WEBSITE TERMS AND CONDITIONS
This Website is not intended to create any attorney-client relationship, and your use of the Website does not and will not create an attorney-client relationship between you and Lucent Law.
When you open an account to use or access certain portions of the Website or the Services, you must provide complete and accurate information as requested on various forms. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify Lucent Law immediately of any unauthorized use of your account, user name or password. Lucent Law shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Lucent Law, our affiliates, members, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
2. Ownership.This Website is owned and operated by Lucent Law. All right, title and interest in and to the materials provided on this Website, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Lucent Law or by our respective third party authors, developers or vendors (“Third Party Providers”), or by an affiliate of Lucent Law. Except as otherwise expressly provided by Lucent Law, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Website shall be construed to confer any license under any of Lucent Law’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Lucent Law does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Lucent Law and any rights not expressly granted herein are reserved by Lucent Law.
4. Links to Third Party Sites.This Website may contain links to websites controlled by parties other than Lucent Law (each a “Third Party Site”). Lucent Law is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Lucent Law makes no guarantees about the content or quality of the products or services provided by such sites. Lucent Law is not responsible for webcasting or any other form of transmission received from any Third Party Site. Lucent Law provides these links to you solely as a convenience, and the inclusion of any link does not imply endorsement by Lucent Law of the Third Party Site, nor does it imply that Lucent Law sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Lucent Law is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. License to Use. Lucent Law grants you a limited, personal, non-exclusive, non-transferable license to use the forms and documents that you may purchase as a Service from Lucent Law (subject to the Service Engagement Agreement) (the “Forms”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
6. Resale of Forms Prohibited. By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Lucent Law.
8. NO WARRANTY.THE WEBSITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LUCENT LAW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LUCENT LAW MAKES NO WARRANTY THAT: (A) THE WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY MATERIALS OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. LUCENT LAW SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
IF YOU ARE A LEGAL CLIENT OF LUCENT LAW, SOME OF THE WARRANTY DISCLAIMERS DESCRIBED HEREIN MAY NOT APPLY TO YOU TO THE EXTENT LUCENT LAW IS PROVIDING LEGAL SERVICES TO YOU THROUGH THE WEBSITE.
9. LIMITATION OF LIABILITY AND INDEMNIFICATION.EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD LUCENT LAW AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM YOUR USE OF THE WEBSITE AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOU ARE A LEGAL CLIENT OF LUCENT LAW, THE LIMITATION OF LIABILITY AND INDEMNIFICATION DESCRIBED HEREIN DOES NOT APPLY TO YOU TO THE EXTENT LUCENT LAW IS PROVIDING LEGAL SERVICES TO YOU THROUGH THE WEBSITE.
10. Unsolicited Submissions.Except as may be required in connection with your purchase or use of our Services, Lucent Law does not want you to submit confidential or proprietary information to us through this Website. All comments, feedback, information or material submitted to Lucent Law through or in association with this Website shall be considered non-confidential and shall be our property. By providing such submissions to Lucent Law you hereby assign to Lucent Law, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Lucent Law shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
11. Refund Policy. Our refund policy for the Services that you may purchase through the Website is separately described in the Service Engagement Agreement, and provides that no refunds will be provided for any purchase of our Services, except if we fail to start work on the Service (as described in the scope of work for a Service) in a commercially reasonable period of time or if we fail to complete the work required for a Service (as described in the scope of work for the Service) in a commercially reasonable period of time. Any delays caused by third parties or your delay in cooperating with us with regard to the Services shall extend the time period for us to either start work or finish the work in a commercially reasonable period of time.
12. Compliance with Intellectual Property Laws.When accessing the Website or using the Services provided by Lucent Law, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Website is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Lucent Law user account.
We have adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of a third party or that violate intellectual property rights generally. Lucent Law’s policy is to remove such infringing content or materials and investigate such allegations immediately.
- A. Notice. Lucent Law has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website or with a Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Website or Service user who is found to have infringed the rights of Lucent Law or of a third party, or otherwise violated any intellectual laws or regulations. Lucent Law’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Lucent Law to delete, edit, or disable the material in question, you must provide Lucent Law with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit Lucent Law to contact you, such as an address, telephone number, and, if available, email 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 the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
c/o Lucent Law, PLLC
827 W. 1st Ave., Suite 425
Spokane, WA 99201-3914
- B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) your physical or electronic signature; (2) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the Eastern District of Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.
14. Compliance with Export Restrictions.You may not access, download, use or export the Website or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
15. Children.Minors are not eligible to use the Website or Services and we ask that they do not submit any personal information to us.
16. Customers Needing Extra Assistance. Lucent Law aims to provide full access to the Website and service offerings regardless of disability. If you are unable to read any part of the Lucent Law website, or otherwise have difficulties using the Lucent Law website, please call (844) 873-5460 and we will assist you.
17. Governing Law; Venue.Any legal action or proceeding relating to your access to or use of the Website or Materials shall be brought and maintained in Spokane County, Washington.
18. Copyrights.All Website design, text, graphics, the selection and arrangement thereof, Copyright © 2015 Lucent Law, PLLC. ALL RIGHTS RESERVED.
19. Trademarks.Lucent Law, Forms & Essentials, the box logo with interwoven lines, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Lucent Law, PLLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
20. Inquiries.BY USING OUR SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO LUCENT LAW VIA THE WEBSITE CONSTITUTES AN INQUIRY TO LUCENT LAW, AND THAT LUCENT LAW MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
21. Right to Refuse.You acknowledge that Lucent Law reserves the right to refuse service to anyone and to cancel user access at any time.