LAWS/Pro License Agreement & Disclaimer
By signing up to use the services provided by DeskTop Business Solutions, LLC. ("PROVIDER"),
you agree to and accept, and any use thereafter (including any use by any other
person under your user identification and password), constitutes acceptance
of and agreement to, the following terms and conditions:
You agree to pay all applicable subscription, service and use fees established
by PROVIDER as posted on this website or as otherwise established by prior
written agreement with PROVIDER, plus any applicable taxes, which PROVIDER may add
to and include in its charges. All charges are due and payable prior to use of the
LAWS/Pro application by one of the following methods:
(1) Online credit card debit processed through secure payment services,
(2) Online checking account debit processed through secure payment services,
(3) DeskTop Business Solutions, LLC pre-authorized electronic bank-to-bank payment, or
(4) DeskTop Business Solutions, LLC pre-authorized regular check.
Any charges not paid when due accrue interest at the rate of 1.5% per month (APR, 18%),
or the highest rate permitted by law, whichever is less. You also agree to pay all
reasonable attorneys' fees, costs and other expenses incurred by PROVIDER for the
collection of any delinquent amounts or for the enforcement of the provisions herein.
USE LIMITATIONS AND PROHIBITIONS
In consideration of the applicable subscription fees established by PROVIDER,
and subject to the terms, conditions and disclaimers herein, PROVIDER grants
you a personal, single, nonexclusive, nontransferable license to use its services.
No material from PROVIDER or affiliated websites may be copied, reproduced,
republished, transmitted, or distributed in any way, except for
(1) your personal use,
(2) material that is considered to be public information, or
(3) material you have created. All rights to any copyrights, trademarks,
service marks, and trade names are reserved. Any transmission, distribution or
republishing of any material that is in any way defamatory, obscene,
pornographic, threatening, harassing, abusive, in violation of anyone's property,
privacy or civil rights, or is otherwise illegal or tortuous, is strictly prohibited.
You agree to not use PROVIDER's e-mail for chain letters, junk mail,
"spamming," or any solicitations (except as directly related to your practice).
You are solely responsible for any information, materials and data transmitted
by using PROVIDER's services and for any direct, indirect, consequential,
incidental or special damages resulting therefrom, and PROVIDER shall
have no liability therefor.
LIABILITY LIMITATIONS AND DISCLAIMERS
PROVIDER will exercise reasonable care and utilize measures reasonably available
to maintain the integrity, confidentiality and privacy of its service and
transmitted data without allowing any unauthorized access thereto and without
interruption. However, the use of PROVIDER is on an "as is" and "as available"
basis and is provided without warranties of any kind, either express or implied.
Any material, information or data downloaded from or obtained through the use
of PROVIDER, is at your own risk, and PROVIDER shall not be responsible for
any damage to your computer system, software or loss of data that may result
therefrom, or for loss of login identification or password.
To the fullest extent allowed by law, PROVIDER DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND PROVIDER DISCLAIMS ANY LIABILITY
FOR INTERRUPTIONS, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS BEYOND
ITS CONTROL. PROVIDER DISCLAIMS ALL LIABILITY FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM
THE USE OF OR INABILITY TO USE ITS SERVICES, THE INFORMATION OR DATA
PROVIDED THEREFROM, OR FROM ANY UNAUTHORIZED ACCESS TO, USE OR
ALTERATION OF, ANY TRANSMISSIONS OR DATA UNLESS PROVIDER IS AT
FAULT THEREFOR. IN NO EVENT SHALL PROVIDER'S TOTAL LIABILITY FOR DAMAGES,
LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNTS PAID BY USER FOR PROVIDER'S
SERVICES. PROVIDER ALSO DISCLAIMS ALL LIABILITY RELATING TO ANY INFORMATION,
DATA OR OTHER MATERIALS TRANSMITTED OR PROVIDED BY USERS, SUBSCRIBERS, OR
OUTSIDE SERVICES AND RESOURCES THAT MAY APPEAR HEREIN AS LINKS TO OTHER
WEBSITES, AND ALL LIABILITY AS TO THE APPROPRIATENESS AND ACCURACY OF ANY
MATERIALS OR INFORMATION PROVIDED HEREIN RELATING TO THE USE OF THOSE
MATERIALS OR INFORMATION IN ANY PARTICULAR JURISDICTION.
Access to and operation of PROVIDER's website may be temporarily unavailable
or interrupted from time to time due to service and equipment problems,
modifications, repairs or upgrades. No reduction of charges will be made
for such temporary interruptions, except that upon request, subscription
periods will be extended day for day for each day that the website is
inoperable or inaccessible for more than four business hours. However,
in no event shall PROVIDER be liable to you or any third party for any
damages or reductions in charges for any interruptions or transmission
delays beyond its control, including those caused by Internet service
providers or Users.
You agree to indemnify, hold harmless, and defend without reservation
PROVIDER, its affiliates, employees, agents, content providers and
service providers, against any and all claims, liabilities, damages,
costs and expenses, including consequential, incidental, special and
punitive damages, attorneys' fees, expenses and costs, arising from or
relating to any use of PROVIDER's services that violates these provisions
or any applicable law.
You may cancel the subscription at any time upon written notice by
e-mail or by U.S. Mail to PROVIDER, which shall be effective upon
PROVIDER's receipt of such notice. PROVIDER reserves the right to
terminate, without advance notice or liability, your subscription
if, in its sole discretion, it determines that you have violated
any of the above provisions or applicable law. PROVIDER also
reserves the right to terminate your subscription for any other
reason upon 30 days prior notice sent by e-mail to your PROVIDER
e-mail address, or by U.S. Mail to your last known address.
You are responsible for providing PROVIDER written notification
of any changes to those addresses. If termination occurs other
than for your violation, PROVIDER will refund any prepaid charges
on a pro rata basis for any remaining term of the subscription,
except that during the first 30 days of your subscription, PROVIDER
will refund the full amount paid. PROVIDER shall not have any
other liability to you or any third party for terminating or
failing to terminate its service or subscription. Upon notice
of termination, you shall immediately cease all use of PROVIDER's
services, but you shall remain liable for all unpaid fees and
charges incurred prior to the date of the termination, and all
relevant provisions herein shall survive such termination.
PROVIDER shall retain your data (for time and billing, document
and case management, e-mail and calendaring) for 60 days from
the date service is terminated. PROVIDER shall have no responsibility
or liability to you or any third party for the deletion or failure
to store or maintain such data after that time, or if you have not
paid for PROVIDER's services.
If any dispute arises under these provisions, it first shall be
submitted to binding arbitration under the auspices and rules
of the American Arbitration Association. These provisions shall
be governed by, and be construed in accordance with, the laws
of the State of Arizona. Any arbitration, action at law or in
equity relating thereto shall be filed and held in Maricopa County,
Arizona, and you agree to submit to the personal jurisdiction of
such forums for resolution.
Except as otherwise provided in writing signed by an authorized
agent of PROVIDER, this Agreement constitutes the entire agreement
governing the use of and subscription to PROVIDER's services
regardless of any prior or subsequent verbal representations.
However, PROVIDER shall have the right to modify these provisions
and to change or discontinue any part of its service at any time.
Such modifications shall be effective immediately upon posting of
a notice thereof on PROVIDER's website, and any use of PROVIDER's
services thereafter shall constitute your acceptance of and agreement
to such modifications. If any provision herein shall be deemed invalid
or unenforceable for any reason, that provision shall be deemed
severable and shall not affect the validity and enforceability of
any remaining provisions.