Applies to all customers of LAW RULER SOFTWARE, LLC
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCT.
TERMS AND CONDITIONS
This Agreement and the Exhibits attached hereto (collectively, the “Agreement”) contains the terms and conditions that govern your access to and use of the Law RulerTM Software (as defined below) and is an agreement between Law Ruler Software, LLC., a Delaware corporation, with its principal location at 7522 Wiles Road, Suite 210, Coral Springs, FL 33067 (hereinafter referred to as “LRS”) and Customer (hereinafter referred to as “Customer” or “you”).
WHEREAS, Customer is a business that provides legal services or providing services to the legal community, and is defined as “the services involving legal or law related matters like issue of legal opinion, filing, pleading and defending of law suits etc by a lawyer or attorney practicing law related services”;
AND WHEREAS, LRS has developed the web/cloud based LAW RULERTM SOFTWARE legal case intake and case management software to be used by lawyers, law firms, entities offering legal services, or “other professionals” to aid them in accomplishing their projects;
AND WHEREAS, Customer wishes to use the LAW RULERTM SOFTWARE to assist it in the preparation of its claims upon the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the sum of Ten ($10.00) Dollars and the mutual promises, agreements and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
1. USE OF LAW RULER.
1.1. GENERALLY. Customer is hereby granted non-exclusive and non-transferable right of access and use of Law Ruler™ software located at www.lawruler.com or cloud-hosted by Law Ruler Software, LLC, or on-premise at your location (hereinafter “Law Ruler” and “Website” respectively) in accordance with this Agreement. This right of use refers only to the object code and not to the source code.
1.2. CUSTOMER ACCOUNT. To access the Law Ruler, Customer must create an account thereon associated with a valid e-mail address. Customer is responsible for all activities that occur under its account, regardless of whether the activities are undertaken by you, your employees or a third party (including contractors or agents) and, except to the extent caused by our breach of this Agreement, LRS is not responsible for unauthorized access to your account. Customer will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You may terminate your account and this Agreement at any time in accordance with Section 7.
1.3. USE RESTRICTIONS. Customer shall not (and shall not allow any third party to) (a) reproduce or modify the Law Ruler , (b) provide, rent, lease, disclose, use for time sharing or service bureau purposes, or otherwise transfer or distribute Law Ruler or any part thereof for the use by a third party, or (c) reverse assemble, reverse compile or reverse engineer Law Ruler, or otherwise attempt discover any of its source code or underlying proprietary information (except to the limited extent that applicable law prohibits such a reverse engineering restriction).
1.4 PHONE NUMBERS(CALL TRACKING PHONE NUMBERS/SMS TEXT PHONE NUMBERS). Phone numbers provisioned by Company remain the property of Company until and unless legally transferred to Customer. Such transfer requires (i) completion of a transfer form, (ii) payment of the transfer fee then in effect, and (iii) payment of all outstanding invoices through the transfer request date plus an extra month of base fees to cover the time required to move the phone numbers. Phone numbers that belong to the Customer may be forwarded to phone numbers rented from Company at no additional charge other than usage.
1.5 ACCEPTABLE USE POLICY (AUP).
Law Ruler’s Acceptable Use Policy (AUP) describes actions that are not permitted using Law Ruler. Law Ruler’s Terms of Service (ToS) describes the agreement between you and Law Ruler regarding the use of Law Ruler’s website and/or services.
Below is a list of highlights from the AUP of what practices are not allowed when sending and receiving SMS messages using Law Ruler. Please note that the following restrictions apply to the owner of the Law Ruler account and to all users of your application. Follow these guidelines and you will likely be compliant with federal and state restrictions, carrier regulations, and best practices established by industry trade groups. This list is provided by way of example and should not be considered exhaustive. Please note: these guidelines do not replace nor cover all prohibited activities as covered by the Law Ruler Acceptable Use Policy or full Law Ruler Terms of Service. The following behaviors are not permitted on Law Ruler:
Using Law Ruler numbers to provide emergency services, such as 911-types of communication
Inbound and outbound communications between emergency service providers and end users are explicitly not permitted on Law Ruler numbers. SMS notifications can be used to provide information during an emergency, but should not be used as a replacement for or a means to contacting actual emergency services. It is acceptable to use Law Ruler to send notifications that do not directly impact life safety. For example, early warning alerts, safety advisories, event cancellations, etc. are allowed. We recommend building in redundancy for important applications and using Law Ruler’s notifications in conjunction with other public warning systems like sirens, radio and TV broadcasts if applicable.
Sending unsolicited messages
No one likes SPAM. You should only send SMS messages to recipients who have opted in to your service and are expecting communication from you. Law Ruler actively monitors for this kind of activity and we may block the phone number or suspend your account if we receive complaints from your subscribers.
Sending mass marketing or bulk messaging using Law Ruler long code phone numbers
Mobile carriers do not allow marketing SMS messages, whether solicited or not, to be sent on regular 10-digit numbers. Marketing messages may only be sent using SMS codes (special 5 or 6-digit numbers). If you’re interested in a dedicated US SMS code, then please contact our sales or support team. Mass marketing restrictions vary from country to country. Law Ruler does not support mass marketing on US or international phone numbers.
Sending harassing or abusive messages
Sending threats, unwanted messages and “SMS-bombing” – sending many messages to a single number without the recipient’s permission – are not allowed on Law Ruler. You are responsible for ensuring that the users of your application do not send harassing or abusive messages.
Engaging in fraud, phishing or sending of sensitive data
Law Ruler takes fraud and abuse very seriously. Report it here. Sending messages with fraudulent information or phishing to request confidential information from subscribers is not allowed. It’s also never a good idea to provide financial information or any other sensitive personal information to your customers over SMS.
Misrepresenting your identity (no spoofing)
Spoofing the SenderID or otherwise attempting to mislead message recipients as to who is sending the SMS message is not allowed. It’s good business sense to identify your brand or name in each message you send. But it’s not ok to identify yourself as another individual or business.
Sending messages with pornographic or objectionable images
Do not send pictures that promote or potentially further any illegal activity or violate any legal or federal legislations or are likely to cause offense to recipients. These include but are not limited to pornographic or objectionable images.
2. CHANGES. LRS, at its discretion, may change, remove of add features to the Website from time to time in a commercially reasonable effort to improve service or correct defects.
3. SECURITY AND DATA PRIVACY. Without limiting the disclaimers contained in Section 10 or your obligations under Section 4, LRS will implement reasonable and appropriate measures designed to help you secure your data against accidental or unlawful loss, access, or disclosure.
4. BACKUP OF DATA. LRS makes regular daily backups of Customer data. Also, Customer will be able to have a backup of their data made available and is responsible for taking its own steps to maintain appropriate security, protection and backup and/or archiving of its own data. If requested to do so, within 5 business days, Company will provide an Export of client data upon written request to firstname.lastname@example.org
5. SUPPORT. Many questions can be answered by accessing the User Manual and support forum located on the Website. Additionally, LRS offers technical support via email at email@example.com the hours of 9:00AM-5:00PM EST, excluding federal holidays. LRS will use commercially reasonable efforts to respond to Customer’s requests for support within two business days, but does not make any representations or warranties that it will respond to a request for support within a certain amount of time, or that it will be able to remedy any problem Customer is experiencing unless a SLA (Service Level Agreement) is agreed per a specified Scope of Work.
6. CUSTOMER FEES PAYABLE TO LRS.
6.1 USER FEES. Customer agrees to pay LRS the setup and monthly reoccurring fees, as set forth in the schedule attached as Exhibit A, for the use of the Law Ruler software. Customer will pay LRS the applicable fees and charges for use of the Law Ruler as set forth in Exhibit A, in advance, using one of the payment methods LRS supports. All amounts payable under this Agreement will be made without setoff or counterclaim, and without any deductions or withholding. All amounts under this Agreement are in U.S. dollars and payment must be made in such. LRS may charge Customer interest, on all overdue amounts, at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the due date until paid plus reasonable costs incurred in collection (including reasonable attorney’s fees).
6.2 TAXES. All fees and charges payable by Customer are exclusive of applicable taxes, and, Customer shall be responsible for the payment of such applicable taxes. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing LRS with legally sufficient tax exemption certificates for each taxing jurisdiction. LRS will apply the tax exemption certificates to charges on your account occurring after the date LRS receives said tax exemption certificates.
7. TERM; TERMINATION.
7.1. TERM. The term of this Agreement will commence on the Effective Date and will remain in effect for 1 Year, whereupon this Agreement shall automatically extend for successive 12 month terms unless this Agreement is terminated earlier by either party in accordance with Section 7.2.
(a) By LRS or Customer. Either party may terminate this Agreement after the first 1 Year, then this agreement will be in annual renewal and will require a 30 Day termination advance notice to terminate the agreement.
(b) By LRS Temporarily. LRS may suspend your access to the Law Ruler software and Website, upon email notice to you, if we determine that: (i) you are in breach of this Agreement, including if you are delinquent on your payment obligations; and (ii) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar dissolution of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding.
(c) By LRS. LRS may terminate this Agreement for cause upon 30 days advance notice to the Customer if there is a material breach of default of this Agreement by the Customer, unless Customer has cured the material breach or default within the 30 day notice period.
7.3. EFFECT OF TERMINATION.
Generally, upon any termination of this Agreement:
(i) All Customers rights under this Agreement immediately terminate;
(ii) Customer remains responsible for any and all fees and charges it shall have incurred through the date of termination;
(iii) Customer is not entitled to a refund of any prepaid fees under this Agreement which are and shall remain the property of LRS;
(iv) Company will not, under any circumstances, issue cash refunds for early contract cancellation. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount. Company has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
(v) Sections 4, 7, 8, 9, 10, 11, 12 and 13 will continue to apply in accordance with their terms.
(vi) Any additional post-termination assistance from LRS is subject to mutual agreement by LRS and Customer.
8. PROPRIETARY RIGHTS.
8.1. LRS RIGHTS. Customer acknowledges that the software, its structure, organization and source code, and the documentation on the Website are the property and constitute valuable trade secrets of LRS and/or its suppliers.
8.2. CUSTOMER DATA. As between Customer and LRS, Customer owns all the right title and interest in and to their data. Customer hereby consents to LRS’s use of your data to provide the calculations and documentation we offer on our Website to you and your clients.
9.1. GENERAL. Customer will defend, indemnify, and hold harmless LRS, its affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, expenses (including reasonable attorney’s fees) arising out of or related to any third party claim concerning: (a) Customer’s use of the Law Ruler software and the resulting products and calculations (including any activities in your account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by the Customer; (c) any claim involving alleged infringement or misappropriation of third party rights to your data entered on the Website; or (d) any dispute between Customer and one of Customer’s clients. If LRS or its affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, Customer will reimburse LRS for reasonable attorney’s fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
9.2. PROCESS. LRS will promptly notify Customer of any claim subject to Section 9.1, but our failure to promptly notify you will only affect your obligations under Section 9.1 to the extent that our failure prejudices Customers’ ability to defend the claim. Customer may: (a) use counsel of its own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain LRS’s prior written consent before entering into any settlement. Additionally, LRS reserves the right to assume control of the defense and settlement of the claim at any time.
THE LAW RULER SOFTWARE IS PROVIDED “AS IS”. LRS AND LRS’S LICENSORS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE REGARDING LAW RULER OR ITS WEBSITE, INCLUDING ANY WARRANTY THAT LAW RULER OR WEBSITE WILL BE UNINTERUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT OR YOUR DATA WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, LRS AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MECHANTABILITY, SATIFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
11. LIMITATIONS OF LIABILITY.
LRS AND OUR AFFILIATES OR LICENSORS, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, WILL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS OF USE OR GOODWILL, INTERUPTION OF BUSINESS, LOSS OR INACURRACY OF BUSINESS INFORMATION, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF LRS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LRS’S LIABILITY ARISING OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT OF THE FEES AND CHARGES RECEIVED BY LRS FROM CUSTOMER UNDER THIS AGREEMENT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS SECTION 11 IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
12. CONFIDENTIALTY. In the course of performing this Agreement, the parties may disclose to each other Confidential Information. “Confidential Information” shall mean any and all non-public technical and non-technical information provided by either party to the other, including but not limited to (i) patent and patent applications; (ii) trades secrets; and (iii) proprietary information including but not limited to know-how, processes, software programs, software source documents, and formulae related to the current, future and proposed products and services of each of the parties, and including, without limitation, their respective information concerning any and all client and client related information, research, experimental work, development, design details, and specifications, engineering, procurement requirements, purchasing, manufacturing, customer lists, financial information, investors, employees, business and contractual relationships, business forecasts, sales, merchandising, marketing, plans and information the disclosing party provides regarding third parties. All Confidential Information shall remain the sole property of the disclosing party, and the receiving party shall have no interest in or rights with respect thereto except as expressly set forth in this Agreement. Each party agrees: (i) not to use any Confidential Information of the other party for any purpose except in the performance of its obligations under this Agreement or as otherwise expressly permitted hereunder; (ii) to disclose such Confidential Information only to employees (or third party subcontractors permitted under this Agreement) who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive that set forth herein; (iii) to protect such Confidential Information from unauthorized use, access or disclosure in the same manner that it protects its own similar Confidential Information, but, in no event with less care that a reasonably prudent business would exercise; and (iv) to promptly notify the other party of any actual or potential unauthorized access to or use of Confidential Information. The foregoing restrictions on disclosure shall not apply with respect to any information that (i) was already in the parties possession before disclosure; (ii) was or has become publicly available through no fault of the receiving party; (iii) has been received from a third party which the receiving party believed in good faith was legally authorized to hold and disclose such information; or (iv) is required to be disclosed pursuant to law or legal process; provided that in such event receiving party shall immediately notify disclosing party of such requirement and provides reasonable assistance in any efforts to protect the Information from disclosure. This Section 12 will survive any termination of the Agreement for a period of five (5) years with respect to non-technical information and in perpetuity with respect to information, including the software, the documentation thereof, any code, and any and all client and client related information.
13.1. Amendment. Subject to applicable law, this Agreement may be amended, modified and supplemented only by a written agreement signed by all of the parties.
13.2 Entire Agreement. This Agreement, including the schedules and exhibits hereto and the documents, annexes, attachments, certificates and instruments referred to herein and therein, embodies the entire agreement and understanding of the parties hereto in respect of the agreements and transactions contemplated by this Agreement and supersedes all prior agreements, representations, warranties, promises, covenants, arrangements, communications and understandings, oral or written, express or implied, between the parties with respect to such transactions. There are no agreements, representations, warranties, promises, covenants, arrangements or understandings between the parties with respect to such transactions, other than those expressly set forth or referred to herein.
13.3. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of any other provision of this Agreement in such jurisdiction, but this Agreement shall be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision had never been contained herein.
13.4. Successors and Assigns. Customer will not assign this Agreement, or delegate or sublicense any of its rights under this Agreement, without LRS’s prior written consent. Any assignment or transfer in violation of this Section 13.4 will be void. Subject to the foregoing, this Agreement and all of the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and permitted assigns.
13.5. Remedies. The parties hereto agree and acknowledge that money damages would not be an adequate remedy for any breach of the provisions of this Agreement and that the any party may in its sole discretion apply to any court of law or equity of competent jurisdiction for specific performance and/or injunctive relief (without posting a bond or other security) in order to enforce or prevent any violation of the provisions of this Agreement.
13.6. Notices. Any notice provided for in this Agreement shall be in writing and shall be either personally delivered, or mailed first class mail (postage prepaid) or sent by reputable overnight courier service (charges prepaid) to LRS at the address set forth below and to any other recipient at the address as indicated by LRS’s account records, or at such address or to the attention of such other person as the recipient party has specified by prior written notice to the sending party. Notices shall be deemed to have been given hereunder when delivered personally, three days after deposit in the U.S. mail and one day after deposit with a reputable overnight courier service. LRS’s address is: Law Ruler Software, LLC, 7522 Wiles Road, Suite 210, Attn: Manager, Coral Springs, FL 33067
13.7. Business Days. If any time period for giving notice or taking action hereunder expires on a day which is a Saturday, Sunday or legal holiday in the state in which the LRS’s chief executive office is located, the time period shall automatically be extended to the business day immediately following such Saturday, Sunday or legal holiday.
13.8. Descriptive Headings. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
13.9 Delays or Omissions; Waiver. No delay or omission to exercise any right, power or remedy accruing to any party hereto, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of, or estoppel with respect to, any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, or an waiver on the part of any party of any provisions, obligations, covenants, agreements or conditions of this Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing.
13.10 Strict Construction. This Agreement shall not be strictly construed against any party hereto.
13.11 Authority. Each individual executing this Agreement on behalf of a corporation, limited liability company, professional association or other entity and hereby warrants that he or she is authorized to do so and that this Agreement constitutes the legally binding obligation of the corporation, limited liability company, professional association or other entity that the individual represents.
13.12 Reference. Upon LRS’s reasonable request (or the reasonable request of a third party directed to Customer by LRS), Customer may act as a reference for LRS, including taking reference calls from prospective customers to discuss the merits of the Law Ruler and/or the Website and to share the Customer’s experience working with LRS.
13.13 Force Majeure. LRS and its affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond its respective control, including acts of God, labor disputes, or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquakes, hurricanes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
13.14 Independent Contractors. Customer and LRS are independent contractors, and neither party, nor their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
13.15 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. You may not sublicense or allow another company to use your Website without LRS written consent.
13.16 LRS Not An Attorney. LRS is not a law firm, and none of its employees are attorneys. Customer agrees that LRS is not providing any legal advice or legal services by or through its Website or by any other means, and, Customer acknowledges that and will govern itself accordingly. Customer hereby acknowledges that the Website has been prepared for informational and reference purposes only and is not intended to provide legal advice. Customer should not rely on any information contained in the Website regarding any legal issues.
13.17. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida. In furtherance of the foregoing, the internal law of the State of Florida shall control the interpretation and construction of this Agreement, even though under that jurisdiction’s choice of law or conflict of law analysis, the substantive law of some other jurisdiction would ordinarily apply. Venue for all proceedings hereunder shall be in Broward County, Florida.
13.18. Dispute Resolution. All disputes, differences, controversies, or claims arising out of or relating to this Agreement, or the validity, interpretation, breach, violation, or termination thereof, shall be finally and solely determined and settled by arbitration in Fort Lauderdale, Florida, U.S.A., in accordance with the Rules of the American Arbitration Association. The arbitration shall be conducted by a sole arbitrator, and all proceedings shall be conducted in the English language. The arbitrator shall make the final determination as to any discovery of materials and information before the hearing of the cause. The arbitrator shall be chosen by the American Arbitration Association, and the arbitrator’s award shall state the reasons upon which the award is based. The arbitrator is hereby instructed, directed, and commanded to assume case management initiative and to initiate early scheduling of all events and proceedings so as to resolve any disputes as expeditiously as possible. Judgment upon any arbitration award may be entered and enforced in any court of competent jurisdiction. Notwithstanding such procedures, in the event of an actual or threatened breach hereunder, the aggrieved party may seek equitable relief (including without limitation injunctive relief) in any court or other forum, without first submitting to such dispute resolution procedures hereunder.
13.19. Costs of Enforcement. In the event that any party hereto shall either seek arbitration and/or to bring an action for breach or to otherwise enforce the terms, covenants and provisions of this Agreement and shall obtain a settlement, decision or judgment in its favor, then that party shall be entitled to recover all costs and expenses incurred, including reasonable fees and disbursements of counsel, both at arbitration, trial and in appellate proceedings.
13.20. Additional Terms and Conditions:
All Prices Including, But Not Limited to Usage-Based Services, are Subject to Change at Any Time Without Notice and No Rollover is Permitted Between Periods
– Additional charges do apply for usage of tracking lines for Local Calls at $0.05/Minute and for Toll-Free Calls for $0.08/Minute, and per SMS Text message $0.05 each, MMS Multimedia message $0.06 each.
– Additional Call Tracking #’s are available for $3.00/Month for Local Numbers, and $5.00/Month for Toll-Free #’s
– Phone support and coaching is up to 2 hours per month after go-live is complete. Additional Training and non-software development related implementation assistance and support is available for $75.00 per Hour.
– E-Sign usage via API integration with Groupdocs Signature includes 100 Signature Requests Per Month. Overage for Groupdocs E-sign is priced at $1.00 Signature Request over the usage limit. Groupdocs is a 3rd Party subject to change at any time.
– All prices are for hosting Law Ruler at our US Based cloud provider unless otherwise specified.
– Each Law Ruler user license includes a maximum of 2500 emails sent per month from Law Ruler. The price per email beyond the plan limit is: $0.02 / per Email beyond the monthly limit per user license.
– These prices are for licensing Law Ruler software only and do not include licenses for third party software such as Appointlet, Adobe, DocuSign, live chat providers, phone system/call center software, integrations to outside vendors or 3rd parties not named.
– Additional Professional Services and Software Consulting Labor are available for customization, integration with other software solutions, and any other needs that may arise for $150.00 per Hour. This could also vary based on Scope of Work.
– All Usage Prices are valid for the U.S. and Canada Only. Please inquire about rates in other locations.
– All accounts will require a minimum Voice/SMS Text Prepaid Refill of $50 to activate Voice/SMS Texts usage to cover any use. This will not be refilled until the amount is depleted.
– Maximum individual file size is 32MB per file, but can be higher depending on the file type. Please inquire with questions.
– Each user license includes 5GB of data storage. Data storage for additional 1GB of Data storage is $10/Month.
– All usage-based charges are subject to change at any time without notice, since Law Ruler Software, LLC is reliant on its vendors pricing for all usage-based services and will include, but not limited to Call Tracking Phone Numbers, Voice Calls, Call Recordings, Call Transcriptions, Caller Name Lookups, Text/MMS Messaging, Task Routing, E-Sign(if included), Data Storage, Cloud Hosting, and any other usage-based services.
– Law Ruler’s Web Services API may be used with a maximum of 1,000 API calls per user license per month. The calculation of the API request limit based on user licenses is designed to allow sufficient capacity for your org based on your number of users. If you need a higher limit and you don’t want to purchase extra user licenses or upgrade this capacity, then please contact your account representative.
“EXHIBIT A” Sample: