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LEGAL STEPZ USER AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE "ORDER NOW" BUTTON ON THE ORDER FORM REFERENCED HEREIN, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING LEGAL STEPZ'S PRIVACY POLICY & ACCEPTABLE USAGE POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
1. Introduction
This User Agreement ("Agreement") is an agreement between Legal Stepz, a California corporation, (hereinafter “Legal Stepz”) and the party set forth in the related order form (Customer) attached hereto and hereby incorporated by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services (collectively, the "Services") ordered by Customer on the Order Form or through any other channels Legal Stepz provides to order and upgrade service. Such party is referred to in this Agreement as "Customer" or "you". Legal Stepz reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by Legal Stepz. Activation of the Services shall indicate Legal Stepz's acceptance of this Agreement. Subject to the terms and conditions of this Agreement, Legal Stepz will provide to Customer the Services selected by Customer set forth on the Order Form. Legal Stepz reserves the right to refuse service to anyone. (Legal Stepz does not discriminate against anyone for any reason (race, religion, gender, national origin,)
2. Amendment of Agreement.
Legal Stepz may amend or otherwise modify this Agreement. Customer agrees that Legal Stepz's posting of any amendments or modifications to this website (https://www.legalstepz.com) shall constitute adequate notice to Customer and that Customer shall periodically consult this web page for any changes or amendments to this Agreement. Legal Stepz may, but is under no obligation to, provide additional notice of any amendment, modification or update of this Agreement via e-mail to Customer. If any material modification to this Agreement is unacceptable to Customer, it shall be Customer's responsibility to terminate their subscription as provided in Section 3 of this Agreement. If Customer does not terminate the Agreement within ten (10) days of the material modification, then Customer's continued use will mean that Customer has accepted the amended or modified Agreement.
3. Duration of Agreement and Cancellation Policy.
3.1 - The Initial Term shall begin upon confirmation (receipt of lawful funds) of Customer's order or commencement of the Services to Customer and the Term's length shall be indicated in the Order Form. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein. During the Term, and other as specified herein, this agreement cannot be terminated by customer for any reason.
3.2 - This Agreement may be terminated by Customer at the renewal/anniversary date by giving Legal Stepz written notice at least thirty (30) days prior to the renewal/anniversary date of the Term, or by Legal Stepz for any reason, at any time, without notice. In the event of termination prior to the renewal/anniversary date by Legal Stepz , Legal Stepz’s sole liability shall be to refund Customers unused service time prorata.
3.3 - If Legal Stepz cancels this Agreement pursuant to this Agreement, Legal Stepz shall not refund to Customer any fees paid or prepaid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. Prepaid trademark monitoring or other fees related to trademarks or domains are not refundable, if Legal Stepz terminates this agreement for breach of this Agreement. Due to the fact that damages are difficult to ascertain and Customer consents that $10.00 per monitored domain is reasonable, Customer agrees to pay Legal Stepz as liquidated damages US$10.00 Breach-Of-Contract fee per trademark monitored and account. This fee is specifically agreed on by Customer and Legal Stepz.
3.4 - If prior to the end of the agreed on Term, Customer cancels the Services for any reason, or Legal Stepz terminates the Agreement due to Customer's breach of the Legal Stepz User Agreement or Acceptable Usage Policy, Customer will be charged a US$100.00 Breach-Of-Contract fee per trademark monitored and per account separately. Client also forfeits any prepaid service fees. At no time shall customer receive a refund of any prepaid service fees.
3.5 - All sales are final! Except for a cancellation within the first thirty (30) days after activation of the service (Limited Money-Back Guarantee) there is no "Cooling-Off Period" and Customer can not cancel this Agreement, other than provided in 3.2, prior to the end of the Term as provided herein in for any reason. If Customer cancels this Agreement before the end of the term customer shall receive no refund for any prepaid trademark monitoring fees and any such fees shall be forfeited. In the event that Customer cancels within thirty (30) days of ordering the service by completing a cancellation notice directly to Legal Stepz. Legal Stepz will refund the prepaid trademark monitoring fees only to Customer. Setup fees, fees for additional services as well as fees paid for domain name registration or costs are always non-refundable. Customer acknowledges and agrees that the Contact Us at https://www.Legal Stepz.com/contact us is the ONLY WAY TO EFFECTIVELY CANCEL a trademark monitoring account with Legal Stepz and meet potential deadlines to trigger Legal Stepz's limited Money-Back Guarantee or to avoid automatic renewal. Any cancellation requests send to or directed to Legal Stepz by email and/or phone and/or regular mail shall be null and void. Customer also agrees that any request for a refund shall be forfeited, if the Cancellation Request Form is not requested and timely returned to Legal Stepz and has not been used to cancel a trademark monitoring account.
4. Billing and Payment.
4.1 - All fees for Courses are due in advance and shall be in accordance with Legal Stepz's fee schedule, which is incorporated herein by reference and may be amended from time to time. In the event that customer elects to pay with a credit card Customer authorizes Legal Stepz to charge all fees owed to such credit card at the time the order is made. Customer agrees to pay a $25.00 (twenty-five dollars) late fee if customer's account or accounts become more than ten (10) calendar days overdue or if Customer's credit card is not accepted when a charge is processed.
4.2 - Customer agrees that Legal Stepz shall charge when the order is made under this Agreement to the credit card supplied by Customer and customer specifically agrees not to charge back any payments Legal Stepz processes through Customer's credit card.
4.3 - Customer acknowledges and specifically agrees that chargeback’s - which might occur if Customer disputes Legal Stepz charges directly with Customer's credit card bank - are unlawful if Legal Stepz's has provided access to the services or products offerred. If customer has a fee dispute with Legal Stepz You hereby agree to settle such dispute with Legal Stepz directly without initiating any chargeback procedures.
4.4 - Returned and refused checks will be assessed a $50.00 charge. Incoming wire transfers will incur a $25 charge.
4.5 - In the event of a default, Customer agrees to be responsible for all breach-off-contract fees, late fees, collection fees and expenses as well as reasonable attorneys’ fees and expenses.
5. Legal Stepz as Reseller or Licensor.
Legal Stepz in certain circumstances is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Legal Stepz Product"). Legal Stepz shall not be responsible for any changes in the Services that cause the Non-Legal Stepz Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Legal Stepz Product either sold, licensed or provided by Legal Stepz to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of Legal Stepz's obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-Legal Stepz Product are limited to those rights extended to Customer by the manufacturer of such Non-Legal Stepz Product. Customer is entitled to use any Non-Legal Stepz Product supplied by Legal Stepz only in connection with Customer's permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by Legal Stepz to Customer through any Non-Legal Stepz Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-Legal Stepz Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
6. Customer Owns the trademark or is authorized to Monitor for legitimate legal purposes
Customer hereby agrees that they own the trademark monitored or are authorized to monitor the trademark under the services offered in this Agreement. Customer warrants that the monitoring is for legitimate business purposes and not unlawful in any manner whatsoever.
7. Intellectual Property Rights.
Customer acknowledges that Legal Stepz owns all trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the Services and their provision. Customer further acknowledges and agrees that nothing in this Agreement shall constitute a license to Customer to resell or trade under any of Legal Stepz's intellectual property.
8. Disclaimer of Warranty.
Customer agrees that its use of Services and its reliance upon information provided by Legal Stepz are entirely at Customer's own risk. Customer acknowledges and agrees that Legal Stepz exercises no control over, and accepts no responsibility for, the content of data, scripts, or other information passing through Legal Stepz's host computers, network hubs and points of presence or the Internet, the accuracy or timeliness of any information provided Client by Legal Stepz . THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER LEGAL STEPZ, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,SUBSIDIARIES OR AFFILIATES MAKES ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FOR THE SERVICES OR ANY EQUIPMENT PROVIDED IN CONJUNCTION THEREWITH. NEITHER LEGAL STEPZ NOR ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES MAKES ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. LEGAL STEPZ IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY LEGAL STEPZ. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY LEGAL STEPZ SHAREHOLDER, DIRECTOR, OFFICER,EMPLOYEE, OWNER, OR AGENT WILL CREATE A WARRANTY; NOR MAY CUSTOMER OR ANY OF CUSTOMER'S SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
9. Indemnification.
Customer agrees to indemnify, defend and hold harmless Legal Stepz and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer's use of the Services, any violation by Customer of this agreement, any breach of any representation, warranty or covenant of Customer contained in this Agreement or any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
10. Limitation of Liability.
10.1 - Customer agrees neither Legal Stepz nor any of its employees, owners, or agents shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or otherwise unauthorized means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Legal Stepz at the time) which may exist in the Services or Legal Stepz's equipment used to provide the Services.
10.2 - Under no circumstances, including negligence, shall Legal Stepz or any of its employees, owners, or agents be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Legal Stepz has been advised of the possibility of such damages. No Legal Stepz Person shall be liable to Customer, any of its customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Legal Stepz's records, programs, equipment or services.
10.3 - Notwithstanding anything to the contrary in this Agreement, Legal Stepz's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims regardless of the legal theory or the nature of the cause of action shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the twelve (12) month period prior to the date the cause of action arose or the injury or loss occurred.
10.4 - Customer understands, acknowledges and agrees that if Legal Stepz takes any corrective action under this Agreement because of an action of Customer or one its customers that corrective action may adversely affect other customers of Customer or other Reseller Customers, and Customer agrees that Legal Stepz shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by Legal Stepz.
10.5 - This limitation of liability reflects an informed and voluntary allocation of risks between the parties and applies to risks both know and unknown that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
11. Prohibited Uses and Activities
Legal Stepz may immediately take corrective action, including removal of all or a portion of the Customer's content, disconnection or discontinuance of any Services if Customer, or anyone accessing Customer's account or server space, engages in any of the prohibited Uses or Activities set forth in this agreement. Customer hereby agrees that Legal Stepz shall have no liability to Customer or any of Customer's customers due to any corrective action that Legal Stepz may take (including, without limitation, disconnection of Services).
A. Violations of Intellectual Property Rights
Customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Any violation of any individual or entity's intellectual property rights including, rights of privacy and rights of publicity are prohibited. Legal Stepz is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
B. Spamming
Customer agrees not to send spam or resell its services to anyone who sends spam. The term "spam" includes, but is not limited to, the sending of unsolicited bulk and/or commercial e-mail messages over the Internet or maintaining an open SMTP policy. In the event of a dispute Legal Stepz reserves the right to determine, in its sole and discretion, whether e-mail recipients were from an opt-in email list.
C. Misrepresentation of Transmission Information
Customer agrees not to forge, misrepresent, omit, or delete message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of any message or to resell services to anyone who engages in said conduct.
D. Viruses and Other Destructive Activities
Use of the Services for creating or sending malicious, destructive or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial-of-service attacks is prohibited and is a breach of this agreement. Customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment).
E. Malicious or Unauthorized Hacking
Customer agrees to not conduct or promote any "Hacking" activity and agrees that "Hacking" as herein defined includes but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of Customer is a material breach of this Agreement.
D. Export Control Violations
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited.
F. Child Pornography
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Legal Stepz will as be required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
G. Other Illegal Activities
The use of the Services to engage in any activities that are determined by Legal Stepz, in its sole and absolute discretion, to be illegal or which in Legal Stepz's opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Legal Stepz will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
H. Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
I. Other Prohibited Activities
Engaging in any activity that, in Legal Stepz's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Legal Stepz's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Legal Stepz's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Agreement. In addition, the failure by a Customer to cooperate with Legal Stepz in correcting or preventing violations of this Agreement by, or that result from the activity of, a customer of the Subscriber is a violation of this Agreement.
12. Copyright Notice Infringement Information
Pursuant to the Digital Millennium Copyright Act, Legal Stepz has adopted a policy that provides for termination of websites hosted by Legal Stepz that are found to infringe on copyrights of third parties. Customer expressly acknowledges that they are aware of this provision and Customer waives any claims it may have should it be injured by the enforcement of this provision. If a copyright holder believes that there has been a violation of their copyright on a website that is hosted by Legal Stepz and the copyright holder demands that Legal Stepz remove the website or disable the material in question, Legal Stepz will remove the website or disable the material if the copyright holder provides Legal Stepz with all of the following information:
A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
1. Identification of the copyrighted work that is claimed to have been or being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
3. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
4. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
13. Disclosure of Customer Information and Legal Process
Although Legal Stepz will ordinarily maintain strict Customer confidentiality there are certain exceptions where Legal Stepz may disclose any information in its possession, including, without limitation, information about Subscribers, Internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or official governmental request, to protect Legal Stepz or others from harm, and/or to ensure the proper operation of the Services. Legal Stepz has no obligation to notify any person, including the Subscriber about whom information is sought, that Legal Stepz has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.
14. Force Majeure.
Legal Stepz shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, riot, terrorist activity, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
15. Governing Law; Jurisdiction; Arbitration.
This Agreement shall be governed in all respects by California law without regard to the conflict of law provisions thereof. Both parties CONSENT to personal jurisdiction in Studio City, California. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, shall be subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing Commercial Arbitration Rules (collectively, the "AAA Rules") and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California, or any other place selected by mutual agreement of the parties. An award rendered in connection with an arbitration pursuant to this Section shall be final and binding upon the parties and the parties agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitrations set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The parties hereby waive all in personam jurisdictional defenses in connection with any arbitration hereunder or the enforcement of an order or award rendered pursuant thereto. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this section shall survive any termination of this Agreement.
16. Assignment.
Legal Stepz may assign this agreement at any time and without notice to Customer. Customer shall not have the right to assign this Agreement without the prior written consent of Legal Stepz. This Agreement shall be binding upon and inure to the benefit of Customer and Legal Stepz and their successors and permitted assigns so long as Glob@t consents to the assignment and Customer’s assignee accepts the then current Terms and Conditions of Legal Stepz or their successor.
17. Entire Agreement; Severability.
This Agreement, together with the Order Form and any other documents or agreements identified in this Agreement, represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the parties agree that the remainder of this Agreement shall remain in full force and effect.
Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.
18. Waiver
No waiver by Legal Stepz of any of the terms and conditions stated herein shall be construed as a waiver to any enforcement of Legal Stepzs rights at the time of the omission or act committed by Customer.
19. Independent Contractor
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Legal Stepz and its customers. Both Legal Stepz and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
20.Terrorist Organization
Customer hereby consents that they do not receive any funds from any organization determined by the United States government to be deemed a terrorist organization. In the event Customer becomes aware that it is receiving, has received or will receive any funds from any organization deemed a terrorist organization by the United States governments this Agreement may be terminated immediately by Legal Stepz and Customer shall be required to indemnify Legal Stepz compliance with the United States government requirements.
21.LegalStepz is NOT a Law Firm
Legal Stepz offers courses for legal information and self-help. The information provided by Legal Stepz, the courses offerred along with the content on our website related to legal matters ("Legal Information") is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.
If you need legal advice for a specific problem, you should consult with a licensed attorney. As Legal Stepz is not a law firm, please note that any communications between you and Legal Stepz may not be protected under the attorney-client privilege doctrine.
Last updated: 12/29/2022
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