Terms & Conditions
Date of Last Revision: August 2018
BY REGISTERING FOR, ACCESSING, AND/OR OTHERWISE USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY FUTURE MODIFICATIONS, AND ALL POLICIES OF THE SITE ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE – AND ARE NOT AUTHORIZED TO USE – THE SITE.
WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THE SITE MAY BE TERMINATED IMMEDIATELY IN LEXYOM’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH THESE TERMS OR ANY ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
You are responsible for all compliance with laws and regulations which apply to you.
Our products description. Lexyom is designed to enable users to have easier access to legal information and to post details of matters in respect of which they require legal advice and/or assistance and receive responses from lawyers on the Site.
Consideration. You understand and agree that these Terms are entered into in consideration of your use of the Site and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
Changes to these Terms. The Site is owned and operated by Lexyom. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and without prior notice to you other than by posting the revised Terms on the Site. Such modifications shall be effective immediately upon posting. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. By using the Site after we have posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms.
Age requirement. You represent that you are over the age of 18. Lexyom does not target our content to children or teenagers under 18, and we do not permit any Users under 18 on our Site. If we learn of any User under the age of 18, we will terminate that User’s account immediately..
REGISTRATION AND PASSWORD
When you register with or log into this Site, you will need to use a user name and password. You are solely responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses and activities that occur under your password, regardless of whether they are authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password. The Company shall not be liable for any loss or damage arising from an unauthorized use of your registration or password.
INFORMATION ON THE SITE AND MONITORING
The Company, similar to any web service provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, the Company has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other Users are those of the respective author(s) or distributor(s) and not of the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
We provide a lawyer directory as a free public service, not a list of endorsements. You are solely responsible for assessing the quality, integrity, suitability and trustworthiness of all persons with whom you communicate regarding your legal needs.
In many instances, the content available through the Site represents the opinions and judgments of the respective information provider, User, or other Users not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized by the Company employee spokespersons while acting in official capacities. Under no circumstances will the Company be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site. The Company acts as a passive conduct for the distribution and publication of user-submitted material and has no obligation to screen or monitor said material. If notified by a user of material which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to Users for performance or nonperformance of such activities. The Company reserves the right to (a) expel users and prevent their further access to the Site for violating these Terms or the law, (b) remove communications which are abusive, illegal, or disruptive, or (c) take any action with respect to user-submitted material that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may incur any loss to the Company.
By submitting content to any public or non-public area of the Site, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.
Please be aware that we collect and process information about the device you use to access Lexyom to prevent fraud and you acknowledge that we may use third parties (and information they provide) to help us prevent fraud or unauthorized access to our Site. Fraudulent users will be prosecuted to the fullest extent of the law.
PACKAGES AND PAYMENTS
By providing and authorizing payments with your payment method information through the Site, you represent, warrant, and covenants that: (a) you are legally authorized to provide such information; (b) you are legally authorized to make payments using the payment method(s) provided; (c) if you are an employee or agent of a company or person that owns the payment method, that you are authorized by the company or person to use the payment method to make payments on Lexyom; and (d) such actions do not violate the terms and conditions applicable to your use of such payment method(s) or applicable law. When you authorize a payment via the Site, you represent and warrant that there are sufficient funds or credit available to complete the payment using the designated payment method. To the extent that any amounts owed under these Terms cannot be collected from your payment method(s), you are solely responsible for paying such amounts by other means.
Lexyom makes available trial offers for the limited use of the Site (each, a Trial Offer) to new customers who provide a valid payment instrument, such as a credit card or other payment method. If you choose to start a Trial Offer, you will automatically join the paid membership you have chosen at the end of the Trial Offer and you authorize the Company to charge your payment method a recurring monthly membership fee or annual membership fee, as applicable.
Lexyom may automatically charge you at the end of the trial or for a membership renewal unless you notify us that you want to cancel or downgrade your membership. To ensure uninterrupted service and to enable you to conveniently purchase additional products and services, Lexyom will store and update your payment method on file. If we are unable to charge your designated payment method for any reason, we reserve the right to automatically downgrade your paid plan to a lower-priced plan or to suspend your paid membership until your designated payment method can be charged again. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your membership.
We want you to be 100% satisfied with your use of the Site. If you are less than satisfied or believe there has been an error in billing, please contact us by email at firstname.lastname@example.org immediately so that we can help you resolve the issue. We do not offer refunds for the services purchased through the Site.
PROMOTIONAL CODES AND CREDITS
Lexyom may, in its sole discretion, create promotional codes that may be redeemed for account credit or other features or benefits related to a service, subject to the following terms and any additional terms that Lexyom established on a per promotional code basis (Promo Codes):
- Use of Promo Codes does not imply an attorney-client relationship. From time to time, lawyers may have access to discounts supplied by Lexyom, which, in part, use Lexyom’s funds to pay for a portion of the legal fees paid by Users to lawyers on the Site. The use of such coupons does not imply any attorney-client relationship between you and Lexyom where a coupon is used for any paid billings from a User.
- Promo Codes must be used by their intended audience, for their intended purpose and in a lawful manner.
Promo Codes may not be duplicated, sold or transferred in any manner, or made available to the general public unless expressly permitted by Lexyom. Promo Codes have no cash value and may expire or be disabled by Lexyom at any time, for any reason, prior to your use. Lexyom reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Lexyom determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal or in violation of the applicable Promo Code terms.
FOR LAWYERS ONLY
THIS SECTION CONTAINS SPECIAL TERMS THAT ONLY APPLY TO LAWYERS REGISTERED ON LEXYOM. REFER TO THE LEGAL SERVICES TERMS AND CONDITIONS FOR FURTHER DETAILS. When clients choose you for a legal service, you must be the one who calls them back. Clients are real clients, and they paid for your help and assistance, not the one of your receptionist, secretary, paralegal, another lawyer in your office, or anyone else.
Lexyom sets the pricing for legal services, and the prices clients pay are subject to change.
You agree to receive service-related text messages to the mobile phone number you provide during the enrollment process (or any number you provide in an update to your online account settings).
Payment is monthly: By the 10th of each month, you will get paid the entire amount paid by the client for your services fulfilled in the prior month, net of refunds. You will ONLY get paid if the call goes through our system. Clients are only charged, and you only paid, if you call through the call service provided by Lexyom. If the client calls you directly after purchasing a legal service, you need to tell them you’ll call them right back and call them through our platform on Lexyom. If you don’t do this, you won’t get paid, and you risk removal from the platform. It is critical that you meet or exceed all turnaround and response time expectations, without which you risk being removed from the platform.
You can choose, for many valid reasons (a conflict of interest, lack of experience in a particular legal issue, too busy, etc.) to turn a service down and not fulfill it even after a client has chosen you and paid for the service. The client will be refunded or connected to another lawyer. To turn down a service, email email@example.com with the client name, service name, and your request to decline the service. But, this should be used sparingly. You shouldn’t be offering services you don’t feel you can competently fulfill. If you think that you will not be able to do so for a reason or another, you should put your services on “pause” by turning your availability off. It is important for us that the client feel comfortable reaching for legal assistance through Lexyom, and trust that the lawyer they choose will be ready to actually provide the service they need. Therefore, you shouldn’t turn down services too often to avoid risking being removed from the Site.
We can remove or suspend you from the Site at any time at our discretion. Here is a non-exclusive list of why we might remove or suspend you:
- Turning down too many legal service users
- Low review scores
- Lengthy responses times (taking too long to call consumers back)
- Not calling clients back at all (i.e. not getting paid because a phone call did not go through our system)
OWNERSHIP AND PRESERVATION OF YOUR DOCUMENT
Lexyom does not claim ownership of any documents you either create or upload and store using our Site (“Documents“). You grant permission for Lexyom to use your Documents in connection with providing services to you.
You acknowledge and agree that Lexyom may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of Lexyom, its users and the public. You agree that Lexyom has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Site.
CONSENT TO RECEIVE EMAILS
By creating an account, you agree that you may receive communications from Lexyom, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “unsubscribe” link in the footer of the actual email.
LINKS TO OTHER SITES
The Site contains links or other connections to third party sites. The Company provides these links only as a convenience to you and does not endorse, and is not responsible for, the contents on such linked sites. Further, the Company is not responsible for any viruses’ accesses through said third- party. If you decide to access linked third party websites, you do so at your own risk.
Lexyom strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Lexyom cannot guarantee that all of the information on the Site is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Lexyom provides can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed lawyer within your jurisdiction.
The Site may contain inaccuracies or typographical errors. The Company makes no representations about the truthfulness, accuracy, reliability, completeness, or timeliness of the Site or any of its content or any material posted by users. The use of the Site and any reliance on material posted by other users is at your own risk. Changes are periodically made to the Site and may be made at any time.
THE COMPANY HAS NO CONTROL OVER THE INTERNET. HENCE, THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER (OR ANY SOFTWARES AND MATERIALS ACCESSIBLE THROUGH THE SITE) ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND ANY OF ITS CONTENT AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OR INABILITY TO USE THE SITE (OR ANY LINKED SITES) AND THE MATERIAL OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY. IF THIS LIMITATION OR LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO USD 100 PER OCCURRENCE.
Whilst we take steps to prevent misuse of our systems, we cannot warrant that Lexyom will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
Lexyom is a platform where lawyers can offer information and interact with users. We provide a number of methods by which you can purchase legal services or have a direct, confidential discussion of your legal issues with a lawyer. Lexyom is not a law firm, and we do not provide any legal services or legal advice. We are only acting as intermediaries between you and the lawyers on the Site.
Lexyom does not guarantee results. From time to time, Users may submit reviews of lawyers on the Site; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future legal matter. Lexyom will have no responsibility or liability of any kind for any user-generated content or legal advice you encounter on or though the Site. Any communication via Lexyom may not be held confidential. Lexyom is not liable for the actions or omissions of any lawyer performing consulting services for you.
NO ATTORNEY-CLIENT RELATIONSHIP
Content posted by lawyers in response to legal questions is not intended to be legal advice or form an attorney-client relationship between you and the Company or you and any lawyer on the Site. The legal information found on Lexyom is intended for general informational purposes only, should not be construed as legal advice on any subject matter and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephonic consultation with a lawyer licensed to practice in your jurisdiction about your specific legal issue, and you should not rely on such legal information. No recipient of content from this Site should act or refrain from acting on the basis of any content included in the Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests.
YOU AND YOUR LAWYER
We check that lawyers are qualified in the general legal field relevant to your query. Although we may generally suggest one or more lawyers based on your submitted request, we cannot make any kind of guarantee as to the legal ability, competence, or quality of the lawyers who may be listed on the Site. We do not warrant the accuracy, quality or completeness of any information or assistance obtained from lawyers. We do not direct, have any control over, or make any assurance or representation about any lawyer.
The lawyers you find through the Site are independent contractors who agreed to provide online answers, limited consultations and other basic legal services to Users. The lawyers are not Lexyom employees, so they are free to set their own terms and fees. Any interaction between you and any Lexyom lawyer on the Site is intended to be a starting point for dealing with a legal matter or addressing basic legal questions and any attorney-client relationship formed during the course of that interaction is strictly between you and the specific lawyer and expressly EXCLUDES Lexyom. We will not be a party to any contract made between you and any lawyer and therefore we shall not be liable for any loss or damage that result from any dealings between you and any lawyer. It is your responsibility to select a suitable lawyer and to negotiate the terms of any request to be performed by the lawyer. While our hope is that you will be happy with every lawyer you find through Lexyom, you should not engage any lawyer if you have any doubts or concerns about them. Lawyers are free to create and maintain a profile on Lexyom’s website. While Lexyom makes commercially reasonable efforts to confirm a lawyers’ license to practice law, Lexyom makes no representations about a lawyers’ background or qualifications.
LEXYOM SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL SERVICES RENDERED BY ANY LAWYER YOU ENCOUNTER ON OR THROUGH OUR SITE, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK.
In the unlikely event that you have a dispute with a lawyer, you must address such dispute directly to the lawyer concerned. However, you agree to notify the details of the dispute to us as soon as reasonably practicable. We can access any messages you send to a lawyer through the Site for fulfillment and quality assurance purposes. We cannot be involved in your dealings with lawyers. In the event that you have a dispute with one or more lawyers, by using Lexyom you release us from any and all claims, demands and damages of every kind arising out of or in any way connected with such disputes.
Lexyom lawyers may be compensated by Lexyom for services performed on your behalf, however, Lexyom does not receive any share of legal fees collected by any lawyers in our network. Lexyom will not influence or interfere in any way with a lawyer’s independent professional judgment the lawyer reserves the right to refuse to perform legal services on your behalf in his or her sole discretion.
It is solely the responsibility of lawyers on the Site to ensure that any information they post(including any legal information), and any communications they may have with prospective clients through the Site fully complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
INTELLECTUAL PROPERTY RIGHTS
This Site contains material which is owned by or licensed to the Company. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms.
The Company authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. This license to use the Site and its material is not a sale of any of the owner’s rights. The Site may be used only by you, and you may not rent, lease, lend, sub- license or transfer the Site or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Site. You may not transfer to or store any data residing or exchanged over the Site to any electronic network for use by more than one user unless you obtain prior written permission from the Company.
You shall retain all copyright, trademark, service-mark and other proprietary notices contained in the Site on any copy you make of the Site’s content. Except as otherwise expressly provided, you shall not sell, modify, reproduce, copy, display, perform, distribute, transfer, use, publish, license or create derivate works from any content contained in the Site. The use of the Site’s content on any other Site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the coding that the Company creates to generate its pages.
You shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The Company does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, you warrant that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other User to access, view, store or reproduce the material for that User’s personal use. You hereby grant the Company the right to edit, copy, publish and distribute any material made available on the Site by you.
The foregoing provisions apply equally to and are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
You agree that you will not use the Site for any illegal purpose. In addition, you agree that:
- You will not harvest, collect or otherwise use contact information made available on the Site for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, spam) and that you will not use any Lexyom communications facility to deliver or attempt to deliver spam.
- You will not attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means.
- You will not circumvent or attempt to circumvent any security or access control technology implemented on the Site, or the servers and network associated with the Site.
- You will not use the Site in any manner designed to degrade the performance or functioning of the Site, including, without limitation, launching Denial-of-Service (DoS) attacks against the Site.
While you use the Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained through your use of the Site. In addition, whether or not you have a commercial purpose, you agree not to:
- access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Lexyom or deep-link to any feature or content on the Site;
- violate the restrictions in any robot exclusion headers or bypass or circumvent other measures employed to prevent or limit access to the Site;
- take any action that imposes, or may impose, in the discretion of Lexyom, an unreasonable or disproportionately large load on the Lexyom infrastructure;
- deliver any unlawful (according to local or international law or regulation) postings to or through the Site, or any postings which advocate illegal activity;
- deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
- deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals, including Lexyom employees, on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- deliver or provide links to, any postings containing defamatory, false or libelous material;
- deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
- deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships;
- impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
- restrict, discourage or inhibit any person from using the Site, disclose personal information about a third person on the Site or obtained from the Site without the consent of such person or collect information about Users;
- manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
- use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment or otherwise attempt to use or access any portion of the Site other than as intended by Lexyom;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses, names or personally identifiable information;
- reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Site, use of the Site, access to the Site or content obtained through the Site, for any purpose other than expressly permitted by these Terms; or
- assist or permit any persons in engaging in any of the activities described above.
TERMINATION AND EQUITABLE RELIEF
In the event of any breach by you of these Terms or if the Company is unable to verify or authenticate any information you submit, the Company may, at its sole discretion, pursue all of its legal remedies, including, but not limited to, deletion of your postings from the Site and/or immediate termination of your registration or ability to access the Site or any other service provided to you by the Company. The Company shall have the right to terminate your ability to access the Site at any time without notice and to discontinue or modify any of the information contained on the Site, or the Site itself, at any time. Given the nature of these Terms, you understand and agree that, in addition to money damages, the Company shall be entitled to equitable relief upon a breach of them by you.
WAIVER, SEVERABILITY, AND ASSIGNMENT
Lexyom’s failure to enforce a provision of the terms shall not be considered a waiver of its right to do so later. If any provision of these terms is found unenforceable, the remaining provisions of the terms remain in full effect. The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms. You may not assign any of your rights under these terms, and any attempt to do so will be void. Lexyom may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the services that Lexyom provides.
1.1. Validity of Terms and Conditions. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that the fact that these Terms are in electronic form does not affect in any way their validity or enforceability. You also agree that the clicking of the button “Accept” on the Site constitutes your valid and legal signature.
1.2. Force Majeure. Neither party shall be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the party’s reasonable control, including, a significant failure of the Internet, fire, flood, acts of God, explosion, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, or civil or military authority.
1.3. No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lexyom as a result of these Terms or use of the Site.
1.4. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
1.5. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it amicably. You may send us the details of your concern to firstname.lastname@example.org. However, if Lexyom is not able to informally resolve your complaint, you and Lexyom agree to individual binding arbitration before the International Court of Arbitration of the International Chamber of Commerce (ICC) and you and Lexyom agree that your dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules.
You and Lexyom are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Terms and the termination of your Lexyom account.
YOU AND LEXYOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
Any arbitration must be commenced by filing a demand for arbitration with the ICC within ONE (1) YEAR from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
In the event that arbitration is found to be inapplicable or unenforceable for any reason, the claim at issue will be brought under judicial proceedings in the courts of Beirut, Lebanon and you and Lexyom consent to personal jurisdiction and exclusive venue in such courts.
1.6. Termination. These Terms, as amended, will be effective commencing with your first use, pre- registration or registration of the Site and will remain in full force and effect throughout your use of the Site. Notwithstanding any of these Terms, Lexyom reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site. Lexyom reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Site for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Site, or any other data. You are free to terminate your use of the Site at any time. You can simply choose to stop visiting or using any aspect of the Site. If you wish to terminate your account on the Site, you may do so by sending an email to email@example.com or using any other account termination functionality that may be offered through the Site.
1.7. Entire Agreement. These Terms constitute the entire agreement between you and Lexyom with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.
1.8. Questions and Contact Information. If you have any question regarding the use of the Site, please send your requests or comments about the Site or its contents to firstname.lastname@example.org.