Terms of Use
Terms and Conditions for use of the RealDealDocs.com? Services
Effective: July 1, 2007. Updated: July 20, 2010
By using our online services (the "Service"), you are agreeing to comply with and
be bound by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not use the Service. The
terms "RealPractice, Inc.," "RealPractice," "us," or "our"
refers to RealPractice, Inc. The term "you" refers to the user or viewer
of our Service.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our Service. This Agreement constitutes the entire
and only agreement between RealPractice and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings
with respect to the Service, the content, products or services provided by or
through the Service, and the subject matter of this Agreement. This Agreement
may be amended at any time by RealPractice without specific notice to you. The latest
Agreement will be posted on the Service, and you should review this Agreement
prior to using the Service.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Service are protected under
applicable copyrights, trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution, use or publication by
you of any such matters or any part of the Service, except as allowed by Section
4 below, is strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Service. The posting of
information or materials on the Service does not constitute a waiver of any right
in such information and materials. Some of the content on the site is the
copyrighted work of third parties.
3. Trademarks and Service Marks.
RealDealDocs is a registered trademark of RealPractice, Inc. The
RealDealDocs logo and RealDealDocs.com are trademarks or service marks of
RealPractice, Inc. The RealDealDocs Web site, including but not limited
to its graphics, logos, page headers, button icons, scripts and service names
constitute trade dress of RealPractice, Inc. The trademarks, service
marks and trade dress of RealDealDocs may not be used or reproduced without
prior written approval from RealPractice, Inc. and may not be used in
connection with any product or service that is not affiliated with RealDealDocs, in
any manner that is likely to cause confusion among customers, in any manner
that dilutes the rights of RealDealDocs, or in any manner that disparages or
discredits RealDealDocs. Other trademarks that appear on the RealDealDocs
Web site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by RealDealDocs. Any images of
persons or personalities contained on the RealDealDocs Web site are not an
indication or endorsement of RealDealDocs or any particular product or our
service unless otherwise indicated.
4. Access to the Service
RealDealDocs is an online subscription service providing its members with
access to a comprehensive library of legal documents and clauses. We offer a
variety of subscription plans at varying price levels, including special promotional
plans or subscriptions with limitations.
You are granted a non-exclusive, non-transferable, revocable license (a) to
access and use the Service strictly in accordance with this Agreement; (b) to use
the Service solely for internal, non-commercial purposes; and (c) to print out
discrete information from the Service solely for internal, non-commercial
purposes and provided that you maintain all copyright and other policies
contained therein. Only individuals authorized by the subscribing organization
may access and use the Service. You may not use login credentials to access
the Service from outside the country for which it was issued. Your login
credentials may be restricted from accessing certain materials otherwise
available in the Service. Materials and features may be added to or withdrawn
from the Service or otherwise changed without notice.
a. Restrictions: Your license for access and use of the Service and any
information, materials or documents (collectively defined as "Content and
Materials") therein are subject to the following restrictions and prohibitions
on use: You may not (a) copy, print (except for the express limited
purpose permitted by Section 5 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available in any form or
by any means all or any portion of the Service or any Content and
Materials retrieved from it; (b) use the Service or any materials obtained
from the Service to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar
resource (in any media now existing or hereafter developed), that is
offered for commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of any Content
and Materials from the Service except as permitted in this Section 4; (d)
use any Content and Materials from the Service in any manner that may
infringe any copyright, intellectual property right, proprietary right, or
property right of RealPractice or any third parties; (e) remove, change or obscure
any copyright notice or other proprietary notice or terms of use contained
in the Service; (f) make any portion of the Service available through any
timesharing system, service bureau, the Internet or any other technology
now existing or developed in the future; (g) remove, decompile,
disassemble or reverse engineer any Service software or use any network
monitoring or discovery software to determine the Service architecture; (h)
use any automatic or manual process to harvest information from the
Service; (i) use the Service for the purpose of gathering information for or
transmitting (1) unsolicited commercial email; (2) email that makes use of
headers, invalid or nonexistent domain names, or other means of
deceptive addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Service in a manner that violates any state or
federal law regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Service or any portion thereof,
or any software available on or through the Service, in violation of the
export control laws or regulations of the United States.
b. Monitoring: RealPractice, Inc. reserves the right to monitor
your use of the Content to ensure compliance with this Agreement. If
RealPractice, Inc., in its discretion, determines you are not in
compliance with this Agreement, RealPractice, Inc. reserves the
right to take such action as it deems necessary, including, but not limited
to:
i) Assessing additional charges for users in excess of the number
authorized;
ii) Suspension of the account; or
iii) Termination of the account.
Such monitoring may include determining whether or not the Content is
accessed under the account from multiple IP addresses, as well as
noting excessive use or users. Systematic access or excessive
extraction of content from the Service, including, without limitation, the
use of "bots" or "spiders", is prohibited. RealPractice, Inc.
does not disclose any information regarding its proprietary monitoring
methods or policies.
5. Privacy
Any information submitted on the RealDealDocs Web site is subject to our
Privacy Policy, the terms of which are incorporated herein. Please review our
Privacy Policy to understand our practices. The date of any changes to our
Privacy Policy will be noted at the bottom of our Privacy Policy.
6. Membership and Billing
You can find the specific details regarding your subscription with RealDealDocs
at anytime by logging into your Account via the link located at the top of the
pages of the RealDealDocs Web site.
a. Billing. By using the RealDealDocs Premium Membership service, you
are expressly agreeing that we are permitted to bill you a periodic
subscription fee, any applicable tax and any other charges you may incur
in connection with your use of the RealDealDocs service. As used in these
Terms of Use, "billing" shall indicate either a charge or debit, as
applicable, against your Payment Method, including a checking account,
where applicable. The subscription fee will be billed at the beginning of
your subscription and on each renewal thereafter unless and until you
cancel your membership. We will automatically bill your Payment Method
each period on the calendar day corresponding to the commencement of
your membership. In the event your membership began on a day not
contained in a given month, we will bill your Payment Method on the last
day of such month. For example, if you became a paying member on
January 31st, your Payment Method would next be billed on February
28th.
All fees and charges are nonrefundable and there are no refunds or
credits for partially used periods. We may change the fees and charges in
effect, or add new fees and charges from time to time, but we will give you
advance notice of these changes by e-mail. If you want to use a different
Payment Method or if there is a change in your credit card validity or
expiration date, you may edit your Payment Method information by logging
your account at the top of the pages of the RealDealDocs Web site.
If your Payment Method reaches its expiration date, your continued use of
the service constitutes your authorization for us to continue billing that
Payment Method and you remain responsible for any uncollected
amounts.
b. Cancellation. You may cancel your subscription to RealDealDocs at
anytime, and cancellation will be effective immediately. WE DO NOT
PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH
SUBSCRIPTION PERIODS. To cancel, simply email
support@RealDealDocs.com, and include your username. We reserve
the right to terminate your account for any or no reason.
7. Account Access; Identity Protection
In order to provide you with ease of access to your account, RealDealDocs will
place a cookie (a small text file) on any computer from which you access the
RealDealDocs Web site. When you revisit the RealDealDocs web site, this
cookie will enable us to recognize you as the account holder and provide you
with direct access to your account without requiring you to retype any password
or other user identification. You are responsible for updating and maintaining the
truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer or mobile device. If you
disclose your password to anyone or share your account with other people, you
take full responsibility for their actions. Users of public or shared computers or
unprotected mobile devices should log out at the completion of each visit to the
RealDealDocs Web site.
If you find that you're a victim of identity theft and it involves a RealDealDocs
account, you should notify customer service. Then, you should report this
instance to all your credit card issuers, as well as your local law enforcement
agency. RealDealDocs reserves the right to place any account on hold anytime
with or without notification to the subscriber in order to protect itself and its
partners from what it believes to be fraudulent activity. RealDealDocs is not
obligated to credit or discount a membership for holds placed on the account by
either a representative of RealDealDocs or by the automated processes of
RealDealDocs.
8. Forms, Agreements & Documents.
We may make available through the Service or through other Web sites sample
and actual forms, checklists, business documents and legal documents
(collectively, "Documents"). All Documents are provided on a non-exclusive
license basis only for non-commercial purposes, without any right to re-license,
sublicense, distribute, assign or transfer such license. Documents are provided
for a charge and without any representations or warranties, express or implied,
as to their suitability, legal effect, completeness, currentness, accuracy, and/or
appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS", "AS
AVAILABLE", AND WITH "ALL FAULTS", AND WE AND ANY PROVIDER OF
THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. The Documents may be inappropriate for your
particular circumstances. Furthermore, state laws may require different or
additional provisions to ensure the desired result. You should consult with legal
counsel to determine the appropriate legal or business documents necessary for
your particular transactions, as the Documents are only samples and may not be
applicable to a particular situation. Some Documents are public domain forms or
available from public records.
9. RSS Feeds
We offer RSS feeds as a convenient way to pass information about your
RealDealDocs account or that is publicly available on the RealDealDocs site to
your RSS reader or an RSS-associated website of your choice. RSS stands for
Really Simple Syndication. It allows information to be published in a standard
XML format that can be accessed via a URL. By using the RealDealDocs RSS
feeds you acknowledge and agree to the following: (i) if you use the personalized
RSS feeds relating to your own RealDealDocs account, you are consenting to
the information about your account being transferred to the location of the RSS
feed as enabled by you; (ii) while RealDealDocs will not pass personally
identifying information in the feed, your use may cause such information to be
associated with you (it is your responsibility to handle the feed and your personal
information associated with it as you deem appropriate); (iii) you shall not modify
the feeds in any way, including the associated attribution to RealDealDocs; (iv)
use of the RealDealDocs RSS feeds is for your personal, non-commercial use
and is at your own option and risk. RealDealDocs makes no representation or
warranty regarding its RSS feeds and reserves the right to modify or terminate
the feeds at any time without notice.
10. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Service is not intended
to and does not constitute legal advice, recommendations, mediation or
counseling under any circumstance and no attorney-client relationship is formed.
We do not warrant or guarantee the accurateness, completeness, adequacy or
currency of the information contained in or linked to the Service. Your use of
information on the Service or materials linked to the Service is entirely at your
own risk. We are not a law firm and the Service is not a lawyer referral service.
11. Registration.
Certain sections of, or offerings from, the Service may require you to register. If
registration is requested, you agree to provide RealPractice with accurate, complete
registration information. Your registration must be done using your real name and
accurate information. Each registration is for your personal use only. We do not
permit (a) any other person using the registered sections under your name; or (b)
access through a single name being made available to multiple users on a
network. You are responsible for preventing such unauthorized use.
12. Third Party Content.
Third party content may appear on the Service or may be accessible via links
from the Service. We are not responsible for and assume no liability for any
mistakes, misstatements of law, defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements, opinions, representations or any
other form of content on the Service. You understand that the information and
opinions in the third party content represent solely the thoughts of the author and
is neither endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or
appropriate to such persons or entities relating to your profile, email addresses,
usage history, posted materials, IP addresses and traffic information.
14. Indemnification.
You agree to indemnify, defend and hold RealPractice and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party suppliers
of information and documents, attorneys, advertisers, product and service
providers, and affiliates (collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorney's fees, related to
your violation of this Agreement or use of the Service.
15. Nontransferable.
Your right to use the Service is not transferable or assignable. Any password or
right given to you to obtain information or documents is not transferable or
assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH
THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS",
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 18(b). IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
REALPRACTICE AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS
AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM REALPRACTICE THROUGH THE SITE OR
OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A
FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
a. We and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors in
or omissions from the Service or any services or products obtainable
therefrom, (b) the unavailability or interruption of the Service or any
features thereof, (c) your use of the Service, (d) the content contained on
the Service, or (e) any delay or failure in performance beyond the control
of a Covered Party.
b. THE AGGREGATE LIABILITY OF REALPRACTICE AND THE AFFILIATED PARTIES
IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING
TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY
SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT
DAMAGES AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER
REMEDIES WHICH YOU MAY HAVE AGAINST REALPRACTICE AND ANY
AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize RealPractice, to the use and assignment of all
information regarding Service uses by you and all information provided by you in
any manner consistent with our Privacy Policy. All remarks, suggestions, ideas,
graphics, or other information communicated by you to RealPractice (collectively, a
"Submission") will forever be our property. We will not be required to treat any
Submission as confidential, and will not be liable for any ideas (including without
limitation, product, service or advertising ideas) and will not incur any liability as a
result of any similarities that may appear in our future products, services or
operations. Without limitation, we will have exclusive ownership of all present and
future existing rights to the Submission of every kind and nature everywhere. We
will be entitled to use the Submission for any commercial or other purpose
whatsoever, without compensation to you or any other person sending the
Submission. You acknowledge that you are responsible for whatever material
you submit, and you, not RealPractice, have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or services.
You understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. You agree that use of or
purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY REALPRACTICE, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not responsible
for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
21. Securities Laws.
The Service may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand for our
products or services, as well as our intentions, plans and objectives (particularly
with respect to product and service offerings), that are forward-looking
statements. These statements are based upon a number of assumptions and
estimates which are subject to significant uncertainties, many of which are
beyond our control. When used on our Service, words like "anticipates,"
"expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar
expressions are intended to identify forward-looking statements designed to fall
within securities law safe harbors for forward-looking statements. The Service
and the information contained herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the information contained herein is
intended to be, and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
22. Links to other Web Sites.
The Service contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web sites are
not investigated, monitored or checked for accuracy or completeness by RealPractice.
Inclusion of any linked Web site on our Service does not imply approval or
endorsement of the linked Web site by RealPractice. If you decide to leave our Service
and access these third-party sites, you do so at your own risk.
23. Copyrights.
Except as specifically provided herein, you may not use the Service or any
materials retrieved from the Service in any fashion that infringes the copyrights or
proprietary interests therein. You may not remove or obscure the copyright notice
or other notices contained in materials retrieved from the Service.
24. Information and Press Releases.
The Service may contain information and press releases about RealPractice. We disclaim
any duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press release or
otherwise, should not be relied upon as being provided or endorsed by RealPractice.
25. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Service and the Content
and Materials provided therein.
26. Miscellaneous.
These Terms of Use may be changed from time to time as described
below or by written agreement. Charges and payment terms may be changed in
accordance with your applicable price schedule; all other provisions may be
changed by RealPractice immediately upon notice. Continued use of the Service following
any change constitutes acceptance of the change. RealPractice may suspend or
discontinue providing the Service to you without notice and pursue any other
remedy legally available to it if you fail to comply with any of your obligations
hereunder.
Except as otherwise provided herein, all notices and other communications
hereunder shall be in writing or displayed electronically in the Service by RealPractice.
Notices shall be deemed to have been properly given on the date deposited in
the U.S. mails, if mailed; on the date first made available, if displayed in the
Service; or on the date received, if delivered in any other manner.
The subscribing organization or individual may not assign its rights or delegate its
duties under the subscription to access the Service without the prior written
consent of RealPractice.
This Agreement shall be treated as though it were executed and performed in
Santa Ana, California, and shall be governed by and construed in accordance
with the laws of the State of California (without regard to conflict of law
principles). Any cause of action by you with respect to the Service (and/or any
information, Documents, products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations set forth in Section 15 and
Section 16. The language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against any party. This Agreement and all
incorporated agreements and your information may be automatically assigned by
RealPractice in our sole discretion to a third party in the event of an acquisition, sale or
merger. Should any part of this Agreement be held invalid or unenforceable, that
portion shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent that anything in or
associated with the Service is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to
enforce such provision. Our rights under this Agreement shall survive any
termination of this Agreement.
27. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or
our services, excluding legal action taken by RealPractice to collect or recover damages
for, or obtain any injunction relating to, Service operations, intellectual property,
and our services, shall be settled solely by binding arbitration in accordance with
the commercial arbitration rules of JAMS. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration shall be
conducted in Santa Ana, California, and judgment on the arbitration award may
be entered into any court having jurisdiction thereof. Either you or RealPractice may seek
any interim or preliminary relief from a court of competent jurisdiction in Santa
Ana, California necessary to protect the rights or property of you and RealPractice
pending the completion of arbitration. Each party shall bear one-half of the
arbitration fees and costs incurred through JAMS.