Terms of Service

 

Effective date:             November 28, 2016

 

Welcome to the Privātim Private Client Application.  To use this online platform, you must have a connection to the Internet and a computer or cell phone that operates on a platform like Windows or Mac.  You must also have a device that can receive an authorization code sent by email if required for security purposes.

 

Registration and Login.  You must register to use the platform.  By clicking below, you (“you” or “User”) will signify you have read and understand the terms of the User Agreement and affirm your acceptance and agreement to (i) all of the terms and conditions of the User Agreement; and (ii) the privacy policy located at Privacy Policy, which is incorporated by reference (the “Privacy Policy”).  You will then continue to a registration page.  If you do not agree to any of the terms and conditions of the User Agreement or the Privacy Policy, then please do not register to use or use this online platform and associated mobile application (collectively the “Platform”).

 

Authorized Representative.  If you are intending to register to use the Platform on behalf of a company, entity, or organization, by clicking below you represent and warrant that you are an authorized representative with authority to bind such company, entity or organization to these terms and conditions and that you are exercise such authority at this time by registering to use the Platform.

 

Terms and Conditions of Use (User Agreement)

 

This User Agreement is a contract between you and Privātim.

 

  1. User Account.

 

(A)  To use the Platform, you will need to create a User Account and provide information about yourself.  You must also provide payment information for your login privileges.  This information must be complete and accurate; you agree to provide updated information if there are any material changes in your contact information.  You agree not to provide a name, address, phone number, or email address that is not your own.

 

(B) As part of the registration process, you will select a password.  It is your responsibility to keep your password secure and private.  You agree not to share your User Account, User Name, or password with your colleagues or other third parties.  You agree to take reasonable steps to prevent the sharing of User Names and passwords among your employees.

 

(C)  You also agree to take reasonable steps to prevent the unauthorized access to and use of the Platform and the information contained on the platform by any third party.  You agree to immediately arrange for the deactivation of User Names for terminated employees effective on the date of termination.

 

  1. Restricted License; User Restrictions. At the time you register, you shall receive a non-exclusive, non-transferable, restricted license (without the right to sublicense) to use the Privātim Private Client Application.  You agree that you will not use, and will not assist or enable others to use, the Privātim Private Client Application:

 

  1. in violation of any term or condition of this User Agreement;
  2. for promotional or commercial purposes;

or to

  1. threaten or harass the Law Firm or any attorney or staff member;
  2. violate any third-party right, including, by way of example, any copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, privacy right, or breach of confidence or trust;
  3. attempt to obtain unauthorized access to the Platform or other computer systems or networks connected to the Platform through any means, such as hacking or cracking passwords or security encryption codes;
  4. obtain or attempt to obtain information about other users;
  5. transmit any computer viruses, worms, defects, Trojan horses, or other destructive media;
  6. disrupt or interfere with the security of data on the platform;
  7. transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether or not commercial in nature, or to transmit pornography or scandalous or illegal content;
  8. reproduce, distribute, translate, adapt, or otherwise sell, trade, or exploit the   Platform;
  9. reverse engineer any part of the Platform; or
  10. use any device, software, or routine that interferes with the proper working of the Platform, or otherwise attempt to interfere with the proper working of the platform.

 

  1. Fees; Payment of Fees. Access to the Platform is contingent upon payment of a monthly fee.  As part of the registration process, you agree to pay the applicable monthly fees for your login(s) by credit card charge or authorized ACH draft on your bank account.  Your consent to charge your card or draft your bank account is evidenced by your providing your credit card or bank account information on your User Account.  The fees may be updated from time to time by revisions to the pricing stated above, or by online announcements, User bulletins, email notifications and/or advisements in the Law Firm’s invoices.  Any pricing discounts may be discontinued at any time.

 

  1. No Warranties. Privātim , and its affiliates, attorneys, agents, and other representatives, disclaim all warranties or representations of any kind, whether express, statutory, or implied, to the maximum extent permitted by applicable law, regarding (a) the operation and functionality of the Platform, and (b) the accuracy, completeness, or integrity of any information contributed to the Platform by any user not employed by Privātim , including (c) any express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, title, non-infringement, durability, and fitness for a particular purpose.  Some jurisdictions may not allow for all of the foregoing limitations on warranties, so to that extent, some or all of the above limitations may not apply to you.  Paragraph 7 (Limitation of Liability) states your sole and exclusive remedy against Privātim with respect to any defects, non-conformance, or dissatisfaction.

 

  1. Limitation of Liability. While Privātim will take all reasonable steps to ensure your data is archived and backed up in accordance with data retention best practices, Privātim  and its affiliates, attorneys, agents, and other representatives are not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with your use of the Platform and the information and content thereon, including, but not limited to, such things as delays or disruptions in the Platform; loss or damage to your computer from viruses or malicious software that may be downloaded to your computer in the course of using the Platform; glitches, bugs, or errors in the Platform; and any other problems or actions.  This includes: (a) indirect, special, incidental, punitive, exemplary, reliance, or consequential damage, (b) loss of profits, (c) business interruption, (d) loss of or damage to reputation, and (e) loss of information or data.  Your use of the Platform is at your own discretion and risk.  You will be solely responsible for any resulting loss or damage, and you agree to maintain business insurance sufficient to compensate you for any such loss or damage.  You agree that the above limitations of liability apply to you to the fullest extent permitted under applicable law.  You also agree that the maximum aggregate liability that Privātim has to you for any causes or reasons whatsoever is limited to the greater of (I) the amount you paid, if any, to either of them in connection with the Platform in the 12 months prior to the action giving rise to liability, or (ii) $100.00.

 

  1. Release.  User releases Privātim from any and all legal claims arising out of or relating to use of the Platform.

 

  1. Indemnification. You agree to indemnify and hold Privātim and its directors, officers, employees, agents, attorneys, and representatives from any damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of this User Agreement or otherwise from your use of Services, including any subpoena or court order for the production of records.

 

  1. Term and Termination. This User Agreement shall be effective during the entire time that you have an active login for the Platform.  Privātim reserves the right to disable your access to the Platform at any time for non-payment of the subscription fees, breach of this User Agreement, a change in policy, or for any other reason or for no reason, and without notice or liability.

 

  1. Governing Law. This User Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without effect to conflict of law principles.  Any arbitration or other action arising under this User Agreement shall be brought within the jurisdiction and venue of the state courts of Denver or Arapahoe County, Colorado.

 

  1. Entire Agreement. This User Agreement as it may be amended from time to time sets forth the entire understanding of the user (you) and Privātim with respect to registration for and use of the Platform.  It supersedes all prior and contemporaneous arrangements, representations, and understandings, whether oral or written, by any employee or other representative of either party.  You agree that Privātim is not bound by any term not contained in this Agreement.

 

  1. Amendment of User Agreement. Privātim may, in its sole discretion, modify or revise the license being granted herein, change pricing, or change the terms of this User Agreement at any time, and you agree to be bound by such modifications or revisions.  Privātim may attempt to notify you when major changes are made to this User Agreement by online announcements, User bulletins, email notifications, and/or other means.  You should periodically review the most up-to-date version of this User Agreement.  Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits.

 

If you accept these terms and conditions, [click here] to indicate your agreement and continue to the registration page.  By clicking to accept the User Agreement, you are deemed to have executed the Agreement electronically, effective on the date you register your Account, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act), 15. U.S.C. § 7001 et seq.