- Arbitration
Except those circumstances applicable to specialized procedure (e.g., DMCA claim), in any case where Legal.com is identified as either the Defendant, Respondent or analogous designation, any controversy or claim arising out of or relating to these Terms of Use or the subject site shall be settled by binding arbitration in accordance with applicable commercial arbitration rules of the American Arbitration Association or similar provider. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated with any claim or controversy involving any other party. Activities involving on-site discovery and arbitration hearings shall be in Sacramento, California.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Each party shall pay its own attorney’s fees and costs incurred in connection with any arbitration proceeding; and the parties shall share equally in the costs of arbitration. The parties waive all rights to judicial review of the arbitrator’s decision and any award resulting therefrom.
Judgment upon the award returned by the arbitrator may be entered in any court having appropriate jurisdiction, for enforcement of the award. If further proceedings become necessary to collect or enforce the arbitration award, said proceedings shall ensue in the court having entered the arbitration judgment. The prevailing party may seek its reasonable attorney’s fees and costs associated with the collection and enforcement of its arbitration award.
- Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. LEGAL.COM SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF LEGAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACT OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY LEGAL.COM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
- Indemnity
You agree to defend, indemnify, and hold Legal.com, its owners, officers, directors, employees, contributors, agents, licensors and licensees harmless from and against any and all claims, actions or demands, liabilities including awards and settlements and reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the site.