Loislaw Ecommerce Terms & Conditions
This is an Agreement between you and Loislaw.com, Inc. ("Loislaw"), which shall govern your access to and use of the Loislaw electronic legal research libraries.
I. General Provisions
1. This Agreement grants to you a nonexclusive, nontransferable and limited license to access Loislaw products and services through the purchase of a subscription plan through our Loislaw Store.
2. After fulfilling all of the requirements necessary for the purchase of a subscription plan, you may activate your account at any time by utilizing the user name and password assigned to you and logging on to the Loislaw website.
3. By logging on to Loislaw and activating your subscription plan, you acknowledge that you have read this Agreement and agree to all of its terms and conditions. If you do not agree to all such terms and conditions, you may not activate your subscription plan, or access Loislaw products or services. The activation of your subscription plan constitutes your electronic acceptance of this Agreement and such acceptance carries with it the same legal significance as your signature.
4. The use of a subscription plan by you, or by any other person utilizing your account, is subject to all of the terms and conditions herein set forth, provided that no user except you, whether authorized by this Agreement or not, shall i) have or possess any rights against Loislaw, ii) have any right to gain access to Loislaw products or services after the expiration or cancellation of this Agreement, or iii) have status as a third party beneficiary under this or any other Agreement between you and Loislaw, subject to applicable law.
5. This Agreement shall apply with equal force and effect to each and every use of a subscription plan, including any future use made available to you under a new, or additional subscription plan, at any time after your initial purchase of a subscription plan.
6. You agree that Loislaw may charge to your credit card, debit card, or such other payment mechanism as may be offered by Loislaw and selected by you, all amounts required as payment for your subscription plan, including all applicable taxes.
7. Transactions conducted through the services of the Automated Clearing House (ACH) are subject to the requirements and restrictions applicable thereto. In the event that a separate authorization for such services is required from you, such authorization shall, by this reference, become part and parcel to this Agreement.
8. You agree that Loislaw may change the price charged for any subscription plan, or the products or services made available in connection therewith, at any time in the future, without prior notice to you.
9. Due to their short duration, subscriptions that are for one day, one week or one month may not be cancelled and are not eligible for a refund or credit.
10. Monthly recurring subscriptions
that do not have a set expiration date or annual subscriptions that
are paid for on a monthly basis may be cancelled by providing written
or telephonic notice to Loislaw Support Services. If notice is received
by Loislaw at a minimum of seven days in advance of your next billing
date, your account will be closed and billing for future subscription
access will cease. Should you not cancel your account at least seven
days in advance of your next billing period, you will be billed for
the next month of subscription services. Cancellation communication
may be delivered to: Loislaw.com, Inc, Attention Support Services, 105
North 28th Street, Van Buren, AR 72956, or by phone at 800-364-2512
during business hours. A notice or communication made by any other means
will not cancel your obligations under this Agreement, including the
obligation to make payments.
11. A prorated refund is not available for monthly ‘open-ended’ or annual subscriptions that are paid for on a monthly basis. Once your account is cancelled, you will have access to your subscription until your next billing date or other requested cancellation date. A cancellation request or inquiry made to Loislaw will not serve to cancel your obligations under this Agreement, including the obligation to make payment.
12. A prorated refund is available for annual subscriptions that are paid for in full at the time of purchase, which will be for the period of time between the date of cancellation and the expiration date of the annual subscription. A cancellation request or inquiry made to Loislaw will not serve to cancel your obligations under this Agreement, including the obligation to make payment.
II. License and Limitations
1. License. All data comprising the Loislaw products and services ("Product"), including related information such as instructional material, contains proprietary and copyrighted application, demonstration and/or system software data, usage instructions, access passwords, training manual documentation and other material owned exclusively by or licensed to Loislaw. The granting of this license does not affect the ownership of such materials, whether tangible or intangible. All Loislaw products, services, databases, and software are proprietary and are protected by copyright laws, international copyright treaties and other intellectual property laws and treaties. Nothing contained herein grants to you or to any other person or entity an ownership interest in any such products, services, databases, or software, including the Product, or any rights except to the extent specified herein. Both the Product and all intellectual property contained therein are and shall remain the sole and exclusive property of Loislaw. Neither you nor any other user or entity, whether permitted by you or not, may: (i) copy all or any substantial portion of the Product; (ii) distribute all or any portion of the Product, except for small printed portions; (iii) provide access to the Product or any portion thereof through the Internet or any other electronic means, including through computer modem; or (iv) make any commercial use of the Product except for purposes of legal or other research, or for obtaining information for you. You agree to treat your user ID and password as confidential and not to disclose such user ID or password, either directly or indirectly, to any person except as is specifically authorized in this Agreement. If you are an entity other than an individual, you may disclose your user ID and password to your employees or associates, provided that each such employee or associate agrees to be bound by this Agreement, and likewise treats the user ID and password as confidential.
2. Restrictions. You, or any third party (including individuals or entities that use the Product, whether in accordance with this Agreement or not), are expressly prohibited from decompiling, reverse engineering or disassembling all or any portion of the Product, accessing the Product by any means other than as provided for in this Agreement or in other written instructions from Loislaw, or from downloading, copying, or storing substantial portions of the Product, except as actually necessary for use in your practice, business, or personal use. You may not republish, rent, lease, sublicense, sell, or distribute all or any portion of the Product. You are also prohibited from transferring electronically, or by any other means, all or any portion of the Product to a third party, or translating all or any portion of the Product onto or into other computer software.
3. Term and Termination. This Agreement shall be effective from the time of the activation of your subscription plan and shall continue in effect for the period of time designated by you and Loislaw at the time of purchase, unless terminated sooner by you or Loislaw in accordance with these terms and conditions. The limitations and restrictions set forth elsewhere in this Agreement shall survive its termination, whether such termination is automatic or not.
4. Disclaimer of Warranty on Product. You expressly acknowledge and agree that use of the Product is at your sole risk. This Product is provided "as is" by Loislaw and without warranty of any kind. Loislaw, and each third party supplier of data materials contained within the Product, expressly disclaim all warranties, express or implied, including but not limited to the implied warranty of merchantability and fitness for a particular purpose. Neither Loislaw nor any such third party supplier of data or materials warrants that the functions contained within the product will meet your needs, or that the operation of the Product will be uninterrupted or error-free. Neither Loislaw nor any third party supplier of data materials contained within the Product makes any warranty, express or implied, with respect to data or materials gathered or obtained by Loislaw, or for the present or future methodology employed by Loislaw in obtaining or producing said data and materials, or as to the accuracy, currency or comprehensiveness of the same. No other oral or written information provided by Loislaw or by any third party supplier of data or materials contained within the Product shall create a warranty or increase the scope of any warranty. Neither Loislaw nor any third party supplier of data or materials contained within the Product in engaged in rendering legal, accounting or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought. You assume all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of the Product.
5. Limitation of Liability. UNDER NO CIRCUMSTANCE INCLUDING NEGLIGENCE, SHALL LOISLAW, OR ANY THIRD PARTY SUPPLIER OF DATA OR MATERIALS CONTAINED WITHIN THE PRODUCT, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) THAT RESULT FROM THE USE OR AN INABILITY TO USE THE PRODUCT. In no event shall Loislaw's or any third party's total liability to you for all damages, losses, costs, expenses, and causes of action (whether in contract, negligence or other tort, or otherwise) exceed the amount paid by you for the Product.
6. Controlling Law and Severability. This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas. If for any reason a court of competent jurisdiction finds any provision of the Agreement to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall be severable, valid, and effective as if such unenforceable provision were not a part hereof. Unless otherwise specifically provided for in paragraphs 10, 11, or 12, you agree that all disputes, claims, and causes of action arising under or relating to this Agreement or your use of the Product, or any cause of action in any way related to the Product, shall be brought and litigated in the Circuit Court of Crawford County, Arkansas. In this regard, you submit to the exclusive jurisdiction and exclusive venue of the Circuit Court of Crawford County, Arkansas for resolution of all such disputes, claims, and causes of action. You agree that you waive any right to file or remove any such dispute, claim, or cause of action in or to a United States District Court and further agree that you waive any right that you may have to seek transfer or dismissal of any such dispute, claim, or cause of action on the basis that the forum is inconvenient.
7. Complete Agreement. This Agreement constitutes the entire agreement between you and Loislaw with respect to the Product and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
8. General. Except for the obligation to pay monies, neither you nor Loislaw shall be liable in any manner for failure or delay in fulfillment of all or part of this Agreement directly or indirectly owing to any cause or circumstance beyond either's reasonable control, including but not limited to, acts of God.
9. Export Control. You acknowledge and agree that the Product may not be exported or otherwise used in Cuba, Iran, Libya, North Korea, Syria or any other country with respect to which the United States has embargoed goods, or to a national or resident thereof, or to anyone listed on the United States Treasury Department's List of Specially Designated Nations, or the United States Commerce Department's Table of Denial Orders. You further represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Government End Users. United States government personnel are on notice that the Product is provided subject to limitations, including those stated in Commercial Computer Software - Restricted Rights, 48 C.F.R. §52.227-19, which may be amended from time to time. In addition, information contained in the Product constitutes a trade secret of Loislaw for all purposes of the Freedom of Information Act, or otherwise. Loislaw owns or has license to use, in all respects, the proprietary information and proprietary data found in the Product.
11. Trademark Remedy Clarification Act. If the Product is purchased on behalf of a State or an instrumentality of a State, then the Trademark Remedy Clarification Act, 106 Stat. 3567, applies. Under the Trademark Remedy Clarification Act, States, instrumentalities of States, and officers and employees of States acting in official capacities are subject to suit in Federal court for infringement of trademarks, and all remedies may be pursued in any such suit that may be pursued in a similar suit against a private entity.
12. Copyright Remedy Clarification Act. If the Product is purchased on behalf of a State or an instrumentality of a State, then the Copyright Remedy Clarification Act, 104 Stat. 2750, applies. Under the Copyright Remedy Clarification Act, States, instrumentalities of States, and officers and employees of States acting in their official capacities are subject to suit in Federal court for infringement of copyright, and all remedies may be pursued in any such suit that may be pursued in a similar suit against a private entity.
13. Paragraph Headings. Paragraph headings contained in this Agreement are for assistance only and shall not be deemed to be part of the Agreement or construed to vary, modify, or alter the terms or conditions hereof.
14. Notices. Loislaw.com, Inc. is a Delaware corporation with its principal place of business in Arkansas. All notices to Loislaw, other than requests for cancellation, which arise by reason of this Agreement shall be given and delivered to:
Loislaw.com, Inc.
Attn: Legal Department
105 North 28th Street
Van Buren, AR 72956
All notices to you as become due or required under any provision of this Agreement may be given and delivered to your address as listed in the records of Loislaw.