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TERMS, CONDITIONS & DISCLAIMERS
Before signing up to use the services of this website owned and operated by LAWPROBE, Inc. , you (referred to as "User") agree to and accept, and any use thereafter (including any use by any other person under your user identification and password) constitutes your acceptance and agreement to, the following terms and conditions:
PAYMENT. Following the expiration of any applicable free-trial period, User agrees to pay all applicable subscription, service and use fees established by Lawprobe, Inc. as posted on this website or as otherwise established by prior agreement between Lawprobe, Inc. and User, plus any applicable taxes, which Lawprobe, Inc. may add to and include in its charges. Lawprobe, Inc. may from time to time offer limited "free trials," special rates, or similar promotions, during which no or reduced subscription fees will be charged, but otherwise, all provisions herein shall apply. The offering of any such free trial, special rate or promotion to any user or set of users shall not obligate Lawprobe. Inc. To offer or provide any such free trial, special rate or promotion to any other user. Unless otherwise agreed, All charges will be paid by (1) pre-authorized credit card debit or (2) pre-authorized checking account debit,\. Any charges not paid when due accrue interest at the rate of 1.5% per month (APR, 18%), or the highest rate permitted by law, whichever is less. User also agrees to pay all reasonable attorneys' fees, costs and other expenses incurred by Lawprobe, Inc. for the collection of any delinquent amounts or for the enforcement of the provisions herein.
USE LIMITATIONS AND PROHIBITIONS. In consideration of the applicable subscription fees established by Lawprobe, Inc., and subject to the terms, conditions and disclaimers herein, Lawprobe, Inc. grants to user a personal, nonexclusive, nontransferable license to use its services. No material from Lawprobe, Inc.'s or affiliated websites may be copied, reproduced, republished, transmitted, or distributed in any way, except for (1) the personal use of the subscriber, (2) material that is considered to be public information, or (3) material that has been created by the user. All rights to any copyrights, trademarks, service marks, and trade names are reserved. Any transmission, distribution or republishing of any material that is in any way defamatory, obscene, pornographic, threatening, harassing, abusive, in violation of anyone's property, privacy or civil rights, or is otherwise illegal or tortious, is strictly prohibited. User is solely responsible for any information, materials and data transmitted by using Lawprobe, Inc.'s services and for any direct, indirect, consequential, incidental or special damages resulting therefrom, and Lawprobe, Inc. shall have no liability therefore.
LIABILITY LIMITATIONS AND DISCLAIMERS. Although Lawprobe, Inc. will exercise reasonable care and utilize measures reasonably available to maintain the integrity, of its service without allowing any unauthorized access thereto and without interruption. However, the use of Lawprobe, Inc.'s services. is on an "as is" and "as available" basis and is provided without warranties of any kind, either express or implied. Lawprobe, Inc. makes no warranty as to the results obtained from the use of its service or as to the accuracy or reliability of any information therefrom. Any material, information or data downloaded from or obtained through the use of Lawprobe, Inc.'s service, is at user's own risk, and Lawprobe, Inc. shall not be responsible for any damage to user's computer system, software or loss of data that may result therefrom, or for User's loss of User's login identification or password.
To the fullest extent allowed by law, Lawprobe, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND Lawprobe, Inc. DISCLAIMS ANY LIABILITY FOR INTERRUPTIONS, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS BEYOND ITS CONTROL. Lawprobe, Inc. DISCLAIMS ALL LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE ITS SERVICES, THE INFORMATION OR DATA PROVIDED THEREFROM, OR FROM ANY UNAUTHORIZED ACCESS TO, USE OR ALTERATION OF, ANY TRANSMISSIONS OR DATA UNLESS Lawprobe, Inc. IS AT FAULT THEREFOR. IN NO EVENT SHALL Lawprobe, Inc.'S TOTAL LIABILITY FOR DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNTS PAID BY USER FOR Lawprobe, Inc.'S SERVICES. Lawprobe, Inc. ALSO DISCLAIMS ALL LIABILITY RELATING TO ANY INFORMATION, DATA OR OTHER MATERIALS TRANSMITTED OR PROVIDED BY USERS, SUBSCRIBERS, OR OUTSIDE SERVICES AND RESOURCES THAT MAY APPEAR HEREIN AS LINKS TO OTHER WEBSITES, AND ALL LIABILITY AS TO THE APPROPRIATENESS AND ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED HEREIN RELATING TO THE USE OF THOSE MATERIALS OR INFORMATION IN ANY PARTICULAR JURISDICTION.
SERVICE INTERRUPTIONS. Access to and operation of Lawprobe, Inc.'s website may be temporarily unavailable or interrupted from time to time due to service and equipment problems, modifications, repairs or upgrades. If known in advance, and if reasonably possible, Lawprobe, Inc. will post notice of such interruptions on its website, but no reduction of charges will be made for such temporary interruptions, except that subscription periods will be extended day for day for each day that the website is inoperable or inaccessible for more than four business hours. However, in no event shall Lawprobe, Inc. be liable to User or any third party for any damages or reductions in charges for any interruptions or transmission delays beyond its control, including those caused by Internet service providers or Users.
INDEMNIFICATION. User shall indemnify, hold harmless, and defend without reservation Lawprobe, Inc., its affiliates, employees, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses, including consequential, incidental, special and punitive damages, attorneys' fees, expenses and costs, arising from or relating to any use of Lawprobe, Inc.'s services that violates these provisions or any applicable law.
TERMINATION. Lawprobe, Inc. reserves the right to terminate, without advance notice or liability, any User's subscription if, in its sole discretion, it determines that such User has violated any of the above provisions or applicable law. Lawprobe, Inc. also reserves the right to terminate any User's subscription for any other reason upon 30 days prior notice sent by e-mail to User's . e-mail address, or U.S. Mail to User's last known address. If termination occurs other than for User's violation, Lawprobe, Inc. will refund any prepaid charges on a pro rata basis for any remaining term of the subscription. However, Lawprobe, Inc. shall not have any other liability to User or any third party for terminating or failing to terminate its service or any subscription. Upon notice of termination, User shall immediately cease all use of Lawprobe, Inc.'s services, but User shall remain liable for all unpaid fees and charges incurred prior to the date of the termination, and all relevant provisions herein shall survive such termination. Lawprobe, Inc. shall retain User's data (for time and billing, document and case management, e-mail and calendaring) for 12 months from the date service is terminated. Lawprobe, Inc. shall have no responsibility or liability to User or any third party for the deletion or failure to store or maintain such data after that time.
DISPUTES. Should any dispute arise under this agreement the parties agree to first attempt to resolve the matter through negotiation. Should that prove unsuccessful, the parties agree to submit the dispute to mediation to a third party neutral acceptable to both parties. If the dispute involves less than $50,000 the parties agree that in the event a mediated resolution cannot be reached, the mediator shall be designated as an arbitrator and shall render a decision binding upon both parties. If the dispute involves more than $50,000 and no mediated resolution can be reached, the parties agree to that any lawsuit shall be brought in Arizona, Maricopa County Superior Court in Arizona. All mediation proceedings conducted under the terms of this Agreement shall be conducted in Maricopa County, Arizona.
MISCELLANEOUS. Except as otherwise provided in writing signed by an authorized agent of Lawprobe, Inc., this Agreement constitutes the entire agreement governing the use of and subscription to Lawprobe, Inc.'s services regardless of any prior or subsequent verbal representations. However, Lawprobe, Inc. shall have the right to modify these provisions and to change or discontinue any part of its service at any time. Such modifications shall be effective immediately upon posting of a notice thereof on Lawprobe, Inc.'s website, and any use of Lawprobe, Inc.'s services thereafter shall constitute User's acceptance of and agreement to such modifications. If any provision herein shall be deemed invalid or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.