lawpath and the Legal Documents created may contain mistakes, inaccuracies and/or errors. Lawpath expressly excludes any liability for such mistakes, inaccuracies and errors to the fullest extent permissible by law. You should carefully review any Legal Document accessed or created through the Website to ensure that it does not contain any mistakes, inaccuracies or errors and is appropriate to your specific circumstances. The law may be different in each state and jurisdiction of the United States. Also, the law regularly changes and it is not practically possible for Lawpath to stay up to date on the changes to the law. Accordingly, if you have any questions or concerns regarding the use or legal enforceability of a Legal Document, you must always seek independent legal advice from an Attorney before use.
7.3 The User must not:
a. use the Legal Documents in any way that infringes the copyright or proprietary interests therein;
b. remove or obscure any copyright notice, licence notice or other notices contained in the Legal Documents; and/or
c. copy, produce, sell or distribute the Legal Documents to third parties for commercial purposes.
8.1 The storage service is intended to provide a record of, and not to serve as a repository for, original documents created or uploaded to the Lawpath Platform (the Vault Documents). Lawpath accepts no liability or responsibility for the preservation of Vault Documents. Lawpath reserves the right to store Vault Documents in any format, whether digitally or otherwise. You acknowledge that in using the Services you have exclusive control and responsibility for the content of all Vault Documents, including any documents used in conjunction with the Services.
8.2 Lawpath encourages the Legal Plan Members using the storage services to:
a. retain all the original documents in their own possession;
b. not to store with Lawpath original documents; and
c. preserve original documents in a secure and safe location outside of the Lawpath Website.
8.3 When using the ESign feature, you acknowledge that certain types of documents, agreements, or contracts may be excluded from general electronic signature laws (such as wills, trusts, court orders, or family law matters), or may have specific regulations that are applicable to them. You are solely responsible for ensuring that the documents, agreements or contracts you use with the Services are appropriate for electronic signatures. Lawpath is not responsible or liable for any such determination or use. Consumer protection laws or regulations may impose specific requirements for electronic transactions involving consumers. You are solely responsible for ensuring it complies with all such laws/regulations, and Lawpath has no obligations to make such determination or assist with fulfilling any requirements listed in this clause. You retain the rights, title, and interest (including any intellectual property rights) in and to any Vault Documents that you have created, brought into existence or upload to the Lawpath Platform (excluding the Legal Documents). You grant Lawpath a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the Vault Documents to the extent necessary to provide the Services. You expressly authorise Lawpath to use and share certain data (including but not limited to, name, email, IP address and browser) with your ESign recipients when you send or receive ESign requests linked to your Lawpath account.
9.1 The Services are subject to reasonable use to prevent exploitation, fraud and abuse of our Services and features. When determining “reasonable use”, it is whatever Lawpath deems as reasonable at its absolute and sole discretion and judgment.
9.2 For Legal Plans that specify that document downloads are ‘Unlimited’, you agree that the use of the term ‘Unlimited’ in describing such services is subject to reasonable use. If Lawpath suspects that the number of documents downloaded is an abuse of the Service in an excessive manner, Lawpath reserves the right to contact you and to discontinue the Services to you if Lawpath at its absolute discretion.
10.1 The User may not transfer or assign its subscription or the benefits associated with the Legal Plan to any other person.
10.2 Lawpath may, in its sole discretion, accept or refuse to provide its Services or access to the Website to you at any time and for any reason.
10.3 Lawpath reserves the right to change, vary or amend the benefits provided in the Legal Plan, at any time, in its sole discretion, with or without notice. Where there is a change in the benefits to a Legal Plan, Lawpath will use reasonable endeavours to notify you of such change.
11.1 Lawpath Website provides suggestions on the Legal Documents that the User may require based on the User’s recent purchase records and/or other Users’ actions by using an automated software.
11.2 The suggestions are generated by an automated software and thus are for informational purposes only. The suggestions do not in any way constitute legal advice or create a client-attorney relationship. Lawpath encourages the User to seek independent legal advice from an Attorney in your state, prior to using the Services or Legal Documents. Lawpath is in no way responsible or liable for the suggestions generated by an automated software.
12.1 The User must make payment for the Legal Plan prior to the commencement of the Legal Plan. The Legal Plan will only commence once payment is confirmed by Lawpath.
12.2 Where a User selects a Legal Plan:
a. The User will be charged in accordance with the billing terms in effect at the time of the User’s initial purchase, unless the User is notified of a fee change;
b. For any Legal Plan the User purchases that is charged in full upon purchase, the User agrees that for each renewal term for such Legal Plan, the amount due for the next term will be due and immediately payable in full as at the first day of that renewed term (the Automatic Renewal);
c. For each Legal Plan, the Users charge remains for each term no matter if the User access the Website during that term. In other words, even if the User does not use the Legal Plan benefits, the User is liable and responsible for all and any subscription fees until the User cancels the subscription or it is otherwise terminated. Lawpath does not offer a refund for any subscription fees paid in advance.
12.3 To allow payment for the initial term of a Legal Plan, valid credit card information is due at the time of purchase.
12.4 If the User has purchased a Legal Plan that is subject to an Automatic Renewal, the Legal Plan will renew automatically at the end of the initial term (the Billing Date) for another term which is for the same period of time as the initial term (the Renewal Term). The Automatic Renewal will continue to operate unless and until the User completes the cancellation form within the settings tab of their Lawpath Account. If the User does not complete this form, the User’s credit card will be charged for the Renewal Term of the Legal Plan on the User’s Billing Date.
12.5 Lawpath does not hold your credit card details, and we use a PCI compliant payment gateway, such as Strip Inc. (the Payment Gateway). Your credit card details will be held by the Payment Gateway, and Lawpath uses the Smarter Saved Cards function provided by Payment Gateway. The Payment Gateway will deal directly with the User and your credit card providers to up-date the details of replaced credit cards. Accordingly, the Legal Plan is not cancelled simply because your credit card has expired, and you must cancel the Legal Plan if you no longer wish for the Automatic Renwal function to operate.
12.6 If the User’s purchase date of the Legal Plan is on 29, 30 or 31 of any particular month, the Billing Date for the Renewal Term will fall on the last day of the month, if the month of the Renewal Term has less days that the month of the purchase date. You acknowledge and agree that Lawpath may adjust the User’s Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to the User on a pro-rated basis according to the number of days that have passed since the Billing Date of the User’s latest renewal charge. Unless otherwise notified in advance by Lawpath, the renewal charge will be equal to the original purchase price for the Legal Plan.
12.7 The User agrees to pay Lawpath the fees associated with the User’s Legal Plan. Additional discounts may be available for Members purchasing multiple months up front, as part of certain promotions which may include additional terms and conditions presented with the offer.
Promotional Trial Memberships
12.8 Lawpath sometimes offer certain Users various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.
12.9 At the completion of a trial membership, unless the User chooses to cancel by completing the cancellation form within the settings tab of their Lawpath Account, the Legal Plan will renew automatically and the User’s credit card will be charged to begin your initial term. It is your responsibility to cancel the Legal Plan prior to the end of the trial membership.
Beta Membership
12.10 Lawpath may offer a beta membership to initial User’s of a new feature, offering or Legal Plan. At our sole discretion, Lawpath may offer this beta subscription at a discounted price. The maximum period of discount on a beta subscription is 6 months. At the completion of this 6 month period, unless the User cancels the beta membership or Legal Plan, the User’s Legal Plan will renew automatically to the full price (non-discounted) and the User’s credit card will be charged to begin the initial term. It is your responsibility to cancel the Legal Plan prior to the end of the beta membership.
Fee Adjustments
12.11 Lawpath may increase its fees for any Legal Plan effective the first day of a renewal term by giving the User notice of the new fees at least thirty (30) days before the beginning of the Renewal Term (as defined in clause 12.4).
12.12 If the User does not cancel the Legal Plan prior to the Renewal Term, the User shall be deemed to have accepted the new fee for that Renewal Term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the next Renewal Term without any pro rata for the period covered under the prior fee schedule.
Invoicing
12.13 Lawpath may provide a tax invoice to the User’s registered email upon payment for the Services. Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with these Terms, are listed in United States Dollars (USD) and are exclusive of all tax, levy, or interest imposed by any government, semi-government or administrative body, department, commission, authority, agency, minister, statutory corporation, instrumentality or entity including but not limited to sales, use, value added, goods and services, stamp duty or excise.
Promotional Codes
12.13 Lawpath may, in its sole discretion, create promotional codes that may be redeemable for account credit or discounted services. Promotional codes may not be duplicated, sold or transferred in any manner, or made available to anyone but its intended recipient. Lawpath at its sole discretion can redeem or refuse promotional codes at anytime, for any reason.
13.1 If a User is unsatisfied with the Services the User has purchased, the User may notify Lawpath within 30 days of initial point of purchase and Lawpath will attempt to resolve the User’s concerns. Lawpath, at its sole discretion, may provide a refund of the fee to you, subject to you not being in breach of these Terms.
14.1 In this clause, “Confidential Information” means any documents or information created, received or obtained by the User from Lawpath. In relation to Lawpath, it also includes all non-public information pertaining to Lawpath’s business (including, without limitation, our pricing information, and any content marked confidential) is Confidential Information.
14.2 By accepting these Terms, you acknowledge and agree that you will not, prior to the termination of these Terms, or after these Terms have been terminated, use, disclose, solicit, or misappropriate any Confidential Information, trade secrets, or other proprietary information that belongs to Lawpath or any third-party, except with the prior written consent of that party or as required by law.
15.1 You may read and copy the information on the Website for your own personal requirements but you may not publish, resell, transfer or sub-licence it. Lawpath makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the information on the Website.
16.1 In this clause, “User Content” means any and all information and content that a User uploads or publishes to the Website.
16.2 Lawpath does not claim ownership of your User Content. Lawpath makes no guarantees about the User Content and Lawpath does not endorse or accept any responsibility for the User Content. You are solely responsible for your User Content. You assume all risks and liability associated with the use of the User Content, including any reliance on its accuracy or completeness.
16.3 Where you post, publish or upload User Content, you represent and warrant that your User Content does not violate any third party licenses. Further, you expressly grant Lawpath and its successors an irrevocable, non-exclusive, transferrable, sub-licensable, perpetual, royalty-free, worldwide license to broadcast, republish, up-load to a third party, transmit, post, distribute, publicly display, and otherwise use and exploit your User Content. Where the User Content contains personal information, Lawpath will use reasonable endeavours to de-identify such personal information.
16.4 Lawpath reserves the right to review, remove or amend any User Content, but Lawpath does not have the legal obligation to do so.
17.1 Lawpath works with a number of partners and affiliates whose websites are linked with Lawpath and are controlled by parties other than Lawpath (each a Third Party Website). Lawpath is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website or any changes or updates to such sites. Lawpath makes no guarantees about the content or quality of the products or services provided by such sites. If you have purchased a package that includes any Third Party Services, the third party may contact you by email and/or phone with instructions on how to access your benefits and to keep you informed of their services. You may be required to accept additional terms located on the Third Party Website.
17.2 Certain services made available on the Lawpath Website are delivered by third parties. By using any product, service, or functionality originating from the Lawpath Website, you are allowing Lawpath to share information with any third party with whom Lawpath has a pertinent contractual relationship, any information necessary to facilitate its provisions of products, services, or functionality to you.
18.1 The Website, the Services and all of the related products of Lawpath are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) (the Content) are owned or controlled for these purposes, and are reserved by Lawpath or its contributors.
18.2 Lawpath retains all rights, title and interest (including copyrights, patents and trade marks) in and to the Website, Services, products and all related content therein. Unless otherwise indicated, these Terms do not transfer to you any Lawpath or third party’s right, title, and interest in copyrights, patents and trade marks.
18.3 You may not, without the prior written permission of Lawpath and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
18.4 You acknowledge and agree that Lawpath may use your logo, branding or other trademarks (the Trademarks) for Lawpath’s marketing efforts. You grant to Lawpath a non-exclusive, non-transferable, royalty free right to use the Trademarks. If you do not wish that your Trademarks be used, you may request for a removal of your Trademarks from Lawpath’s marketing materials by contacting Lawpath at [email protected]. Upon receipt of the request, Lawpath will use reasonable endeavours to remove the Trademarks from any future marketing material which is published 30 days from the date of the request.
19.1 Lawpath endeavours to provide the Services to those with disabilities. If you believe that you are unable to access the Services, please contact us at [email protected] or call us on the telephone numbers provided on our Website.
20.1 You understand that Lawpath cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER ECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
20.2 YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH LAWPATH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LAWPATH NOR ANYONE ASSOCIATED WITH LAWPATH REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
20.3 TO THE FULLEST EXTENT PROVIDED BY LAW, LAWPATH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
20.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20.5 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LAWPATH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
20.6 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO LAWPATH FOR THE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
20.7 THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20.8 You agree to defend, indemnify, and hold harmless Lawpath, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
Termination of the Services other than Legal Plans
21.1 Either you or us may terminate these Terms or close the Member Account at any time for any reason by email. If you want to terminate these Terms, you may do so by:
a. providing Lawpath with fourteen (14) days’ notice of your intention to terminate; and
b. closing your accounts for all of the Services that you use, where Lawpath has made this option available to you; and
c. Your elected termination will be effective upon receipt of the notice of your intention to terminate by Lawpath.
21.2 Lawpath may, at any time, for any reasons, terminate your access to all or any part of the Website or Services, with or without notice.
Termination of the Legal Plans
21.3 Lawpath may terminate these Terms:
a. If you are in breach of these Terms, including but not limited to if payment is not made on the Billing Date, as described above, you will have until the one (1) month anniversary of your Billing Date to correct the credit card information on file and post a payment to your account. If after the expiration of this grace period you have not made any payment on your Legal Plan subscription, your non-payment may result in downgrade or suspension of service and subsequent termination of your Legal Plan subscription.
b. Your right to use a Legal Plan is subject to any limits established by Lawpath or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, Lawpath reserves the right, in its sole and absolute discretion, to downgrade, suspend or terminate your access and account, thereby terminating these Terms and all obligations of Lawpath hereunder. If a charge made to your credit card is declined, Lawpath may make up to five (5) attempts to bill that card over a thirty (30) day period.
c. If you wish to reactivate your Member Account after such termination, there will be no setup or reactivation fees; provided, however, accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation.
Termination by the Legal Plan Member
21.4 You may terminate or downgrade your Legal Plan by completing the cancellation form within the settings tab of your Lawpath account. After such cancellation, your Legal Plan will remain active until the end of then-applicable period. Nevertheless, downgrading does affect your ability to access the Vault Documents and the document you have created using the Website.
22.1 If a dispute arises out of or relates to these Terms, Lawpath and the Members may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
22.2 A party to these Terms claiming a dispute (the Dispute) has arisen under these Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the Notice).
22.3 On receipt of the Notice, the parties to the Dispute must within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
22.4 If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the parties to the Dispute must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Dispute Resolution Centre (as superseded) or its nominee and attend a mediation.
22.5 It is agreed that mediation will be held in Sydney, New South Wales, Australia. The parties to the Dispute may appear by audio-visual link where the mediator has capable of attending the mediation by way of audio-visual link.
22.6 The parties to the Dispute are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties to the Dispute must each pay their own costs associated with the mediation.
22.7 All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as without prejudice negotiations.
22.8 If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
22.10 In the event that the Dispute is not resolved at the conclusion of the mediation, the parties to the Dispute must refer the Dispute to the Australian Centre for International Commercial Arbitration (ACICA) and be resolved by arbitration in accordance with ACICA Arbitration Rules. The seat of arbitration will be Sydney, Australia. The language of the arbitration will be English.
22.11 The parties are equally liable for the fees and reasonable expenses of the arbitrator and the cost of the venue of the arbitration and without limited the foregoing, undertake to pay any amounts requested by the arbitrator as a pre-condition to the arbitration commencing. The parties must each pay their own costs.
22.12 Any arbitration under these terms will be on an individual basis and no class or representative actions are permitted under these terms. By agreeing to these Terms, you waive the right to a trial in a Court, and a trial by jury and waive your right to a class or representative action. Notwithstanding this clause, a party to these Terms have a right to issue legal proceedings in a court of competent jurisdiction for injunctive or equitable relief, pending a final decision by an arbitrator.
22.13 This clause 22 may be used as a complete bar to proceedings in Court, and Lawpath may rely upon the mandatory laws enacted in your State or in the United States implemented in accordance with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
23.1 These Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms and the rights created hereby will be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. These Terms will be binding to the benefit of the parties hereto and their successors and assigns.
Except as otherwise provided herein, all notices and other communications to you hereunder shall be in writing or displayed electronically in the Services. Notices to you shall be deemed to have been properly given on the date it is published or on the date first made available, if displayed in the Services; or on the date received, if delivered in any other manner. Notices to us should be sent to our account representative.
Nothing in this contract is intended to create a fiduciary relationship, partnership, joint venture, agency or employment relationship with the User.
These Terms constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
These Terms will be enforced to the fullest extent permitted by applicable law. If any part of these Terms is found to be void or unenforceable, that part shall be severed and the rest of these Terms shall remain in force.
28.1 A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.
28.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
28.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
29.1 Lawpath may assign or transfer its rights or obligations under these Terms without your consent.
29.2 You may not assign or transfer your rights or obligations under these Terms without prior written consent of Lawpath. A purported assignment without written consent will be deemed to be void and convey no rights.
You agree that any cause of action related to or arising out of your relationship with Lawpath must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
31.1 All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, confidentiality, non-solicitation, disclaimer, limitation of liability and indemnity.
31.2 When these Terms come to an end, all of the legal rights, obligations and liabilities that the User, and/or Lawpath have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
If you wish to notify us about anything relating to these Terms, please contact us at [email protected].