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This Terms of Use Agreement ("Agreement") governs your use of each and every Law-on-Line Service. By using the Services, you agree to comply with this Agreement. Please read it very carefully and let us know if you have any questions. 1. Definitions. A "Law-on-Line Service" or "the Service" is one of the group of on-line services (collectively referred to as "the Services") provided and operated by Law-on-Line, Inc. ("Law-on-Line" or "We"), including the Law-on-Line Website, that provides you with the capability to sign documents, verify signatures, obtain proof of signature certificates, encrypt and decrypt documents, and such other security and informational functions without limitation as may be provided on the Law-on-Line Website. The "Law-on-Line Website" is Law-on-Line’s website, located at www.Law-on-Line.com, and the services it provides without limitation, which allows you access to the foregoing capabilities, as further defined and set forth from time to time at the Law-on-Line Website. "You" means a customer of a Law-on-Line Service and/or visitor of the Law-on-Line Website. "Signing Party" means a party who uses a Law-on-Line signature service to affix a signature. "Relying Party" means a party who uses a Law-on-Line service to verify or validate an existing signature affixed using the technology of eXtensible Key Infrastructure or to encrypt a file for use by another who will obtain access to the unencrypted information through a Law-on-Line service. "Account" means your Law-on-Line Service account, including user name and password or PIN information or digital certificate information. 2. Registration and Security. You agree that any personally identifiable information retained in connection with a signature affixed or claimed to have been generated by you may be released in connection with signature verifications or disputes about them in the sole authority and discretion of Law-on-Line. A. Usernames and Passwords or PINs. As part of the registration process, you will be provided means to choose a username and password or Personal Identification Number (PIN) and provide various other information. You are responsible for providing accurate registration information and for updating it as required, including changing your password or PIN as directed when first using the service and whenever necessary for security, whether from a real or imaginary threat of password or PIN compromise, or out of a simple precaution. Your username is also your signature name. Law-on-Line reserves the right to refuse to register a username as it in its sole discretion may determine. You may not select or use a username of another person or entity or use a username that Law-on-Line, in its sole discretion, deems confusing or inappropriate. You agree not to allow anyone else access to your username except through a derivative account established through Law-on-Line. If contacted by Law-on-Line to change the username, you agree to not unreasonably withhold consent to such a change. You are responsible for maintaining the confidentiality of your password or PIN, and agree not to share it with friends, colleagues, relatives, or any other person. B. Digital Certificates. Where you elect to use a digital certificate for authentication in connection with a Law-on-Line Service, you agree to each of the following. You will:
3. Customer Conduct. You may only use Law-on-Line Services for lawful purposes, including but not limited to only legal activities not incident to the violation of any state or federal law of the United States, and in accordance with this Agreement, including any operating rules that may be established from time to time by Law-on-Line in its sole discretion. In addition, you may not restrict or inhibit any other person from using or enjoying a Law-on-Line Service or intentionally, recklessly or negligently interfere with the continued provision of any Law-on-Line Service. 4. Changes to a Law-on-Line Service. Law-on-Line may, at any time, change or discontinue any aspect or feature of any Law-on-Line Service, including features, content, hours of availability, and equipment needed for access or use. Law-on-Line may also impose limits on certain features and services or restrict your access to parts or all of any Service without notice or liability. 5. Intellectual Property. By using a Law-on-Line Service you further agree that you will not, for yourself or any other person or entity, do or attempt any of the following:
6. Third Party Content. Neither Law-on-Line nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Under no circumstance will we be liable for any loss or damage caused by your reliance on information obtained through the Law-on-Line Services. It is your own personal responsibility to evaluate the accuracy, completeness or usefulness of any information or content available through the Law-on-Line Service. The Law-on-Line Services may contain links to other Internet sites and third-party resources. We are not responsible for either the availability of these outside resources or their content. 7.Signatures: Signing and Relying Parties. Signatures are created and verified using the technology of eXtensible Key Infrastrure(tm)("the technology") and the Law-on-Line Signature Service. By signing with this service, the Signing Party agrees that the technology will be used exclusively in the negotiation or adjudication of any and all disputes directly or indirectly related to the validity of a signature and that Signer is sufficiently aware of the workings of the technology or the sources and explanation of the technology located on the Law-on-Line website and references thereon, and warrants that this undertaking is voluntary and informed as to scope and consequences. If the signed document has been continuously stored with Law-on-Line or one of its partners from the time of signature, then Signer agrees in the event of a dispute where no file provided by a party will validate as signed, Signer will accept as authentic, original and valid for all purposes including but not limited to signature verification and/or validation the copy retained by Law-on-Line. By verifying a signature with this service, the Relying Party agrees that the technology will be used exclusively in the negotiation or adjudication of any and all disputes directly or indirectly related to the validity of a signature and that Relying Party is sufficiently aware of the workings of the technology or the sources and explanation of the technology located on the Law-on-Line website and references thereon, and warrants that this undertaking is voluntary and informed as to scope and consequences. If the signed document has been continuously stored with Law-on-Line or one of its partners from the time of signature, then Relying Party agrees in the event of a dispute where no file provided by a party will validate as signed, Relying Party will accept as authentic, original and valid for all purposes including but not limited to signature verification and/or validation the copy retained by Law-on-Line. Both Signing and Relying Party further agree respectively: Where a digital certificate is used to determine the identity of the subscriber named in the certficate, then each party agrees Law-on-Line may rely upon the certificate without any duty to confirm the certificate information, validity, suspension, revocation or other status. Each party acknowledges our right to rely on the certificate for functions provided with regard to signature verification, encryption and decryption services. Each party further agrees that beyond non-negligent processing of certificate information, Law-on-Line and its contractants do not have any responsibility for the information contained in an issued digital certificate ("Certificate") used by Law-on-Line and each agrees to look to the provider of the Certificate in the event of a dispute concerning certificate validity, expiry, revocation, practices, and all other matters concerning certificates, without limitation. Relying Party expressly acknowledges that Law-on-Line makes no investigation into the methods, practices, revocation lists or other aspects of certificate issuance and maintenance and thus no representations about the accuracy or current validity of any certificate information beyond its own Law-on-Line certificates. Law-on-Line has no control or knowledge of the practices of a user with regard to protecting the password or other access to the private key. Therefore Relying Party agrees to indemnify and hold harmless Law-on-Line from the consequences of any defect in the certificate information or practices of the certificate issuer or user, and to defend it in the event suit is brought on the basis of a certificate, its validity, or protection of a key involved with its issuance or use. 8. Encryption Services: In addition to all other provisions contained herein, users of a Law-on-Line Service for purposes of message confidentiality or notice, including CertMail agree that encryption provided through Law-on-Line, does not, unless expressly otherwise stated, include signatures or an ability to authenticate a message sender as the person who is responsible for the message content. Any attempt at identification of the message content or file is done to the best effort of Law-on-Line, Inc. within the limits of current technology. Except for demonstrations, charges for message and file storage on an Internet server shall be in addition to other charges and shall be due and payable upon demand; and files uploaded in excess of maximum limits shall be subject to surcharges, which users agree to pay upon demand. In the event of non-receipt or failed receipt, senders, principal and secondary recipients agree that recourse shall be limited to the remedy of re-sending the original communication and all users whether senders, principal or secondary recipients shall be bound by other provisions of these terms of use, including but not limited to paragraphs 10 and 11 hereof. 9. We make no guarantee that you will be entitled to any refund or that we incur any liability for any dissatisfaction with a Law-on-Line Service, regardless of reason. Each request will be considered on the basis of the circumstances in Law-on-Line's sole discretion. 10. Disclaimer of Warranty. (A) EACH LAW-ON-LINE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, ACCURACY OF DATA, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (B) WITHOUT LIMITING THE FOREGOING, NEITHER LAW-ON-LINE NOR ITS AFFILIATES, LICENSORS, OR AGENTS WARRANT THAT ANY LAW-ON-LINE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF A LAW-ON-LINE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR GOODS PROVIDED IN CONNECTION WITH A LAW-ON-LINE SERVICE. YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY, TYPICALLY THROUGH A THIRD PARTY INTERNET SERVICE PROVIDER. LAW-ON-LINE IS NOT RESPONSIBLE FOR ISSUING REFUNDS AND WILL NOT INCUR ANY LIABILTY BASED ON YOUR INABILITY TO SIGN, VERIFY, ENCRYPT, DECRYPT OR PERFORM ANY OTHER SECURITY FUNCTION. 11. Limitation of Liability. IN NO EVENT WILL LAW-ON-LINE OR ITS AFFILIATES, LICENSORS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE A LAW-ON-LINE SERVICE. YOU ACKNOWLEDGE THAT (I) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL FUNCTIONS OF EACH AND EVERY LAW-ON-LINE SERVICE; AND (II) LAW-ON-LINE IS NOT LIABLE FOR THE FAILURE OF ANY SIGNATURE, VERIFICATION, ENCRYPTION, DECRYPTION, SECURITY OR OTHER SERVICE AND THAT THE RISK OF LOSS OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 12. Indemnification. You agree to defend, indemnify and hold harmless Law-on-Line, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of a Law-on-Line Service. You agree to fully cooperate as reasonably required in the defense of any such claim. 13. Monitoring. We have the right, but not the obligation, to monitor the Law-on-Line Services (i) to determine compliance with this Agreement and any operating rules established by Law-on-Line; and (ii) to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of Law-on-Line’s licensors’ obligations. 14. Revisions to the Terms of Use. Law-on-Line shall have the right at any time to change or modify this Agreement. Such changes or modifications will be effective as soon as you are notified. You will be effectively notified if and when (i) we prominently display the revised Terms of Use Agreement on your screen while you’re using the Law-on-Line Service; (ii) we send the new agreement to you by postal mail or email; or (iii) you are notified by any other means that would make a reasonable person aware of the new Terms of Use Agreement. Your continued use of a Law-on-Line Service after notice of the new agreement constitutes your acceptance of the new agreement. 15. Termination. Either Law-on-Line or you may terminate this Agreement at any time. Without limiting the foregoing, we have the right to immediately terminate your Account in the event that you breach this Agreement. If your Account is terminated, you are and will remain responsible for all charges incurred up to the time of the termination. The provisions of Sections 1, 5, 6, 7, 8, 9, and 13 shall survive termination of this Agreement. 16. Miscellaneous. This Agreement and any operating rules for the Law-on-Line Services established by Law-on-Line constitute the entire agreement between us with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Copyright Law-on-Line, Inc. 2002 |