TERMS OF USE
Last update: May 22, 2012 at 21:39 PST

By the purchase, use, and/or viewing (hereinafter collectively known as “use”) of Lexplique LLC’s products and services, which include but are not limited to: software, model language, model clauses, model contracts, model agreements, translations, definitions, citations, explanations and/or any other products or services which are currently or may be offered in the future (hereinafter collectively known as “content”) by Lexplique LLC, You expressly agree to the present Terms of Use and Lexplique LLC's Privacy Policy, found at http://lexplique.com/privacy.html and herein incorporated to these Terms of Use by reference, as well as the terms that follow and all associated terms. Please ensure that You read these terms carefully; they apply to You. Lexplique LLC may provide additional products and services to which separate terms and conditions may apply and which may become part of the present agreement. Any such changes will take effect immediately and take precedence over any provisions, which may conflict with the present Terms of Use. You hereby acknowledge that Lexplique LLC’s Terms of Use and Privacy Policy may change, at Lexplique LLC’s sole discretion, and at any time, without giving You notice. You are responsible for checking Lexplique LLC’s terms and conditions regularly. In the event that a specific term or condition is deemed unenforceable, the other terms and conditions set forth by Lexplique LLC will remain in full force and effect. You accept that it is Your sole responsibility to review Lexplique LLC's Terms of Use regularly to check for updates. You agree to accept any changes to the Terms of Use and/or privacy and accept that You will be bound by any deletions, modifications, and additions (hereinafter collectively known as “modifications”) thereto. If You use content accessed by way of Lexplique LLC’s provision of products and/or services, You agree to comply with all the terms that Lexplique LLC sets forth, which will govern Your use of that content. In the event that there is a conflict between the present Terms of Use and the future terms and conditions as modified by Lexplique LLC, the future terms will take precedence over the present Terms of Use with respect to that conflict. You are strictly prohibited from any attempt to access Lexplique LLC’s content in any manner other than the manner, which Lexplique LLC has expressly intended. In addition, You shall not use Lexplique LLC’s content in violation of any law, including re-export and export control laws and regulations. If Lexplique LLC suspects that You fail to comply with these Terms of Use or its Privacy Policy or any other terms and conditions set forth by Lexplique LLC, Your continued right to use content may be terminated, either temporarily or permanently, or suspended, at Lexplique LLC’s sole discretion and without giving You a refund. Lexplique LLC reserves the right to cease offering You services at any time and in its sole discretion if it believes that You are in violation of its Terms of Use or in violation of any other applicable laws and/or if Lexplique LLC believes that it must do so because it could be held in violation of a law. Lexplique LLC’s failure to take immediate action against you for violating its Terms of Use and conditions will not bar it from pursuing claims or causes of action against You in the future. In addition, delayed action does not constitute a waiver of any means of any of Lexplique LLC’s rights. You do not own any intellectual property rights in Lexplique LLC’s content nor in any content that is accessed through Lexplique LLC. You shall not use content without express, written, and signed permission from the intellectual property rights’ holder. Lexplique is a registered Trademark of Lexplique LLC. You shall not use Lexplique LLC’s name, logo, branding, marketing, and/or advertising except for the sole purpose of acknowledging Lexplique LLC’s intellectual property rights.  If any terms, conditions, policies, or other legal language is displayed in our content, You shall neither modify, delete, nor obscure them in any way; such terms shall remain legible and expressly displayed in the same manner as Lexplique LLC intended with their corresponding content. In the event that Lexplique LLC displays content that does not belong to Lexplique LLC, such content is subject to the terms of use and privacy policies of its content-holder. In addition, Lexplique LLC shall not be responsible for the contents of third-party content, whether by way of forums, third-party websites, or otherwise, as such content is the exclusive responsibility of the business entity or individual who provides access to that content. Lexplique LLC may send You periodic e-mails, which contain information about its content, products and services. You may always and at any time choose to opt out of receiving information from Lexplique LLC. You may be required to set up an account with Lexplique LLC in order to gain access to content. Accounts are specific to their owners unless otherwise expressly agreed in writing by Lexplique LLC and shall not be shared with any third parties.  Lexplique LLC’s products and services may allow You to submit certain information and/or content. When You submit content by way of Lexplique LLC’s products and services, You grant Lexplique LLC an unlimited, international license to publish, distribute, communicate, perform and display, both publicly and privately, use, reproduce, modify, store, and create derivative works with the content You submit. Your content will be used exclusively to improve Lexplique LLC’s products, services, and further content provided to users, as well as its development, operation and promotion of content, products, and services. Should Lexplique LLC wish to enhance, modify, or improve its products, content, or services, based on content You submit, Lexplique LLC will have no obligation to You, financially (i.e., You shall not receive any royalties) or otherwise and Lexplique LLC has no obligation to cite You as the submitter of any content. Lexplique LLC’s software may include automatic updates, as new features and/or content become available from time to time. Lexplique LLC authorizes You to use its software, but does not give You intellectual property rights in its software or its software’s content. You are awarded a personal, non-exclusive, non-assignable license. Your use is restricted to that which is authorized, as set forth in the present Terms or any future terms and conditions, which may apply. You shall not distribute, copy, alter, lease or sell Lexplique LLC’s content or software. Attempts to extract Lexplique LLC’s source code and/or content by reverse engineering or otherwise are strictly prohibited and will be punished to the fullest extent under the law. Lexplique LLC’s content, products, and services are all subject to change, whether because certain provisions are removed, added to, or modified. If You do not agree to any portion of Lexplique LLC’s: Privacy Policy, Terms of Use, and/or any future modifications made to either agreement, You must immediately cease and desist all use of Lexplique LLC’s products and services. Only parties who accept all of Lexplique LLC’s terms and conditions are authorized to use its products and services. Nothing in these Terms of Use shall confer any third-party rights or benefits. Lexplique LLC’s intended Users are individuals, however, individuals may use Lexplique content, products, and services on behalf of a business, law firm, or other legal entity (hereinafter collectively referred to as “Entity”). If such is the case, Entity shall accept and be subject to all of the present terms. That business shall indemnify and hold Lexplique LLC, as well as its owners, agents, officers, directors, contributors, and interns harmless from any claim, cause of action, or lawsuit, liability, and costs which may arise from claims, causes of action, lawsuits, damages, litigation costs, attorney fees, and any other losses, which may arise from the present Terms of Use or any future terms and conditions to which it may be subject.  Note that data use charges for using Lexplique LLC's products may apply. You are responsible for monitoring your data use and Lexplique LLC shall not be held liable for any data use charges. Our products may redirect you to other companies' websites, which are subject to their own terms of use and privacy policy that may apply to You. You are responsible for reading, agreeing to, and complying with those terms and policies. Voices in Lexplique LLC's software are powered by iSpeech, in accordance with our Legal Info section. Data use charges through iSpeech may apply as well, for which Lexplique LLC will not be held responsible. You must not, under any circumstances, communicate confidential information via Lexplique LLC's products or through any of its sharing features. You are responsible for monitoring whether the information you communicate is confidential. If Lexplique LLC is ever sued as a result of information that you communicate, you shall indemnify Lexplique LLC and hold it harmless.

NO LEGAL ADVICE AND NO ATTORNEY-CLIENT RELATIONSHIP.

THE PROVISION OF CONTENT DOES NOT CONSTITUTE THE RENDERING OF LEGAL ADVICE OR SERVICES. YOUR USE OF CONTENT SHALL NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. LEXPLIQUE LLC IS NOT ENGAGED IN THE PRACTICE OF LAW AND DOES NOT GUARANTEE THAT ANY CONTENT COMPLIES WITH THE RELEVANT LAWS IN YOUR RESPECTIVE JURISDICTION.  LEXPLIQUE LLC EXPRESSLY AND STRONGLY ADVISES YOU TO SEEK THE ADVICE OF A QUALIFIED ATTORNEY WHO IS LICENSED IN THE RELEVANT JURISDICTION. NO WARRANTIES AND NO GUARANTEES. USE LEXPLIQUE LLC’S CONTENT AT YOUR OWN RISK. LEXPLIQUE LLC MAKES NO GUARANTEES ABOUT ANY OF ITS CONTENT, PRODUCTS AND/OR SERVICES. YOU SPECIFICALLY UNDERSTAND AND ACCEPT THAT LEXPLIQUE LLC DOES NOT GUARANTEE THE ACCURACY, LEGALITY, COMPREHENSIVENESS, AND/OR CORRECTNESS, OF ANY CONTENT NOR DOES IT OFFER ANY OTHER WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED. MOREOVER, LEXPLIQUE LLC DOES NOT OFFER ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR MERCHANTABILITY OR ANY OTHER IMPLIED WARRANTIES (SEE BELOW). LEXPLIQUE LLC SHALL NOT BE LIABLE FOR ANY BUGS, ATTACK, VIRUSES, HACKING, INTERFERENCE WITH OR ANY OTHER SECURITY INTRUSION THAT MAY AFFECT YOUR DEVICE. YOU ARE EXCLUSIVELY RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR DEVICE. LEXPLIQUE LLC DISCLAIMS ANY LIABILITY RELATING TO ANY INTERRUPTION OR CESSATION OF TRANSMISSION FROM ITS PRODUCTS AND/OR SERVICES. LEXPLIQUE LLC DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT INFORMATION INCLUDED IN THE CONTENT. WHILE LEXPLIQUE LLC MAKES STRIDES TO ENSURE THAT YOUR SOFTWARE FUNCTIONS PROPERLY, IT DOES NOT GUARANTEE THAT THE SOFTWARE WILL BE FUNCTIONAL AT ALL TIMES NOR DOES IT GUARANTEE THAT THE CONTENT AND/OR SOFTWARE WILL ALWAYS FULFIL YOUR NEEDS, THAT THE SOFTWARE NOR THAT ITS CONTENT IS FULLY RELIABLE. ALL CONTENT AND SOFTWARE IS OFFERED “AS-IS”. WAIVER OF YOUR RIGHT TO SUE LEXPLIQUE LLC. YOU AGREE TO WAIVE ALL YOUR RIGHTS TO SUE LEXPLIQUE LLC, ITS DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, INTERNS AND CONTRIBUTORS FOR ANY DAMAGES ARISING FROM THE USE OF CONTENT. LEXPLIQUE LLC, ITS DIRECTORS, EMPLOYEES, OFFICERS, CONTRIBUTORS AND AGENTS SHALL NOT BE HELD RESPONSIBLE FOR ANY LOST PROFITS, REVENUE, COMPROMISED DATA, PECUNIARY LOSSES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, AND/OR ANY OTHER DAMAGES THAT MAY ARISE FROM THE USE OF LEXPLIQUE LLC’S PRODUCTS AND SERVICES. MOREOVER, LEXPLIQUE LLC SHALL NEVER BE HELD LIABLE FOR UNFORSEEABLE DAMAGES. IN ALL CASES, LEXPLIQUE’S LIABILITY FOR ANY AND ALL DAMAGES RESULTING FROM THE USE AND/OR MISUSE OF LEXPLIQUE LLC’S CONTENT SHALL BE LIMITED TO $1.00 (ONE UNITED STATES DOLLAR). THIS LIMITATION OF LIABILITY SHALL APPLY TO THE GREATEST EXTENT PERMITTED UNDER CALIFORNIA LAW. IN ANY EVENT, A RELEVANT COURT IN SAN FRANCISCO, CALIFORNIA, USA, SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY CLAIMS INVOLVING THE USE OF LEXPLIQUE LLC’S PRODUCTS AND SERVICES. YOU CONSENT TO PERSONAL JURISDICTION IN THE ABOVEMENTIONED COURTS. CALIFORNIA LAWS SHALL EXCLUSIVELY APPLY TO THIS AGREEMENT, AND ALL CLAIMS AND DAMAGES THAT MAY RESULT FROM CONTENT, YOUR USE, AND ANY OF LEXPLIQUE LLC’S PRODUCTS AND SERVICES. 

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