Website Builder Terms of Use

1. ACCEPTANCE OF TERMS
Welcome to The Court Buddy Company, Inc. dba LawChamps’ (“LawChamps,” “Us” or “We”) Website Builder Service (the "Service"). Your use of the Service is subject to these Terms of Use ("Terms"). These Terms will also be applicable to your use of the Service on a beta or trial basis. By using the Service, you signify your acceptance of these Terms. If you do not agree to these Terms, do not use the Service.

2. DESCRIPTION OF SERVICE
Our Service allows users who register for a Website Builder account (each an "Account Holder") to create a website from a template provided by Us. Once registered, each Account Holder receives a website template to populate with Content, and each Account Holder may populate and/or update Content on the website through a Content Submission Form provided by Us. Once the Account Holder decides to “go live” with the website, a domain name will be given the Account Holder and a monthly hosting fee will be assessed by Us. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. Any new features on the Service, including the release of new tools and resources, shall be subject to these Terms.

3. REGISTRATION
To register as an Account Holder, you must provide us with a valid email address and other requested information ("Registration Data"). You will choose a password and account designation for your website during the registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.

4. CANCELLATION AND TERMINATION
If you cancel the Service before you have “gone live” with your website (i.e., while the website is in development or beta), your cancellation will take effect immediately; you will no longer have access to your website and we may delete all information on your website. We accept no liability for such deleted information or Content. If you cancel the Service after you have “gone live” with your website, your monthly hosting fees will terminate at the end of that calendar month. You may also elect to pay an additional one-time transfer fee at the time of cancelation, upon receipt of which we will transfer a file with your website Content to you. The website template, including but not limited to the trade dress, stock images used, and anything associated with the “look and feel” of the website template, will remain the property of LawChamps and will not be transferred, even upon receipt of a transfer fee. If you do not elect to pay the one-time transfer fee, We may delete all information on your website. We accept no liability for such deleted information or Content. Moreover, We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted.

5. PRIVACY POLICY & ADDITIONAL TERMS OF USE
How We collect, protect and use your personal information are contained in our Privacy Policy, which is part of these Terms. Our agreement governing our interactions with attorney users of our site and services are contained in our Terms of Use: Attorney Users, which is also part of these Terms.

6. WEBSITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account and website, for all activities that occur or actions taken under the account or in connection with the website. You agree to immediately notify Us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will We be liable, in any way, for any or your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.

7. YOUR RIGHTS IN YOUR WEBSITE CONTENT
We do not claim ownership of your Content, but you give Us your permission to host your Content on the Service. This permission exists only for as long as you continue to use the Service or remain an Account Holder.

8. WEBSITE CONTENT AND CONDUCT RULES AND OBLIGATIONS
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service ("Content") are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by Us as part of our templates.

You remain solely responsible for exercising your independent professional judgment and ensuring that you and your law firm comply with any and all applicable ABA rules, state bar rules and/or applicable ethics rules (e.g., the Rules of Professional Conduct), including but not limited to rules related to communications concerning a lawyer’s services, areas of practice and specialization, and/or limitations on attorney advertising, marketing, and solicitation. Moreover, you acknowledge and agree that we may preserve your Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; and/or protect our rights, property, or personal safety and those of our users and the public.

You agree that you will not make use of the Service or post any Content that:

(a) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
(c) is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
(d) contains others’ copyrighted content and/or content in which others have intellectual property rights (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining express written permission first;
(e) contains video, audio, photographs, or identifying images of another person without his or her express written permission; however, in no case shall you post on the Site, transmit to other users, or communicate any content (or links thereto) containing any information, video, audio, photographs, or identifying images referring or relating to anyone under 18;
(f) promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
(g) intended to defraud, swindle or deceive other users of the Services;
(h) contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
(i) promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
(j) disseminates another person's personal information without his or her permission, disseminates personal information referring or relating to anyone under 18, and/or collects or solicits another person's personal information for commercial or unlawful purposes;
(k) is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
(l) impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
(m) solicits gambling or engages in any gambling or similar activity;
(n) uses scripts, bots or other automated technology to access the Site or Services;
(o) uses the Site or Services for chain letter, junk mail or spam emails;
(p) collects, solicits, uses or reveals data or information about anyone under 18; or
(q) is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.

We retain the right to terminate any account or user who has violated any of the above prohibitions.

9. LAWCHAMPS PROPRIETARY RIGHTS
You acknowledge and agree that the Site and Service, and any and all tools used in connection with the Site and Service, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further specifically acknowledge and agree that Content contained on our Site, our intake or submission forms, and/or our website templates, or in information presented to you through the Site and Service is protected by copyrights, trademarks, trade dress, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site and Service, in whole or in part. We do not want to receive confidential or proprietary information from you through the Site or Service, or via email. Unless otherwise agreed in writing by an authorized LawChamps representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to your Content for your website (as defined herein), or to personal information that is subject to our Privacy Policy.

10. OFFERING PROFESSIONAL SERVICES THROUGH YOUR WEBSITE
Our Service offers you the opportunity to offer services, information, and materials through a website hosted or designed by Us (such services, information, and materials are collectively referenced as “Professional Services”). We are merely providing the platform for you to become known to potential clients and other professionals, negotiate and complete transactions for Professional Services if you, in your professional judgment, deem such transactions appropriate. LAWCHAMPS IS NOT A LAWYER, LAW FIRM, OR LEGAL SERVICES PROVIDER AND WILL NOT INFLUENCE OR INTERFERE IN ANY MANNER WITH AN ATTORNEY’S INDEPENDENT PROFESSIONAL JUDGMENT. You retain the right and responsibility to exercise your own independent professional judgment regarding the Content you post on your website, any legal engagements you undertake and the legal services you provide, including but not limited to whether to accept a client, undertake an engagement, and/or how to handle any and all engagements. You are solely responsible for establishing and maintaining any attorney-client relationship you undertake, as well as for all legal services you provide. For further clarity, LawChamps has no influence on, involvement in, or responsibility for the Professional Services of its Account Holders.

11. FEES/PAYMENT
Some of the features of the Service require payment of fees; for example, monthly website hosting fees are assessed once you launch your website out of development or beta. If you sign up for and/or use these features, you shall pay all applicable fees, as described by Us in connection with such features selected by you. We reserve the right to change our prices and at any time. You authorize Us to make any reasonably necessary inquiries to validate your account and financial information, and process payment.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the Service and payments you make to us.

12. ADDITIONAL GOODS OR SERVICES
If you elect to use or purchase any additional goods, services, or content from Us or third parties as made available by Us through the Service (e.g., use a domain name, associated URL and/or email We make available to you), you must agree to additional terms and conditions before you use such goods, services or content. If you do not agree to Our or the third party’s terms of service and/or license agreement, do not utilize the goods, services, or content.

Your use of any third party goods, services or content obtained through the Service does not transfer to you any rights, title or interest in or to it beyond the terms contained in the third party provider's terms of service or license.

13. LINKS TO OTHER WEBSITES OR RESOURCES
The Service may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, We are not responsible for the availability of such external sites or resources, and We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

14. INDEMNITY
You agree to indemnify and hold LawChamps, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your website and its Content, use of or connection to the Service, violation of these Terms, or violation of any rights of another, including but not limited to your offering and providing professional services.

15. REUSE OR RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without LawChamps’ express written permission.

16. GENERAL PRACTICES REGARDING USE AND STORAGE
We may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time with or without notice to You.

17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) WE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA, YOUR CLIENTS’ DATA, AND INFORMATION THAT MAY RESIDE ON THE WEBSITE OR SERVICE. WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

18. LIMITATION OF LIABILITY & DAMAGES CAP
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LAWCHAMPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO LAWCHAMPS FOR THREE MONTHS OF THE FEATURE OF THE SERVICE IN QUESTION.

19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 MAY NOT APPLY TO YOU; HOWEVER, THEY WILL APPLY AND BE ENFORCED TO THE GREATEST EXTENT ALLOWED FOR BY LAW.

20. NOTICES
We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. You may get in touch with Us for routine customer service inquiries by sending an email to: support@lawchamps.com. Please include the email address associated with your account when you email Us. Formal notice should be sent to Us by regular mail to: LawChamps, 584 Castro Street #101, San Francisco CA 94114.

21. ARBITRATION
(a) Arbitration of Disputes. You and LawChamps agree that any and all disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of LawChamps (a “Dispute”), except as expressly carved-out below, will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration administered by the American Arbitration Association (AAA), to the maximum extent permitted by the Federal Arbitration Act (FAA). YOU AND LAWCHAMPS AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with a Dispute (subject to the exceptions listed in subsection 15b), and that our rights will be determined by a NEUTRAL ARBITRATOR OR ARBITRATION PANEL, NOT A JUDGE OR JURY. Notwithstanding the above, LawChamps is always interested in attempting to resolve any disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. If you have an issue, question or concern about the Site or Services and are contemplating a claim, please direct your inquiries to us at support@lawchamps.com.

(b) Exceptions to Arbitration. The only exceptions to this agreement to arbitrate Disputes are (i) in the event that LawChamps brings legal and/or equitable claims (including but not limited to claims for injunctive relief) in accordance with Section 8 of this Agreement regarding, referring or relating to your Content and/or Conduct Rules and Obligations when using the Service, in which case LawChamps may elect to move for injunctive relief and/or have such claims heard in any court of competent jurisdiction; (ii) in the event that LawChamps brings legal and/or equitable claims regarding, referring or relating to the misuse, misappropriation, infringement and/or other violation of LawChamps’ proprietary rights in accordance with Section 9 of this Agreement, in which case LawChamps may elect to move for injunctive relief and/or have such claims heard in any court of competent jurisdiction; (iii) in the event LawChamps seeks an injunction or other extraordinary relief as provided for in Section 22 of this Agreement.

(c) No Class Actions. YOU AND LAWCHAMPS ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor LawChamps agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).

(d) Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the AAA, in accordance with its Commercial Arbitration Rules, and any supplementary rules or procedures deemed appropriate by the arbitrator or arbitrators. The parties further agree that the arbitration will take place in San Francisco, California.

(e) Enforcement. The arbitrator(s) will have full and exclusive power and authority to rule on his, her and/or their jurisdiction and to decide any and all issues of arbitrability.

(f) Entry of Judgment. The award rendered by the arbitrator(s) will be final and binding. Judgment on the award may be entered in court. For clarity, the parties hereby submit to the jurisdiction of the Federal and State courts in San Francisco, California, for the purpose of confirming any such award and entering judgment thereon.

22. LAWCHAMPS RIGHT TO SEEK INJUNCTION OUTSIDE OF ARBITRATION
Violation of this Agreement may cause LawChamps irreparable harm, and therefore you agree that LawChamps will be entitled to seek extraordinary relief in any court of competent jurisdiction, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that LawChamps may have for a breach of this Agreement.

23. CHOICE OF LAW AND VENUE
These Terms and the relationship between you and LawChamps shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and LawChamps agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, California.

24. MISCELLANEOUS
The failure of LawChamps to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). Only other agreements expressly referenced as being incorporated herein are part of these Terms. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.

25. REPORTING VIOLATIONS
Please email support@lawchamps.com to report any violations of these Terms.

26. CUSTOMER ASSISTANCE
If you need customer assistance or have other questions about the Service or these Terms, contact Us at support@lawchamps.com.

27. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICES
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify LawChamps’ copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit eHarmony to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent
The Court Buddy Company, Inc. dba
LawChamps 584 Castro Street #101, San Francisco CA 94114
copyright@lawchamps.com (only DMCA notices will be accepted at this email address.
All other inquiries or requests will be discarded)

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