MY JUSTICE PORTAL LLC
TERMS OF SERVICE
Last Updated July 9, 2024
These Terms of Service, and any terms expressly incorporated herein (these “Terms”) are a binding contract by and between My Justice Portal LLC, a Georgia limited liability company (the “Company”, “we”, “us” or “our”) and you (the “user”, “you”, “your”, or “yours”) as an individual or governmental agency/entity user of the Services. These Terms govern your access to, use of, and interaction with our website, located at https://www.myjusticeportal.com/ (the “Website”), and/or the My Justice Portal platform/application (the “Portal”) and its various services, features, and offerings (collectively, the “Services”). Throughout these Terms, you and the Company may each be referred to, individually, as a “Party”, or, collectively, as the “Parties”.
THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. By RGISTERING TO USE, ACCESSING, OR USING THE SERVICES, BY PURCHASING ANY SUBSCRIPTION PLANS TO THE SAME, OR OTHERWISE INDICATING ACCEPTANCE TO THESE TERMS WHENEVER THE OPTION IS PRESENTED TO YOU, YOU ARE CONFIRMING THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND CAN FORM A LEGALLY BINDING CONTRACT WITH US, AND YOU ARE AGREEING TO COMPLY WITH THESE TERMS. YOU UNDERSTAND AND AGREE THAT WE WILL TREAT YOUR ACCESS OR USE OF THE SERVICES AS ACCEPTANCE OF THE TERMS FROM THAT POINT ONWARDS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.
FOR THE AVOIDANCE OF DOUBT, ONLY THOSE WITH A VALIDLY REGISTERED/ISSUED MY JUSTICE PORTAL ACCOUNT MAY ACCESS OR USE THE PORTAL. IF YOU DO NOT HAVE A VALIDLY REGISTERED/ISSUED MY JUSTICE PORTAL ACCOUNT, YOU ARE HEREBY PROHIBITED FROM ACCESSING AND USING THE PORTAL.
Your access to and use of our Services is also subject to our Privacy Policy, located on the Website’s homepage, and which is incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.
We retain the exclusive right, in our sole discretion, to make changes to these Terms, from time to time. Your continued access to and use of the Services constitutes your agreement to be bound by, and your acceptance of, the Terms posted at such time. You acknowledge and agree that you accept these Terms (and any amendments thereto) each time you sign into your Account (as defined below), or otherwise access, or use the Services. Therefore, we encourage you to review these Terms regularly.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER BY YOU OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Modification to These Terms. We may modify these Terms by providing notice through the Services or updating the “Last Updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the Services, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Services. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. If you have any question regarding the use of the Services, please contact us in accordance with Section 24.
2. Services Overview.
2.1 Specific to Inmate Users. With respect to inmates, or otherwise, incarcerated individuals, who shall be considered “users” and may be specifically referred to herein as “Inmate Users”, the Portal provides: (i) an avenue for searching, inquiring, and, as applicable, securing legal representation from a licensed Attorney, whereby the Portal, via a messaging feature, allows for communications between an Inmate User and an Attorney(s) who is approved and listed on the Portal’s attorney directory (the “Attorney Directory” or “Find a Lawyer”); (ii) certain case management capabilities, including, but not limited to, the ability to receive, store, and, as allowed within the Portal, fill out and send/transmit certain legal and case-related documents and forms directly to and from, as the case may be, an Attorney User (as defined below), a Court of Law, or correctional facility; (iii) the ability to create and save certain case-related notes (the “Case Management Features”); (iv) the ability to access and utilize the various features of certain third-party legal research platforms, such as, by way of example, LexisNexis, Westlaw, and/or FastCase, as such access is provided and/or allowed by such applicable correctional facility from time to time and as such third-party legal research platform access capabilities may be incorporated within the Services from time to time (the “Law Library”); (v) the ability to access, as such third-party feature is incorporated, provided, and/or allowed by such applicable correctional facility, the applicable court and legal docket (the “Legal Docket”); and (vi) the ability to request and receive, through the Portal, certain legal research information, such as various statutes and case law, whereby such legal research is conducted by a third-party provider, specifically, Legal Research Associates, as such third-party legal research feature is provided and/or allowed by such applicable correctional facility and as such third-party legal research feature may be incorporated within the Services from time to time (the “Legal Research Tools”).
2.2 Specific to Attorneys. The Portal allows for licensed Attorneys (who shall, collectively, be considered “users” and may be specifically referred to herein as “Attorney Users”), once registered and onboarded onto the Portal to: (i) have their name, contact information, and certain other information listed within the Portal’s Attorney Directory; (ii) to receive confidential, messaging communications from Inmate Users; (iii) to respond to Inmate Users’ messaging communications, whether for the purpose of responding to an Inmate Users inquiry for legal representation and services, providing case information and notes, or for certain other permitted and lawful purposes; and (iv) to upload and transmit various legal, case-related, or contractual documents to an Inmate User and, as allowed by the Portal from time to time, to receive the foregoing from such Inmate User.
3. Inmate Account. If you are an Inmate User, an account to access the Portal will be created by the applicable correctional facility/an administrator of such correctional facility, whereby you will login and gain access to the Portal via facial recognition (an “Inmate Account”). You are responsible for keeping your Account secure. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security. You are responsible for all activity occurring under your Account. We will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge. If we suspect that your Inmate Account is being used by someone other than yourself, we may temporarily disable your access to your Inmate Account in order to preserve system security.
4. Attorney Account; Public Defender Office Master Account.
4.1 Attorney Account Registration. If you are an Attorney User, in order to use the Services, you must first register for access to the Portal by signing up directly through the Portal and providing all information and documents that we require, including, but not limited to your name, email address, phone number, the various US States which you are licensed to practice law and your legal license number(s) or State Bar number(s) (including a copy of such legal license(s), State Bar card(s), and/or State Bar Identification(s), as requested), etc. Upon our review and approval of your registration, and your selection and payment of the applicable Subscription Fees (as defined below) associated with your selected Subscription Plan (as defined below), you will be provided with an account to access the Portal (an “Attorney Account”). You will have the ability to manage your Attorney Account within the Portal, via the Services; in which case you will: (i) create a unique password; (ii) provide complete and accurate information; (iii) promptly update any information you have provided to us so that the information is complete and accurate at all times; (iv) maintain the security of your Attorney Account by protecting your password from unauthorized access or use; (v) promptly notify us if you discover or suspect any unauthorized access or use of your Attorney Account or any security breaches related to your Attorney Account; and (vi) be responsible for all activities that occur under your Attorney Account, and accept all risks of any authorized or unauthorized access to your Attorney Account. We have the right to refuse your registration or suspend or terminate your use of the Services if you fail to provide the requested information and to keep it current, complete, truthful and accurate at all times. Further, you agree that we may contact you via the email address associated with your Attorney Account to provide you with certain administrative information and notices.
4.2 Public Defender Office Account Registration. A Public Defender Office, by and through its Executive Director, may also register for certain limited access to the Platform by signing up via the Portal, providing any requisite information or documentation, and creating a Public Defender Office master account (a “Public Defender Office Master Account”). An Attorney User who is a Public Defender for a Public Defender Office who has a Public Defender Office Master Account will have the ability to link their Attorney Account to the Public Defender Office Master Account via the Portal settings features, providing the Public Defender Office with the ability to assign one or more Public Defender Attorney Users to a certain Inmate User who has been appointed such Public Defender Attorney User(s), and thus allowing the appointed Public Defender Attorney User(s) to begin communicating via the Portal’s messaging feature with such Inmate User. The continued ability for a Public Defender Office to utilize its Public Defender Office Master Account shall be subject to the timely payment of any Subscription Fees which may be owed and due pursuant to a Public Defender Office Subscription Plan, whereby all terms set forth in Section 14 below shall apply in the same respect to a Public Defender Office. The Executive Director of the Public Defender Office registering for a Public Defendant Office Master Account, who shall be considered also “user” herein, represents and warrants that they are an authorized representative of the such Public Defender Office with the authority to bind the requisite governmental agency/entity to these Terms and does so agree to these Terms on the Public Defendant Office’s behalf. For the avoidance of doubt, Public Defender Attorney Users are still required to register for and create their own Attorney Account and pay such applicable Subscription Fees pursuant to Section 14 below.
4.3 Attorney Account Responsibility. You are responsible for keeping your Attorney Account and your password secure. You agree to notify us immediately of any unauthorized access to or use of your Attorney Account, username, or password or any other breach of security. You are responsible for all activity occurring under your Attorney Account, including for all charges under your Attorney Account. You should use particular caution when accessing your Account so as not to provide third parties with your Attorney Account credentials. We will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
4.4 Number of Attorney Accounts. You agree that you will not create more than one Attorney Account or create an Attorney Account for anyone other than yourself.
4.5 Access and Devices. You are responsible for obtaining the access necessary to use the Services, which may include network access. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5. Correctional Facility Administrator Account.
5.1 Administrator Account Registration. With respect to administrators of a correctional facility who shall be considered “users” (each, an “Administrator User”), in order to use the Services, you must first register for access to the Portal by signing up directly through Portal and providing all information and documents that we require, including, but not limited to, your name, email address, phone number, administrator or employee credentials, etc. Upon our review and approval of your registration, you will be provided with an account providing you with limited access to the Portal in order to administer Inmate User Account registration (an “Administrator Account”) and access to certain other features of the Platform, as the case may be. You will have the ability to manage your Administrator Account within the Portal, via the Services; in which case you will: (i) create a unique password; (ii) provide complete and accurate information; (iii) promptly update any information you have provided to us so that the information is complete and accurate at all times; (iv) maintain the security of your Administrator Account by protecting your password from unauthorized access or use; (v) promptly notify us if you discover or suspect any unauthorized access or use of your Administrator Account or any security breaches related to your Administrator Account; and (vi) be responsible for all activities that occur under your Administrator Account, and accept all risks of any authorized or unauthorized access to your Administrator Account. We have the right to refuse your registration or suspend or terminate your use of the Services if you fail to provide the requested information and to keep it current, complete, truthful and accurate at all times. Further, you agree that we may contact you via the email address associated with your Attorney Account to provide you with certain administrative information and notices.
5.2 Administrator Account Responsibility. You are responsible for keeping your Administrator Account and your password secure. You agree to notify us immediately of any unauthorized access to or use of your Administrator Account, username, or password or any other breach of security. You are responsible for all activity occurring under your Administrator Account. You should use particular caution when accessing your Account so as not to provide third parties with your Administrator Account credentials. We will not be liable for any loss that you incur as a result of someone else accessing and using your Administrator Account, either with or without your knowledge.
5.3 Number of Administrator Accounts. You agree that you will not create more than one Administrator Account or create an Account for anyone other than yourself.
5.4 Access and Devices. You are responsible for obtaining the access necessary to use the Services, which may include network access. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
6. My Justice Portal LLC Nor Our Portal Provides Legal Advice. Inmate Users expressly acknowledge and agree that: (i) we are not a law firm or an attorney and thus do not provide legal services; (ii) we do not provide or offer attorney or legal advice, guidance, opinions, recommendations, draw legal conclusions generally or with respect to your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation; (iii) no attorney-client relationship or privilege is created by using the Portal itself; (iv) no attorney-client relationship or privilege is created by using the Portal; and (v) use of the Services and its features are not a substitute for the advice or services of an attorney.
7. No Guarantees. We do not guarantee, endorse, or recommend the services or work of any Attorney User or other third party service provider found on the Portal, that any information or document provided by any Attorney User or third party service provider is accurate, reliable, complete or timely, or that any notes or communications are or will be confidential or privileged.
8. No Attorney-Client Relationship. Our Services may allow for the introduction of Inmate Users to attorneys through various methods, including but not limited to, the Attorney Directory. At no time is an attorney-client relationship fostered or created between you and the Company through the performance of any Services or your communication or relationship with any Attorney User, or otherwise, by any means. Instead, you are and will be representing yourself in any legal matter you undertake if and until you engage, contractually, an attorney, whether or not you utilize such Portal to assist with finding and engaging such attorney (and whether or not said attorney is an Attorney User).
9. Use of the Law Library, Legal Docket and Legal Research Tools. As a part of our Services, and as provided and/or as such required third-party license is provisioned by the applicable correctional facility, we may provide you with the ability to utilize the Law Library, Legal Docket, and/or the Legal Research Tools. The foregoing third party features, if available, are accessible by selecting such respective third party link contained within the Portal, whereby you will then be re-directed to such Third-Party Website (as defined below). Therefore, when you access and/or use the Law Library, Legal Docket and/or Legal Research Tools, you are leaving the Portal and such applicable Third-Party Websites’ Terms of Service and Privacy Policy will control. You acknowledge and understand that our provision of your access to the Law Library, Legal Docket and/or Legal Research Tools are neither legal advice nor the practice of law, and that any applicable instructions or available guidance offered by the foregoing Third-party Websites are not customized to your particular needs.
10. Use of the Case Management Features. As a part of Case Management Features of the Portal, you may have the ability fill out and transmit various legal forms, templates and documents (the “Forms”). If any Forms are provided or accessible via the Portal, we grant you a limited, personal, non-exclusive, non-transferable license to use such Forms for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. For the avoidance of doubt, you shall have no right to sell or redistribute the Forms nor shall you remove any copyright notice from any Form. The Forms are not created by us, and rather are created and published publicly by various third parties, such as courts or correctional facilities. We merely automate the Forms in order to provide you with the ability to fill out such Forms via the Portal. Thus, we do not guarantee the accuracy of the Forms or their compliance with applicable law (which may differ from jurisdiction to jurisdiction), that the Forms are current and up-to-date, or that the Forms will meet your needs. The Forms are provided for information purposes only and should not be relied upon as legal advice, or a substitute for legal advice.
11. Use of Term ““Experience”. The term ““experience”“ or ““experienced,”“ as used in reference to third party attorneys participating on the Portal and found within the Attorney Directory, i.e., Attorney Users, means that such respective Attorney User fulfills, and such Attorney User hereby represent and warrants that the Attorney User fulfills, the following: (i) maintains errors and omissions insurance policies consistent with industry standards; (ii) is in good standing with the state bar in each jurisdiction in which the attorney is licensed to practice, (iii) has no pending malpractice lawsuits, as of the date of registering with us; and (iv) has no public record of discipline by a state bar within the last five (5) years. The term “experience” or “experienced” is not intended to be a comparison to any other attorney’s services or qualifications. We attempt to verify that the above requirements are met by all participating Attorney Users prior to providing a respective Attorney User with access to the Portal and publishing the respective Attorney User on the Attorney Directory; however, we do not make a representation or warranty that each and every Attorney User will meet all of the above requirement and expressly disclaim all liability in situations where an Attorney User does not meeting the above requirements. Further, you should carefully evaluate an attorney found on the Attorney Directory, and we disclaim all liability with respect to the actions or handling of any case of any attorney found on the Attorney Directory.
12. Use Restrictions.
12.1 User Interactions. Our Services may allow for Inmate Users and Attorney Users to interact with one another via the Services. You are solely responsible for your interactions with other users of the Services. The Company makes no representations or warranties as to the conduct of users and shall not be in any way liable for any conduct of any user. You agree to take reasonable precautions in all interactions with other users. Inmate User should not provide financial information (for example, your credit card or bank account information) via the Services. As such, you hereby release the Company, its affiliates, and its and their managers, officers, members, owners, employees, agents, contractors, representatives, our third-party service provides, and successor or assigns from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other users.
12.2 User Content. You are solely responsible for the User Content (as defined below) that you send, upload, or transmit via the Services through any media form. “User Content” means any text, information, messages, photos, comments, data, materials, images, or other content you provide to other users while using the Services or upload, transmit, or send to and through the Services and that is not Feedback owned by us.
12.2.1 Company Discretion Related to User Content. The Company has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
12.2.2 No Company Liability for User Content. My Justice Portal, LLC is not the publisher or author of the User Content. My Justice Portal, LLC takes no responsibility and assumes no liability for any User Content sent, uploaded, or transmitted via the Services.
12.3 Moderating User Content. You understand and agree that the Company may, but has no obligation to, moderate, review and delete any User Content, in each case in whole or in part that, in the sole judgment of the Company, violates these Terms, might be offensive or illegal, or that might violate the rights or safety of other users.
12.4 Prohibited Activities. The Company reserves the right to investigate and terminate your Subscription Plan, with respect to Attorney Users or, with respect to all users, including Attorney Users and Inmate Users, your access to and use of the Services, if you have misused the Services, or behaved in a way that could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Services:
(i) You will not use the Services for any purpose that is unlawful or prohibited by these Terms;
(ii) You will not impersonate any person or entity;
(iii) You will not “stalk” or otherwise harass any person;
(iv) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any content or information contained within the Portal;
(v) You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
(vi) You will not remove any copyright, trademark or other proprietary rights notices contained on the Services;
(vii) You will not interfere with or disrupt the Services, or the servers or networks connected to the Services;
(viii) You will not upload, post, or otherwise transmit any materials via the Services that contain software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; and
(ix) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the provision of the Services or cause others to do so.
12.5 Prohibited User Content. The following is a partial list of the kind of User Content that is illegal or prohibited on, via, or through the Services. The Company reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the Subscription Plan, with respect to Attorney Users or, with respect to all users, including Attorney Users and Inmate Users, such users’ access to and use of the Services. It includes, but is not limited to, User Content that:
(i) That is known by you to be false, inaccurate or misleading;
(ii) That infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(iii) Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
(iv) That violates any law, statute, ordinance, or regulation;
(v) Advocates or encourages conduct that could constitute a criminal offense, or which could give rise to civil liability;
(vi) That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual or corporation;
(vii) Provides material that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under the age of eighteen (18); or
(viii) That otherwise violates these Terms.
My Justice Portal, LLC will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
13. Attorney Conduct.
(a) By participating as an Attorney User and receiving access to and use of the Portal, the Attorney User agrees to comply with all applicable federal, state, and local laws, regulations, and rules, including but not limited to those governing the practice of law and the solicitation of legal services. Further, the Attorney User shall adhere to the ethical rules and standards of professional conduct as established by the relevant bar associations and regulatory authorities in the jurisdictions in which the Attorney User is licensed to practice. The Attorney User shall not engage in any conduct that violates these ethical rules and standards, including, but not limited to, false or misleading advertising, improper solicitation of clients, unauthorized practice of law, conflicts of interest, and breach of client confidentiality.
(b) The Attorney agrees that any communications and/or messaging which the Attorney User undertakes within the Portal will be conducted in accordance with the ethical rules and standards of professional conduct.
(c) The Attorney User agrees to promptly notify the Company, in accordance with the “Notices” Section hereof of any disciplinary actions, sanctions, or investigations initiated against the Attorney User by any bar association or regulatory authority. The Company reserves the right to suspend or terminate the Attorney User’s Subscription Plan, including the Attorney User’s access to and use of the Portal and, if applicable, sponsorship, if the Attorney User is found to be in violation of any applicable laws, regulations, or ethical rules or is found guilty of a violation or receives disciplinary action from any bar association or regulatory authority.
(d) The Attorney User agrees to indemnify and hold harmless the Company, its managers, officers members, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in connection with the Attorney User’s violation of any laws, regulations, or ethical rules.
14. Attorney Pricing and Payment. As applicable to Attorney Users, the following pricing and payment terms apply to all Services:
14.1 Subscriptions. Unless otherwise expressly stipulated by us in a separate and duly executed agreement with you, all Services are on a recurring subscription basis. By electing to access and use the Services under one of our subscription plans (each, a “Subscription Plan”), you agree to pay the Subscription Fee (as defined below) pursuant to the Subscription Plan that you select.
14.2 Pricing and Subscription Fees. You agree to pay us all fees (the “Subscription Fees”) for your access to, and use of, the Services (and any associated services) that you order and purchase from us, in accordance with the payment terms set forth in this Section. Our current fees are available on the Services pricing page, through a personalized payment page, or via an order form (in each case, an “Order Page”) that we send to you (or to which we otherwise provide you with personalized access). To the extent we provide the Services or other features or services for which we charge a Subscription Fee that are not listed in those pricing terms, we will provide you with notice of such Subscription Fee prior to providing the feature or service (for example, by displaying the fee to you on a corresponding Order Page; by displaying the fee to you, for your review and acceptance, within your designated account or portal; or otherwise, by displaying the fee at the time you are using the feature to which the fee applies, and your use of the feature to which the fee applies constitutes your consent to such fee).
14.3 Subscription Period. Each Subscription Plan that we offer shall be subject to a specific term for which such Subscription Plan will be in effect (the “Subscription Period”), and you will have the ability to select one or more Subscription Period options for your Subscription Plan, including a monthly or year Subscription Plan. The Subscription Period for your Subscription Plan begins on the earlier of: (i) the date on which we provide you with access to the Services; or (ii) the Subscription Period commencement date set forth on the Order Page for your Subscription Plan (the “Subscription Start Date”). Upon conclusion of your Subscription Period then in effect, your Subscription Plan shall automatically renew for a subsequent Subscription Period equal in duration to the concluded Subscription Period, unless you elect to change, terminate, or non-renew you Subscription Plan, as provided in these Terms. We will automatically charge you the applicable Subscription Fee for the next Subscription Period upon each renewal, pursuant to the payment terms of your Subscription Plan.
14.4 Payment of Subscription Fees. Unless otherwise expressly stipulated by us on the Order Page or in a separate and duly-executed agreement with you, the Subscription Fees will be based upon the Subscription Period that you select, and shall be due and payable on a monthly or yearly recurring basis, as elected, or on any other basis which we may offer from time to time. We reserve the right to amend or cancel the month-to-month option, or any other option which we may provide from time to time, for our Subscription Plans at any time, in our sole discretion, provided that the foregoing changes will not take effect during your current Subscription Period.
14.5 Changes to Subscription Fees. We expressly reserve the exclusive right to make changes to the prices of any of our Subscription Plans, and to our pricing structure generally, at any time and in our sole discretion; provided however, we will provide you with at least thirty (30) days’ advance notice of any such fee or pricing policy changes in accordance with the section titled “Notices” hereof. Notwithstanding the foregoing, however, changes to the Subscription Fees due or payable by you will take effect on a going-forward basis only, following notice to you.
14.6 Sponsorship Subscription. In addition to the payment of Subscription Fees, an Attorney User may elect, subject to the approval of the Company, to be a “sponsored” Attorney User (a “Sponsoring Attorney”) and thus such attorney’s listing within the Attorney Directory will receive preferential treatment, i.e., will be listed above non-Sponsoring Attorneys’ listings within the Attorney Director. In order to be and maintain status as a Sponsoring Attorney, you agree to pay us all Subscription Fees for such sponsorship Subscription Plan in accordance with this Section 14 and as set forth on Services’ Order Page.
14.7 Special Subscription Plan. We may, from time to time, and in our sole discretion, create and offer one or more subscription types (each, a “Special Subscription Plan”) to Services that offer features, functionality, or levels of access that are limited, or otherwise different from, the other Services offered under standard Subscription Plans. Special Subscription Plans may be subject to additional terms and Subscription Fees that are calculated differently from those of other Subscription Plans. We will, from time to time, make available to you information about any such unique features, functionality, limitations, and pricing differences of any such Special Subscription Plan then available, whether on our Website generally, on a dedicated page for such a plan, or as part of a personalized payment page that we send to you. We reserve the right to introduce, amend, and to discontinue any aspect of any Special Subscription Plan at any time, for any reason, with advance notice to you (or to which we otherwise provide you with personalized access).
14.8 Additional Payment Terms. Payment of all Subscription Fees is due in advance, unless otherwise noted in the applicable Order Page. We have no obligation to perform under these Terms during any period in which all applicable fees due have not been paid in full.
14.9 Payment Card. To use our Services, you must provide to us and maintain at all times a valid, current credit or debit card (a “Payment Card”) and related billing information as a condition to using the Services, and we will automatically charge your Payment Card for any fees due, without the requirement of your signature or any additional action on your part. You expressly authorize us to charge your Payment Card for all fees owed to us in connection with the Services. Payments of fees are processed by a certain third party payment processor by us, from time to time, and such payment services are governed by their terms of service and privacy policy.
14.10 Taxes Excluded. Our fees do not include, and we are not responsible for: (i) any additional fees, charges, or duties imposed on you by any third party due to your use of the Services, including without limitation, any financial institution fees or processor or intermediary fees; or (ii) any taxes, levies, or duties or similar amounts related to the fees or your use of Services. You are responsible for paying all of the foregoing. YOUR OBLIGATIONS TO PAY AMOUNTS DUE WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.
15. Intellectual Property Rights.
15.1 Ownership of Services. We expressly and exclusively reserve for ourselves any and all registered and unregistered rights (whether or not registrable), granted, applied for, or otherwise now or hereafter in existence under or related to any patent or patentable subject matter, copyright or copyrightable subject matter, trademark or trademarkable subject matter, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world (the “Intellectual Property Rights”) that are created, generated, acquired, or used connection with the Portal and the Services. Nothing herein shall be deemed to grant any rights or licenses to our Intellectual Property Rights to you, except as is expressly required for you to use the Services (but not apart from your use thereof). Further, and for the avoidance of doubt, all information and content available through the Services, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement are the proprietary property of the Company or our licensors. You may use the foregoing solely as authorized by us in connection with your use of the Services for so long as we permit you to continue to access the Services.
15.2 Feedback. We will own any feedback, suggestions, ideas, or other information or materials regarding us or the Services that we provide, whether by email, posting or providing directly through the Services or otherwise (“Feedback”). You hereby assign to us all right, title and interest to Feedback together with all associated Intellectual Property Rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
15.3 License to User Content. You hereby grant to us a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, your User Content. You represent and warrant that: (i) you own the User Content or have the right to grant the rights and licenses in these Terms; and (ii) the User Content and use by us of the User Content as licensed herein does not and will not violate, misappropriate or infringe on the rights of any third party. We may remove any User Content from the Services for any reason at our discretion.
15.4 Limited Permission to Download. We hereby grant you permission to download, view, copy and print the Forms and other documents which you may receive through your Account on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that: (i) where provided, the copyright and trademark notices appearing on any Materials may not be altered or removed; and (ii) such materials are not modified in any way, except for authorized editing of downloadable Forms for personal use.
16. Third-Party Websites. The Portal may contain links to content and websites controlled by parties other than the Company (each a “Third-Party Website”). We work with a number of partners, affiliates, and service providers whose sites may be linked to/within the Portal. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Website. We do not make any guarantees about the content or quality of the products or services provided by such Third-Party Websites. We are providing these links to various Third-Party Websites to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of such Third-Party Websites, nor does it imply that the Company sponsors, is affiliated or associated with such Third-Party Websites. The Company shall have no responsibility for Third‑Party Websites, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. You acknowledge that you bear all risks associated with access to and use of content provided on a Third-Party Website and agree that the Company is not responsible for any loss or damage of any sort you may incur from dealing with such third party.
17. Termination; Effect of Termination; Suspension. These Terms become effective on the date on which you register for, purchase Subscription Plans to, log into, access, or use the Services, or otherwise indicate your agreement to these Terms (whichever is earlier) and shall continue in full force and effect until terminated as set forth below.
17.1 Termination by Non-Renewal. You may elect not to renew your Subscription Plan to the Services by providing notice to us either directly through the portal or, in accordance with the section titled “Contact Us” hereof, at any time prior to the conclusion of the Subscription Period then in effect (a “Non-Renewal Termination”).
17.2 Termination or Suspension by Us. Notwithstanding anything in these Terms to the contrary, we reserve the right to suspend our performance hereunder and/or suspend or limit your and/or any of our users’ access to or use of Services, or to terminate these Terms, immediately and without any liability to you in the event of: (i) a breach of these Terms by you (including failure to make any payment when due); or (ii) any act or omission of by you that: (a) constitutes a violation of these Terms; (b) in our reasonable discretion, poses a risk of disruption or interference with any portion of the Services (or the security thereof) or with any other user’s use of the Services (or any portion thereof); or (c) constitutes (in our reasonable discretion) an unreasonable, excessive or abusive use of Services, our systems or resources. Neither termination of these Terms or suspension of your use of the Service relieves you of your obligation to pay amounts due to us.
17.3 Effect of Termination. Termination of these Terms for any reason also terminates all of your rights to use any and all Services. If you cancel your Subscription Plan for convenience before the end of the current Subscription Period, the fees for that Subscription Period are non-refundable and remain due.
18. Privacy Policy. Please refer to our Privacy Policy, located on our Website and as updated from time to time, for information about how we collect, use, and share your information. By using and providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
19. Non-English-Speaking Users. Certain information, materials and content on the Portal are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, may be provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls, and we hereby disclaim any liability with respect any non-English translation, including incorrect or inaccurate non-English translations, which we may provide from time to time.
20. Indemnity. YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR LICENSORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, AND OUR AND THEIR EQUITYHOLDERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS (EACH INDIVIDUALLY AN “INDEMNITEE” AND COLLECTIVELY “INDEMNITEES”), TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AGAINST ANY AND ALL CLAIMS, LIABILITY, LOSS, DAMAGE, OR HARM (INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES) SUFFERED BY ANY INDEMNITEE ARISING FROM OR IN CONNECTION WITH ANY OF THE FOLLOWING (EXCEPT TO THE EXTENT CAUSED BY OUR OWN NEGLIGENCE OR WILLFUL MISCONDUCT):
(a) YOUR USE OF THE SERVICES OR YOUR BREACH OF ANY PROVISION OF THESE TERMS;
(b) ANY OF YOUR USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIM BY ANY THIRD PARTY:
(i) UNDER ANY LAW, RULE OR REGULATION THAT WOULD TREAT US AS THE AUTHOR, CREATOR, PUBLISHER, PROMOTER, OFFEROR, IMPORTER, EXPORTER, DESIGNER, MANUFACTURER, DISTRIBUTOR OR SELLER OF YOUR CONTENT; OR
(ii) THAT YOUR CONTENT (OR THE USE OF YOUR CONTENT BY ANY INDEMNITEE IN ACCORDANCE WITH THESE TERMS) INFRINGES, VIOLATES OR MISAPPROPRIATES ANY RIGHT OF SUCH THIRD PARTY OR FAILS TO COMPLY WITH ALL APPLICABLE THIRD-PARTY POLICIES, TERMS AND CONDITIONS AND ALL APPLICABLE LAWS, RULES AND REGULATIONS; OR
(c) ANY NEGLIGENT, WILLFUL, PURPOSEFUL, FRAUDULENT, OR UNLAWFUL ACTS OR OMISSIONS BY YOU.
ALL INDEMNITEES ARE EXPRESSLY MADE THIRD PARTY BENEFICIARIES OF THIS SECTION. THIS SECTION WILL SURVIVE THE TERMINATION OF THESE TERMS FOR ANY REASON.
21. Disclaimer of Warranties. YOUR ACCESS TO AND USE OF THE PORTAL AND THE SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE PORTAL AND THE SERVICES, ACCESS TO ATTORNEYS VIA THE ATTORNEY DIRECTORY AND THIRD-PARTY WEBSITES, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE PORTAL AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PORTAL AND THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PORTAL WILL BE ACCURATE OR MEET YOUR EXPECTATIONS, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE PORTAL WILL MEET YOUR EXPECTATIONS. THE COMPANY HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
YOU ACKNOWLEDGE THAT YOUR USER CONTENT MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, VIRUSES OR OTHER HARMFUL MATERIALS, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF USER CONTENT, OR OTHERWISE ANY INFORMATION OR RECORDS THAT YOU UPLOAD, STORE OR TRANSFER IN CONNECTION WITH OUR SERVICES.
THE COMPANY HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD-PARTY SERVICES. THE COMPANY IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED BY THIRD PARTIES OR THEIR WEBSITES. A THIRD-PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF THE COMPANY AND SUCH THIRD-PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE COMPANY.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
22. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, DEVELOPING, OR DELIVERING THE SERVICES SHALL BE LIABLE TO YOU FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, WEBSITE/SERVICES INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH: (I) THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES; (II) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES; (III) DELAYS OR DISRUPTIONS TO THE SERVICES; (IV) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE SERVICES; (V) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND ON THE SERVICES; OR (VI) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE SERVICES, IN EACH CASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR YOUR ACTIONS OR COMMUNICATIONS TRANSMITTED THROUGH THE SERVICES. THE COMPANY SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES OR OUTSIDE THE SERVICES OR FOR ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICES OR THIRD_PARTY WEBSITES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, THE AGGREGATE LIABILITY OF THE COMPANY SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE PROCEEDS WE RECEIVED FROM YOU, AS A USER, IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CIRCUMSTANCS GIVING RISE TO YOUR CLAIM, WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.
23. Arbitration, Class-Action Waiver, and Jury Waiver.
23.1 Applicability of Arbitration Agreement. You and the Company agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and the Company are not required to arbitrate any dispute in which either Party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. For clarity: the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
23.2 Initiating Arbitration. Before you commence arbitration of a claim, you must provide us with a written notice (a “Notice of Dispute”) that includes, with respect to Inmate Users, your name, inmate identification number, and correctional facility name, and with respect to all other users, your name, residence address, username, e-mail address or phone number you use for your Account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute should be sent to us by mail to My Justice Portal LLC, ATTN: Arbitration Filing, 12850 Hwy 9, Suite 600-235, Alpharetta, GA, 30004, USA. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your account, or by other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
23.3 Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through American Arbitration Association (“AAA”) and will be governed by their commercial arbitration rules, which are then in effect. If AAA is not available to arbitrate, the Parties will select an alternative customary arbitral mechanism. The rules of the arbitral mechanism will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. The seat of arbitration shall be Atlanta, Georgia. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the Party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
23.4 Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the Party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
23.5 Fees. We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims.
23.6 Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and the Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
23.7 Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND THE COMPANY ARE INSTEAD ELECTING TO HAVE CLAIMS AND DISPUTES RESOLVED BY ARBITRATION. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT, AND LESS COSTLY THAN RULES APPLICABLE IN COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN ANY LITIGATION BETWEEN YOU AND THE COMPANY OVER WHETHER TO VACATE OR ENFORCE AN ARBITRATION AWARD, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL AND ELECT INSTEAD TO HAVE THE DISPUTE BE RESOLVED BY A JUDGE.
23.8 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. IF, HOWEVER, THIS WAIVER OF CLASS OR CONSOLIDATED ACTIONS IS DEEMED INVALID OR UNENFORCEABLE, NEITHER YOU NOR WE ARE ENTITLED TO ARBITRATION; INSTEAD, ALL CLAIMS AND DISPUTES WILL BE RESOLVED IN A COURT AS SET FORTH IN SECTION 26.1.
23.9 Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the Party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
23.10 Opt-out. You can opt out of this provision within thirty (30) days of the date that you agreed to these Terms. To opt out, you must send, with respect to Inmate Users, your name, inmate identification number, and correctional facility name, and with respect to all other users, your name, residence address, username, e-mail address or phone number you use for your Account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: My Justice Portal LLC, ATTN: Arbitration Opt-out, 12850 Hwy 9, Suite 600-235, Alpharetta, GA, 30004, USA.
23.11 Arbitration Agreement Survival. THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH THE COMPANY.
23.12 Enforcement of My Justice Portal’s Intellectual Property. You acknowledge and agree that, in addition to or in lieu of arbitration pursuant to this Section 23, we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court of law or other forum having jurisdiction.
24. Contact Us. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: yourfriends@myjusticeportal.com.
25. Notices. We may deliver any notice required or permitted hereunder: (i) via a notice appearing in your account or on the Services; or (ii) via electronic mail to your contact information on record with us in your account information, which notice will be deemed received by you when posted or transmitted by us. Where we permit notices to be given to us via a feature or functionality of the Services (for example, changes to your account or billing information), you may give such notice through such feature or functionality and it will be deemed effective upon actual receipt by us, but only to the extent the notice is of a type for which the feature or functionality is intended to convey (for example, using your account page to update your contact information). Otherwise, all notices to us under these Terms (including notices of claims or disputes or to initiate arbitration) must be delivered in writing in hard-copy (paper) to us by: (a) personal delivery by hand; (b) registered mail; (c) certified mail, return receipt requested; or (d) reputable national or international mail courier with proof of delivery. Our current address is:
My Justice Portal LLC
Attn: Terms Notices
12850 Hwy 9, Suite 600-235,
Alpharetta, GA, 30004, USA
We may change this notice address by updating these Terms or by listing a new address on the applicable Services or website(s) associated with them. You are responsible for making sure that you are sending notices to our most current address. Notices given to our address will be deemed effective upon the first normal business day (non-weekend/non-holiday) following actual receipt by us at such address. THIS SECTION WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.
26. Miscellaneous.
26.1 Governing Law. The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of State of Georgia (US), without regard to conflict of law rules or principles (whether of Georgia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
26.2 Assignment. These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each Party. You may not assign, subcontract, delegate or otherwise convey these Terms, or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate this agreement (these Terms) and its obligations hereunder at any time, in its sole discretion.
26.3 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms will be unimpaired and these Terms will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions hereof.
26.4 Waiver. The failure of either Party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either Party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving Party.
26.5 Force Majeure. We will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder (including the temporary unavailability or inaccessibility of the Services) where such failure is the result of Force Majeure. As defined herein, “Force Majeure” means any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riot, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of building, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strike, industrial action or lockout; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond our reasonable control and without our fault or negligence.
26.6 Survival. Termination of these Terms will not affect the provisions that, by their nature, are intended to survive the termination hereof, including without limitation, Sections 12 and 14–26.
26.7 Entire Agreement; Order of Precedence. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the Parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.
[End of Terms of Service]