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This Personal Injury Tracking System Subscription contains rights and restrictions
associated with use of the PersonalInjuryCopilot. By using the Software you agree to the terms
and conditions of this Subscription Agreement.
- Subscription Grant.
Legal Software Systems Corporation, hereafter known as "LSSC" grants to you
("Subscriber") a non-exclusive, non-transferable personal subscription to
use the Software. Subscriber may not sell, transfer, or re-distribute the
Software in whole or in part, either separately or included with a product.
- Payment Terms/Calculation.
During the Introductory Period, the "Subscriber" shall have use of PersonalInjuryCopilot
per the "Introductory Offer". Thereafter, Subscriber agrees to pay for the
use of PersonalInjuryCopilot on a month to month basis with the first payment due on the
28th day of the month following the end of the "Introductory Offer" and subsequent
payments due on the 28th day of every month thereafter. This payment will
be automatically deducted from the Subscriber's credit card or bank account
monthly, and the Subscriber agrees to this automatic deduction from the Subscriber's
account. The Subscriber shall pay a pro rata monthly subscription fee for
Subscriber's use of PersonalInjuryCopilot occurring prior to the first full month's billing
which pro rata fee will be included in the first month's billing. No pro
rata reduction will be given if the Subscriber uses PersonalInjuryCopilot for only a portion
of a month and then terminates the monthly subscription. PersonalInjuryCopilot services will
be terminated 30 days from the date when the "monthly commitment" subscription
payment was due in the event of nonpayment and the Subscriber's data will
be returned to the Subscriber within 10 days of the Subscriber's written
request for such data.
- Cancellation/Money Back Guarantee.
Subscriber may cancel Subscriber's subscription at any time by hitting the "cancel" button
on the Customer Information screen under System Options within PersonalInjuryCopilot. If
the subscription is cancelled during the "Introductory Period", the Subscriber
would owe nothing. If the subscription is cancelled after the "Introductory
Period", the Subscriber would be responsible for payment of the current month
invoice. All data entered in PersonalInjuryCopilot will be purged from PersonalInjuryCopilot 30 days from
the date Subscriber gives notice of cancellation of the Subscription Agreement.
Your data will be provided to you in ascii format within 10 days from the
date when a written request for such information is received by our office.
- User Support.
LSSC shall provide Subscriber with initial instruction and training on the
use of the PersonalInjuryCopilot system through its on line Tutorial listed in the "Help" section
of the Site Plan. LSSC shall also provide initial "call in" assistance
at 1-877-4COPILOT (1-877-426-7456) to Subscriber after Subscriber has consulted the on line
Tutorial listed in the "Help" section of the Site Plan within PersonalInjuryCopilot.
- Security.
LSSC has associated with Web Excellence as its Application Service Provider
(ASP) to host PersonalInjuryCopilot and ensure the integrity of our System. PersonalInjuryCopilot utilizes
SSL (Secured Socket Layer) with the strongest RC4 encryption to make it
almost impossible for a third party to eavesdrop. Our ASP, Web Excellence,
uses a firewall to quarantine its database servers from the Public.
- Confidentiality.
LSSC has taken all reasonable steps under leading industry standards to provide
protection against the loss, misuse or unauthorized access to your client
data stored on its Servers. Subscriber assumes responsibility for breach
of client confidentiality resulting from the unauthorized use of Subscriber's
account by those parties to whom Subscriber has indiscriminately issued
passwords.
- Privacy Notice Online Network.
All information that you provide to LSSC to set up your account payment plan
will be disclosed to our financial clearing house for their use in processing
your payment method with the credit card company or other financial institution
which you have entered on the Client Information Screen.
- Back-up.
Backup Servers are in place in conjunction with a router to facilitate your
continued use of PersonalInjuryCopilot in the event of hardware failure. Your data will
be backed-up daily protecting you in the event there is a natural disaster
resulting in loss of all computer hardware.
- Upgrades.
LSSC may offer Upgrades to Subscriber when such Upgrades become available.
Upgrades are defined as new versions of the Software providing additional
features or performance. The cost of Upgrades shall be determined by LSSC
at the time such upgrade becomes available.
- LSSC's Access to Subscriber's Data.
LSSC recognizes that data entered into PersonalInjuryCopilot by the Subscriber is information
protected by the Attorney Client privilege and such data will not therefore
be accessed by LSSC except for when training Subscriber on the use of PersonalInjuryCopilot.
LSSC covenants that it has taken all available reasonable steps to protect
against the loss, misuse, unauthorized access, disclosure, alteration and
destruction of data pertaining to Subscriber's clients in recognition of
and in compliance with ABA rule 95-395.
- Access to PersonalInjuryCopilot Application Code.
In the unlikely event that LSSC should ever become financially insolvent,
Subscriber will (if Subscriber is then a valid and current member) receive
a copy of the then generally available version of the PersonalInjuryCopilot application,
along with Subscriber's data to be installed and utilized at the discretion
of the Subscriber. LSSC will have no responsibility for the installation
or support of this application, but will provide it, via CD by mail, to
the Subscriber. The software will be intended for Subscriber's use only,
and may not be resold or licensed.
- Warranty.
LSSC warrants that the Software will perform substantially as represented.
Except for this limited warranty, the Software is provided "AS IS," without
a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON?INFRINGEMENT, ARE HEREBY EXCLUDED.
- Limitation of Liability.
LSSC AND ITS LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY SUBSCRIBER
OR ANY THIRD PARTY AS A RESULT OF USING THE SOFTWARE. IN NO EVENT WILL
LSSC OR ITS LICENSOR BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR
FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OE LIABILITY, ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LSSC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
- Governing Law.
Any action related to this Subscription will be governed by Indiana law and
controlling U.S. federal law. No choice of law rules of any jurisdiction
will apply.
- Severability.
If any of the above provisions are held to be in violation of applicable
law, void, or unenforceable in any jurisdiction, then such provisions are
herewith waived to the extent necessary for the Subscriber to be otherwise
enforceable in such jurisdiction. However, if in LSSC's opinion deletion
of any provisions of the Subscription by operation of this paragraph unreasonably
compromises the rights or increase the liabilities of LSSC or its Licensor,
LSSC reserves the right to terminate the Subscription and refund the fee
paid by Subscriber, if any, as Subscriber's sole and exclusive remedy.
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No Disc, No Box,
No Worries
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United States Patent
#5,956,687,
Sep. 21, 1999
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