Decisis Service E-Commerce Site Terms of Service
(1 to 2 Attorney Firm)
Effective July 1, 2021
1. RIGHTS AND RESTRICTIONS
1.Welcome. Welcome and thank you (“Client” or “you”) for subscribing to the Decisis service offered to you through this Legal InQuery Solutions Inc. (“Licensor” or “we”) e-commerce site. Your Order will indicate the pricing plan that you have selected, the length of your non-terminable subscription plan and the services that you have selected. When you click “I Accept”, then you are agreeing to these terms.
2.License. As explained in the License Terms, which you can find here (“License Terms”), and which are incorporated by reference, we are granting you a non-exclusive, non-transferable limited license to access and use the Decisis service and the Content within (the “Content”).
3.Eligibility. This e-commerce subscription is only available to solo attorneys or law firms that have up to 2 attorneys. If you or your law firm grows or merges into a larger entity, then we may terminate your access to Decisis immediately upon notice to you.
4.Term. The term of this Agreement is set forth in the Order (“Term”) and specifically amends Section 5.2 of the License Terms. You may not terminate this Agreement during the Term. Upon the expiration of the Term, this Agreement will automatically renew each year for additional 1-year periods (each a “Renewal Term”) at the then-current monthly commitment rate plus 5%. You may avoid entering into a Renewal Term by providing Licensor with at least 30 days prior written notice before the start of the next Renewal Term. Subscriber may only terminate this subscription in the middle of a Term or Renewal Term for a material breach by Licensor that remains uncured for more than 30 days after Licensor receives written notice from you identifying a specific breach. If you terminate this subscription pursuant to this Section 4, you must pay all remaining installments and other charges incurred up to the date of termination.
5.Payment. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO A MONTHLY PAYMENT SCHEDULE IN WHICH DECISIS WILL AUTOMATICALLY DEDUCT THE PAYMENTS FROM YOUR CREDIT CARD. IF YOU DON’T WANT TO HAVE YOUR PAYMENTS AUTOMATICALLY DEDUCTED ON A MONTHLY BASIS FROM YOUR CREDIT CARD, THEN DO NOT AGREE TO THESE TERMS. If any charge the subject of a legitimate dispute remains unpaid for more than 75 days after becoming due, then we reserve the right to require each remaining unpaid monthly payment for the Term to become immediately due and payable. We may temporarily suspend access until all unpaid amounts are paid. No claims directly or indirectly related to this Agreement with respect to amounts billed or payments made under this Agreement may be initiated by you more than 2 months after such amounts were first billed to Client.
6.1 Except as provided in Section 6.4 below, any controversy, claim or counterclaim, arising out of or in connection with this Agreement will be resolved by binding arbitration through the American Arbitration Association (“AAA”) under this Section and the then-current AAA Commercial Rules, WITH THE EXCEPTION THAT ANY ARBITRATION WILL BE CONDUCTED AND RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT ON A CLASS-WIDE, MULTIPLE PLAINTIFF OR SIMILAR BASIS. In the event any court, arbitrator or panel of arbitrators rules that the foregoing limitation is invalid, then, arbitration shall not be available and is expressly precluded as a method of conducting and resolving disputes arising under this Agreement. The duty to arbitrate will extend to any employee, officer, agent or affiliate of either party. The arbitration will be held in the United States headquarters city of the party not initiating the claim, however the parties may choose to participate in person, by telephone or document submission. For all claims asserted against Licensor, arbitration will be conducted in the State of Delaware. The arbitration will be conducted by a sole arbitrator. The arbitrator’s award will be final and binding and may be entered in any court having jurisdiction. The arbitrator will not have the power to award punitive or exemplary damages, or any damages excluded by, or in excess of, any damage limitations expressed in the Agreement. Disputed issues concerning the arbitrability of any particular claims or causes of action will be decided by a court of law, and not an arbitrator.
6.2 Each party will bear its own attorneys’ fees and other costs associated with the arbitration, except that the fees assessed by the AAA for the services of the arbitrator will be divided equally by the parties. Issues subject to arbitration will be determined in accordance to and solely with the federal substantive and procedural laws relating to arbitration; in all other respects, the arbitrator will be obligated to apply and follow the substantive law of the state as specified in the Agreement and if none is specified, then the law of the state of Delaware.
6.3 In order to facilitate resolution of controversies or claims, the parties agree to keep negotiations, arbitrations and settlement terms confidential.
6.4 Claims and controversies involving the following will not be subject to arbitration and the parties agree to exclusive jurisdiction in federal or state courts located in the State of Delaware: (a) a violation of any of the proprietary rights of Licensor, including claims in equity or law to protect the intellectual property rights of Licensor; (b) failure to comply with restrictions on use of the Content included in the Agreement; or (c) non-payment. Licensor retains at all times the right to obtain an injunction in court to prevent misuse of the Decisis services and the Content contained therein.