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LIT SOFTWARE® Website Terms & Conditions

These Terms & Conditions (these "Terms & Conditions" or "Terms") apply to the services and information that LIT SOFTWARE® LLC ("LIT SOFTWARE", "we", "our", or "us") provides to you through our website located at www.litsoftware.com (including our Help Center and other pages available on the website) (our "Website" or "Site") and in other instances in which we notify you that these Terms apply (collectively, the "Services") (the Services, together with the Website and Website Content (as defined below), the "Platform").

These Terms, together with our Privacy Policy, govern your use of the Platform and your provision of information while using the Platform.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS IMPOSE LEGAL OBLIGATIONS ON YOU AND ON US, AND ESTABLISH OUR LEGAL RELATIONSHIP. YOU MAY PRINT AND KEEP A COPY OF THESE TERMS FOR YOUR RECORDS. IF YOU DO NOT INTEND TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE.

1. Scope

We have designed this Site to provide you with helpful information regarding our LIT SUITE® family of unique and proprietary legal practice software applications, including TrialPad®, TranscriptPad®, DocReviewPad®, ExhibitsPad®, and TimelinePad® ("Apps"), and other products and services we may offer. Use of the Apps is not free. To use the Apps, you must agree to the LIT SUITE End User License Agreement ("EULA"), the current version of which is available at https://www.litsoftware.com/legal, and pay the applicable subscription fee.

2. Your Agreement

By accessing and using our Platform, you acknowledge and agree to be legally bound by these Terms. In addition, for certain Services, we may further ask you to confirm your consent by other methods. If you are agreeing to our Terms on behalf of a company or other legal entity ("Your Organization"), then (i) you represent and warrant that you have authority to act on behalf of, and to bind, Your Organization, and (ii) for all purposes of these Terms, the term "you" means Your Organization on whose behalf you are acting. Additionally, you represent and warrant that you are at least eighteen (18) years old and possess the legal right and ability to agree to these Terms. If you do not agree to these Terms or are younger than eighteen (18) years old, then please do not use this Site.

3. Privacy

Your use of our Platform is subject to our Privacy Policy, the current version of which can be found at https://www.litsoftware.com/legal. Please review our Privacy Policy, which also governs your use of the Platform, and informs users about LIT SOFTWARE's data collection and sharing practices.

LIT SOFTWARE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. You represent and warrant that you are at least eighteen (18) years old and possess the legal right and ability to agree to these Terms. If you do not agree to these Terms or are younger than eighteen (18) years old, then please do not use our Platform.

4. Electronic Communications

Visiting the Site, contacting us through the Site, or sending emails to us constitutes electronic communication(s). You consent to receive electronic communications from us, and you agree that all terms, notices, disclosures, and other communications that we provide to you electronically—whether by email, directly on the Site, or while using the Apps—satisfy any legal requirements (to the extent permissible under applicable laws) that such communications be "in writing."

5. Intellectual Property

LIT SUITE, TrialPad, TranscriptPad, DocReviewPad, ExhibitsPad, and TimelinePad are registered trademarks of LIT SOFTWARE. Apple, iPad, Mac, iPadOS, and macOS are trademarks of Apple, Inc., registered in the U.S. and other countries. The LIT SUITE family of software are independent creations by LIT SOFTWARE, and have not been authorized, sponsored, or otherwise approved by Apple, Inc.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the publicly-available portions of our Platform, contingent upon your strict accordance with these Terms. You may use our Platform solely to (i) learn more about us and our Services; (ii) provide information to us through our Website; (iii) download and print pages on our Website solely for your informational purposes; and (iv) access Services available through the Website, and for no other purpose. As a condition of your use, you warrant to us that you will not use the Platform for any purpose that is either unlawful or prohibited by these Terms. You are strictly prohibited from using the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party's use and enjoyment of the Platform, or from obtaining or attempting to obtain any material or information through any means not intentionally made available or provided for through our Platform. Further, by using our Platform, you agree that you shall not:

  • Use the Platform for purposes that are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable, or otherwise prohibited by these Terms.

  • Reproduce, duplicate, copy, sell, resell, visited, or otherwise exploited for any commercial purpose without our express written consent.

  • Frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our express written consent.

  • Use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.

  • Use the Platform in a manner that could disable, overburden, or impair Platform or interfere with another party's use and enjoyment of the Platform, such as through sending "spam."

  • Seek to obtain access to any Services, Website Content, materials, accounts, or information through hacking, data harvesting, data mining, or through other means we have not intentionally made available to you through the Platform.

  • Infringe any copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.

We reserve the right at any time to terminate or suspend your use of some or all of the Platform if you engage in activities that we conclude, in our sole discretion, violate these Terms, EULA, or our Privacy Policy.

All content included as on our Platform, including but not limited to text, graphics, logos, or images, as well as the compilation thereof, and any software used on our Platform is the sole intellectual property of LIT SOFTWARE or its suppliers (collectively "Website Content"), and is protected by copyright, trademark, and other laws and regulations that protect intellectual property and proprietary rights in the United States and abroad. We, and our licensors, retain all rights with respect to the Platform except those expressly granted to you in these Terms. By using our Platform, you agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto. This means that you cannot modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Website Content. Further, you are prohibited from deleting, altering, or attempting to delete or alter any proprietary rights or attribution notices appended to or associated with any content. You are expressly prohibited from using any of our Website Content, including in connection with any product or service, without our prior written consent.

6. Submitted Content

The term "Submitted Content" means information or other content that you submit via our Platform or otherwise make available to us including, but not limited to: (i) feedback, reviews, comments, and suggestions you provide to us; (ii) questions or comments that you provide to us; (iii) images and audiovisual files that you provide to us; and (iv) any other information or materials you provide to us or post directly or indirectly on our Platform.

By providing Submitted Content, and subject to your rights in personal information set out in our Privacy Policy, you authorize us to copy, modify, display, distribute, perform, use, and otherwise exercise applicable rights in the Submitted Content without compensation to you and for so long as we deem warranted (collectively, the "Use Rights"). In addition, you authorize us to permit third parties to exercise these Use Rights as necessary. By way of example, the Use Rights include our right to publish Submitted Content on our Platform in whole or in part, and whether cropped, adopted, altered, or otherwise manipulated, for as long as we choose.

By providing Submitted Content, you represent and warrant that you own such Submitted Content (including any copyright and other intellectual property rights therein), or that you have obtained sufficient authority and right in and to the Submitted Content in order to provide the Use Rights.

If you provide Submitted Content that includes personal information, we will treat personal information included in such Submitted Content in accordance with our Privacy Policy.

We expressly reserve the right to refuse to use (or to disable or remove) Submitted Content for any reason without notice. For example, if we conclude that Submitted Content violates these Terms or is incompatible with the purposes of our Platform or operations, then we may disable or remove the Submitted Content.

7. International Users

The service is controlled, operated, and administered by LIT SOFTWARE, from its offices within the United States of America. If you access our Platform from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use any Website Content accessed through this Site in any country or in any manner prohibited by any applicable local laws, restrictions, or regulations.

8. Links to Third-Party Sites/Services

Our Platform may contain links to other websites ("Linked Sites"). Such Linked Sites are not under the control of LIT SOFTWARE, and we are not responsible for the content of any Linked Site(s), including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. When we provide these links to you, it is only as a convenience to you, and is not intended to be or imply our approval or endorsement of the contents of any Linked Site(s), nor is it to be construed we are in any way affiliated or associated with the operator(s) of any Linked Site(s).

LIT SOFTWARE has no control over, and assumes no responsibility for the content, privacy policies, or practices of any Linked Sites, and you acknowledge and agree that we cannot be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any Linked Site(s). If you link to any third party site through the Platform, please be aware that you are doing so at your own risk. We encourage you to review any third party website's terms of use and privacy policy, because those, and not our Terms and Privacy Policy, are applicable to your use of their site and any information that they collect.

Certain services made available through our Platform are delivered or hosted by third-party sites and organizations. By using any product, service, or functionality originating from the https://www.litsoftware.com domain, you thereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of https://www.litsoftware.com users and/or customers.

9. Indemnification

You agree to indemnify, defend, and hold harmless LIT SOFTWARE, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Platform, any Submitted Content or other user postings made by you, your violation of any terms of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LIT SOFTWARE in asserting any available defenses.

10. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, WEBSITE CONTENT, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS PLATFORM MAY INCLUDE INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE PLATFORM. LIT SOFTWARE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE SITE AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE.

LIT SOFTWARE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, WEBSITE CONTENT, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE, FOR ANY PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS," WITHOUT WARRANTY OR CONDITION OF ANY KIND.

LIT SOFTWARE AND/OR ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, WEBSITE CONTENT, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIT SOFTWARE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM, WITH THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, WEBSITE CONTENT, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LIT SOFTWARE AND/OR OUR SUPPLIERS WAS ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

11. Legal Disclosures

These Terms are intended to be governed by and construed in accordance with the laws of the State of Florida, and the applicable laws and regulations of the United States of America, without regard to conflict of law provisions. Any dispute arising hereunder, or relating directly or indirectly to the use or operation of this Platform, will be resolved in the state or federal courts nearest Coral Gables, Florida, and in no other location. You irrevocably accept this jurisdiction and venue and waive any objections based on inconvenience or otherwise.

A printed version of these Terms, and of any notice given in electronic form may be admissible in judicial, administrative, or alternative dispute resolution (ADR) proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce any provision of these Terms does not constitute, and cannot be construed as a waiver of such provision, or of the right to enforce it in the future.

If any part or portion of these Terms is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms will continue to be in full effect.

Except as may be provided in the EULA and in our Privacy Policy, unless otherwise specified herein, these Terms constitute the entire agreement between you and LIT SOFTWARE with respect to the Site, and your use of the Site, and it supersedes all prior or contemporaneous communications and proposals, regardless of whether written, electronic, or oral. Notwithstanding the foregoing, certain portions of the Platform may be subject to additional or different terms and conditions. We will notify you if those portions of the Platform are subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in those portions of the Platform if you do not agree with the differing terms and conditions.

These Terms shall not be assignable by you, either in whole or in part. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.

You agree that we have the right to monitor any activity and content associated with our Platform. We may investigate any reported violation of these Terms or complaints relating to the Platform, and may take any action that we believe is appropriate including, but not limited to, removing materials and terminating/suspending your access to the Platform.

You agree that in the event that you have any right, claim, or action against visitors or other users of our Platform arising out of that person's use of the Platform, then you will pursue such right, claim, or action independently of and without recourse to us.

In addition to any right or obligation that by its nature or intent is intended to survive any termination or expiration of these Terms, the following provisions shall survive the termination or expiration of these Terms and shall apply indefinitely: (i) Section 5 (Intellectual Property); (ii) Section 6(Submitted Content); (iii) Section 7 (International Users); (iv) Section 8 (Links to Third-Party Site/Services); (v) Section 9 (Indemnification); and (vi) Section 10 (Liability Disclaimer).

12. Changes to Terms

LIT SOFTWARE reserves the right, in its sole discretion, to modify or change these Terms & Conditions, without prior notice to you. The most current version of these Terms will be published at https://www.litsoftware.com/legal, which will supersede all previous versions. We encourage you to periodically review that page to stay informed of our updates. By continuing to access or use the Platform after any such changes become effective, you agree to be bound by the new/revised terms. If you do not agree to the new terms, your sole remedy is to stop using the Site.

13. Effective Date

The effective date of these Terms & Conditions is September 15, 2022.

14. Contact Us

If you have any questions about these Terms, please contact us, either by email at support@litsoftware.com, or by U.S. Mail addressed to:

LIT SOFTWARE LLC
Attn: Legal
255 Giralda Ave, Ste 500
Coral Gables, FL 33134

15.  Copyright and Legal Notice

© 2022 LIT SOFTWARE LLC. All rights reserved. No part of this content may be reproduced, stored in any form without written permission from LIT SOFTWARE LLC.