TERMS AND CONDITIONS
These Terms and Conditions (these “Terms”) govern your use of, and access to, the website(s) owned and operated by American Law Bureau, Inc. (together with its affiliates, “American Law Bureau”), together with any American Law Bureau web-based platform, mobile or desktop application (collectively, the “Software”) you install and/or use in connection with the services provided by American Law Bureau (the “Services”). These Terms apply to your access and use of the Software and Services, and by using the Software or Services, you agree to be bound by these Terms, as well as American Law Bureau’s https://americanlawbureau.org/privacy-policy/
If you are entering into these Terms on behalf of a legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” refer to such entity, as well as you as an individual. Further, you acknowledge that you are 18 years of age or older, or the age of legal majority in your jurisdiction. People who have not reached the age of legal majority are not allowed to use the Software or transmit or otherwise submit personal information to American Law Bureau.
1. Your Access to the Software and Services.
1.1 License. Subject to your compliance with these Terms, American Law Bureau hereby grants you a non-exclusive, non-transferable right to access and use the Software and Services for your own personal use. All rights not expressly granted to you are reserved by American Law Bureau and its licensors.
1.2 Access and Users. You will create a user account and password to use the Software and Services (the “Account”). Your license to access and use the Software and Services through your Account is only for you. You may not share an Account with any other person. You are responsible for maintaining the confidentiality of your Account password. You agree not to share your Account password with anyone, let anyone else access your Account password, or do anything else that might jeopardize the security of your Account password. You agree to notify American Law Bureau if your password is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of your password or Account, or if you learn of any other breach of security in relation to the Website. You are solely responsible for any and all activities that occur under your Account.
1.3 Legal Counsel. While the Software is designed to try to help you agree on certain key economic terms of a potential dispute settlement, the Software and the Services do not constitute legal advice and should not be relied on in any way as legal advice or services. American Law Bureau strongly recommends you consult with qualified legal counsel when attempting to negotiate a dispute resolution. Even if the terms of a dispute and settlement seem simple and straightforward, they may be more complex, and the settlement might be more nuanced than they initially appear. Competent legal counsel can help you better understand the value of a potential claim and how to settle with the other party. Even if you agree on a settlement amount through the Software, the full terms of the settlement may need to be further discussed and agreed to. Agreeing on an amount does not mean that your dispute is fully settled.
2. Your Responsibilities.
You must abide by all applicable laws, treaties and regulations in connection with your use of the Software and Services. You must not, and must not permit any third party acting under your control or at your request to:
(a) attempt to disable or circumvent any security mechanisms used by the Software or Services or otherwise attempt to gain unauthorized access to any portion or feature of the Software or Services, or any other systems or networks connected to the Software or Services, or to any American Law Bureau server, by hacking, password “mining”, or any other illegal means;
(b) decompile, reverse engineer, disassemble or otherwise attempt to reconstruct or discover the source code, underlying ideas or algorithms of any components of the Software or Services;
(c) copy, alter, modify, translate, adapt in any way, or prepare any derivative work based upon the Software or Services;
(d) rent, lease, network, loan, pledge, encumber, sublicense, sell, distribute, disclose, assign or otherwise transfer rights in or to the Software or Services except as provided in these Terms;
(e) use the Software or Services in commercial timesharing, rental or other sharing arrangements;
(f) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Software or Services;
(g) use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the Software or Services, or any transaction being conducted on or through the Software or Services, or with any other person’s use of the Software or Services;
(h) breach any security measures implemented on the Software or otherwise attempt to use the Software or Services in a way that is intended to avoid incurring fees or exceed usage limits, or interfere with or disrupt the integrity or performance of the Software or Services;
(i) track or discover any personal information on any other person who uses the Software or Services;
(j) forge headers or otherwise manipulate identifiers in order to disguise your identity, or the origin of any message or other communication that you send to American Law Bureau in connection with the Software and Services;
(k) pretend that you are, or that you represent, someone else, or impersonate any other person;
(l) use the Software or Services for any illegal purpose, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data;
(m) use the Software for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, or disclose the results of any such benchmark to any third party;
(n) send spam or otherwise duplicative or unsolicited messages;
(o) send or store infringing, lewd, pornographic, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights; or
(p) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
3. American Law Bureau’s Intellectual Property Rights.
American Law Bureau, and its licensors where applicable, own all right, title and interest, including all related intellectual or industrial property rights, in and to the Software, Services, and any suggestions, ideas, enhancement (requests), recommendations or other feedback provided by you or any other party relating to the Software and Services. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Software, Services, or the intellectual property rights owned by American Law Bureau. The American Law Bureau name, the American Law Bureau logo, and the product names associated with the Software and Services are trademarks of American Law Bureau or third parties, and no right or license is granted to use them.
4. Updates to Terms and Privacy Policy; Messages from American Law Bureau.
American Law Bureau reserves the right to modify the Privacy Policy and these Terms in its discretion from time to time. American Law Bureau may provide you with notice that these Terms are being updated, but it is ultimately your responsibility to regularly check these Terms for any updates. Any change to the Terms will be effective immediately when American Law Bureau posts the updated Terms. By providing American Law Bureau your email address you consent to American Law Bureau using the email address to send you notices, including any notices required by law, changes to the Terms, Software, Services, or Privacy Policy, and special offers from American Law Bureau or its sponsors.
5. Disclaimer of Warranties.
The Software AND Services are provided on an “as is” and “as available” basis, without warranties of any kind and the Software AND Services are accessed or used by you at your own risk and without any right to support, maintenance, updates or any other services. American Law Bureau and its licensors make no Representation, warranty, or guaranty as to the reliability, timeliness, LEGALITY, quality, suitability, availability, accuracy or completeness of any made available through the software. American Law Bureau and its licensors do not represent or warrant that (a) the use of the Software AND Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Software OR Services will meet your requirements or expectations, (c) the quality of any products, services, information, or other material purchased or obtained by you through the Software or Services will meet your requirements or expectations, (D) errors or defects will be corrected, or (E) the Software, Services, or the server(s) that make the Software and Services are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, title and non-infringement of THIRD-PARTY rights, are hereby disclaimed to the maximum extent permitted by applicable law by American Law Bureau and its licensors. The Software and Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. American Law Bureau is not responsible for any delays, delivery failures, or other damage resulting from such problems.
THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THE SOFTWARE AND SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR ERRORS AND American Law Bureau IS NOT RESPONSIBLE FOR OMISSIONS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. American Law Bureau AND/OR ITS RESPECTIVE SUPPLIERS MAY, BUT ARE NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR CHANGES IN THE INFORMATION, SERVICE(S), PRODUCT(S), AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
Email and SMS are insecure by their nature, so please keep that in mind when using the SOFTWARE AND SERVICES. This fact is beyond American Law Bureau’S control, and therefore American Law Bureau cannot be held responsible for any damages resulting from the use of the software and services.
6. Limitation of Liability.
IN NO EVENT WILL American Law Bureau AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR COSTS OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, GOODWILL, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SOFTWARE AND SERVICES AND/OR THESE TERMS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SOFTWARE AND SERVICES, OR ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION IN THE CONTENT, EVEN IF American Law Bureau AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE REASONABLY FORESEEN THEM. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.
7. Indemnification.
You must defend, indemnify and hold harmless American Law Bureau, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents from and against any and all claims, allegations, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim that you violate any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (ii) a claim arising from your breach of these Terms or any law, rule, regulation or treaty; or (iii) any other breach of these Terms.
8. Notice.
American Law Bureau may send you any notice required by these Terms or under applicable law through the Software, to your e-mail address associated with your Account, or by written communication sent by first class mail or pre-paid post to your then current mailing address in American Law Bureau’s records. Such notice will be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or immediately (if sent by email). You may give notice to American Law Bureau (such notice will be deemed given when received by American Law Bureau) at any time by any of the following: email at hello@americanlawbureau.org
9. Assignment; Change in Control.
These Terms may not be transferred or assigned by you without the prior written approval of American Law Bureau. The obligations arising from these Terms may be assigned by American Law Bureau without notice to you and without your consent. Any transfer or assignment in violation of this Section 9 is null and void. If you are a legal entity, any change in control of you that results in a direct competitor of American Law Bureau directly or indirectly owning or controlling fifty percent (50%) or more of your outstanding voting securities will entitle American Law Bureau to terminate your access to the Software and Services (or any rights delivered from either) for immediately upon notice as provided in Section 8.
10. Force Majeure.
American Law Bureau is not bound to fulfill any obligation, nor is American Law Bureau liable for any failure or delay in performing an obligation, if prevented from doing so due to any of the following causes, to the extent beyond its reasonable control: accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, power failures, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, flooding and/or earthquake, generalized lack of availability of raw materials or energy, or non-fulfillment by suppliers or vendors of American Law Bureau.
11. Termination.
American Law Bureau will not be liable to you and/or any third party for any modification, suspension, or termination of the Software and Services. The following Sections will survive the termination and/or expiration of these Terms: Section 3 (American Law Bureau’s Intellectual Property Rights); Section 5 (Disclaimer of Warranties); Section 6 (Limitation of Liability); Section 7 (Indemnification); Section 11 (Termination); and Section 12 (Governing Law and Confidential Arbitration). To terminate your Account, please visit https://americanlawbureau.org and follow the step-by-step instructions.
12. Governing Law and Confidential Arbitration.
These Terms are governed and construed in accordance with the laws of the State of California, USA without regard to conflicts of law provisions. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, must be determined by arbitration in Los Angeles, California, USA before one arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the award may be entered in any court having jurisdiction. This clause does not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The parties must maintain the confidential nature of the arbitration proceeding and any resulting award, including any hearings, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. In any arbitration arising out of or related to these Terms, the arbitrator will award to the prevailing party the costs and attorneys’ fees, including expert fees, reasonably incurred by the prevailing party in connection with the arbitration.
If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees, including expert fees, reasonably incurred by the prevailing party in connection with the arbitration.
13. Miscellaneous.
Nothing in these Terms, express or implied, confers upon any third party any legal or equitable right, benefit or remedy of any nature under or by reason of these Terms.
American Law Bureau reserves the right to release information to the proper authorities following a violation of these Terms or unlawful acts if the information is subpoenaed and/or if American Law Bureau deems it appropriate.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and American Law Bureau concerning the Software and Services. If any provision in these Terms is or becomes unlawful, invalid or unenforceable, the surviving provisions or the valid part of the invalid provision and the parties will replace that provision by one or more new provisions reflecting the purpose of the original provision as far as is possible under applicable law.
