Last Updated: 08/20/2017
Lolly Law Service Agreement
Before registering with Lolly Law, you (“User”) must read and agree to this Terms of Service. By using the Lolly Law services (the “Service”), User agrees to these Terms of Service and agrees that it is enforceable as if it were a written negotiated agreement signed by Lolly Law (“Leve, LLC”) and User.
I. Description of Service
Lolly Law is a web-based case management application from Leve, LLC. The service is provided on an AS IS and AS AVAILABLE basis. There are no guarantees as to the outcome of cases or legal work performed despite the use of the Service. Leve, LLC reserves the right to refuse or discontinue service to anyone at anytime without notice for any reason. All users who access the Service agree to abide by the terms as set forth in this agreement.
A. User must be at least thirteen (13) years old to use this Service.
B. A valid credit card is required for use of the Service after the end of any trial period and will be billed on a month-to-month basis.
C. Internet access, by User, is required to utilize Service.
III. User Rights & Responsibilities
A. All data entered into Service under User’s account is the exclusive property of User. Data that uploaded or entered into an account is treated as strictly confidential, and will not be used or disclosed to anyone, except as set forth in this Agreement. User grants Leve, LLC access and use of such information: (a) to address technical problems or handle support issues; (b) for any use with User’s consent; or (c) as may be required to comply with applicable law. User data entered into account is treated as confidential; access to such data is subject to the terms of this Agreement. Leve, LLC claims no ownership rights (by express or implied lien, operation of law, or otherwise) in any data that uploaded to account. However, User’s access and availability to the data is subject to the terms and conditions contained in this Agreement.
B. User is responsible for: maintaining the confidentiality of User’s Service login password; the accuracy of data entered and data uploaded; all activities that occur under User’s account; fulfilling with the terms of payment; internet access allowing use of Service; maintaining local hardware; protection against any viruses, malware, or security threats at User’s site; and all other duties as established by this Terms of Service agreement.
C. User may cancel account at any time by selecting the “Cancel Subscription” button under Settings->Payment. This is the only means by which User may elect to cancel account. There is no fee to cancel account. Upon termination of an account, User is entitled to the data entered in User’s account. Upon written request by User, Leve, LLC will provide user within a reasonable time after receiving such request, the data entered in User’s account. The means and method in providing User with the data shall be at the sole discretion of Leve, LLC.
IV. Leve, LLC Rights & Responsibilities
A. Leve, LLC owns all rights, title, and interest in and to Service, including all intellectual property rights. User agrees to not copy, reproduce, alter, modify or create derivative works from Service. Reproduction, alteration, and publication of anything related to Service is unauthorized without prior written consent Leve, LLC.
B. Leve, LLC reserves the right to make updates to Service as needed. If for any reason an update alters the software in such a way as to warrant communication with User, such communication will be sent via email notification.
C. In providing support to User, Leve, LLC reserves the right to request sufficient evidence to establish a requestor’s authorization and access to User’s account prior to offering support or discussing User’s information.
C. Leve, LLC may at any time and for any reason suspend or terminate User’s access to Service and this Agreement. In the event of termination, User’s account will be disabled, preventing access to account and any content therein by User. Once terminated, a User’s account and content is subject to deletion. Upon termination, a reasonable period of time will be provided to User to reactivate account or submit a written request to recover content data.
V. Trial Period
Users may be granted a trial period of a set duration. Leve, LLC reserves the right to modify or revoke access to features or the duration of this trial period at any time and without notice. Upon expiration or termination of the trial, the user or organization will no longer have access to Lolly Law unless they activate a subscription. The trial period is assigned to an individual user or organization and not to a particular email address. The trial period is not transferrable or re-assignable. The trial period is not intended to be assigned on a per email basis by which a single user may extend or replicate access to the service beyond the trial period. Individuals or organizations who access the service beyond their initial trial period, either by creating new accounts or other means, agree to the payment terms of this service and agree to be invoiced at the full subscription rate per user and servicing costs. The user or organization may end their trial at any time by either activating their account or choosing to end trial.
VI. Payment Terms
A. The term of subscription begins on the date User activates account and runs on a month-to-month basis (“Subscription”). Subscription fees are due prior to use of Service on a monthly basis. If timely payment is not received, User’s access to account may be suspended and terminated.
B. By providing payment information, User expressly authorizes Leve, LLC to charge all fees incurred in connection with account. These fees are based on the number of active users and will be charged monthly. If additional users are added to account mid-month, a pro-rated charge will be made on User’s account. All fees are exclusive of any taxes or duties imposed by governing authorities. Fees include a $0.25 credit card security and validation charge that will be applied the first time any new credit card is applied to the account. User is responsible for payment of any such taxes or duties.
C. User may cancel anytime by disabling account via Service’s account settings. There are no pro-rated credits or refunds for cancellations that occur during a partial month cycle. There are no refunds or credits for partial months of service, mid-month inactivation of users, or for any unused time with an open account.
D. Payments for use of Service is processed through third-party providers. User authorizes the sharing of any credit card and related billing information with third-party providers for payment processing. Leve, LLC does not assume any responsibility for any use or disclosure by any such third-party provider.
VII. Restricted Actions
Service is not be used for: (a) any independent licensing, sublicensing, renting, leasing, or other kind of resale; (b) any distribution of “spam”; (c) sending, storing or uploading any obscene, unlawful or infringing material, or violating anyone’s rights; (d) sending, storing, or uploading any malicious code, viruses, or the like, or doing anything that disrupts the performance of the application generally; (e) impersonating anyone, including Leve, LLC personnel; (f) providing support or resources to organizations designated by the United States government as terrorist organizations; (g) attempting to gain unauthorized access to our servers or customers; or (h) any unlawful activity or prohibited use. Service is not to be accessed in any way other than authorized login interface.
VIII. Liability Limitations
A. Leve, LLC makes no warranties or representations of any kind with respect to Service, either express or implied, including any warranties of merchantability, fitness for a particular purpose, or non-infringement, each of which is hereby expressly disclaimed.
B. Leve, LLC is not liable for any damages arising from Users use of Service. In the even User suffers damages from use of Service, the exclusive remedy with respect to Service shall be to discontinue and terminate use accordance with the proper cancellation of account procedures mentioned in this agreement. Service may provide functionality that facilitates access to other third party applications or services, such as synchronization with Google® calendar and others. Leve, LLC does not assume any responsibility for the operation or support of such applications, the terms and conditions for use of those services are set by their respective providers.
Leve, LLC may assign rights or delegate duties without User’s consent so long as such action does not have an adverse effect on the functionality of User’s account; Conversely, User may not assign any rights without prior written consent from Leve, LLC.
You agree to indemnify, hold harmless, and defend Leve, LLC against any claims and expenses, including attorneys fees, arising from Users use of the Service.
XI. Response to Legal Process
In the event we are served with a legal request to produce or disclose any account data (such as via subpoena or court order) we will comply with local laws and make reasonable attempt to notify the affected Account with notice of the disclosure request so as to provide such users with the opportunity to promptly intervene, unless we are specifically prohibited from doing so by law. We reserve the right to take any action that is necessary to comply with law, to protect our rights, or to protect the rights of our other subscribers.
A. This Agreement shall be interpreted and construed in accordance with the laws of the State of Idaho. Any dispute arising out of, or relating to, this Agreement that has not been resolved after a reasonable attempt by the parties, and which does not directly relate to the: (a) enforcement of our intellectual property rights; or (b) claim for injunctive relief shall be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitration shall be conducted in Boise, Idaho, unless otherwise mutually agreed. Any action outside of the scope of arbitration shall be brought exclusively in courts situated in Boise, Idaho, and you consent to the exclusive jurisdiction of such courts. It is agreed that the prevailing party in any litigation or arbitration shall be entitled to recover reasonable legal fees, costs and disbursements from the non-prevailing party.
B. Lolly Law may modify this Agreement from time to time and such modification shall be automatically effective upon posting in the application or on the company website at Lolly Law.com. Continued use of the service after the posting of a revised Agreement constitutes your acceptance of the revised Agreement.
C. This Agreement constitutes the entire agreement between the parties regarding the subject matter contained herein and supersedes all prior and contemporaneous undertakings and agreements, whether written or oral. In the event that any provision of this Agreement is held illegal, void or ineffective, the remaining portions will remain in full force and effect. The failure of Leve, LLC to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision.
D. The Lolly Law application is controlled, operated and administered by Lolly Law from its offices within the United States of America. Data used in connection with the application, and the application itself, is hosted on servers physically located in the United States. We make no representation that the application is appropriate or available for use at other locations outside the United States. If you access the application from a location outside the United States you are responsible for compliance with all applicable local laws, including, but not limited to, the export and import regulations of other countries. You agree that use of Lolly Law is subject to the United States Export Administration Laws and Regulations.
If you have any questions regarding this Terms of Service you may contact Lolly Law (“Leve, LLC”) at firstname.lastname@example.org.