Last Updated: June 4, 2019
Welcome to Legal Thunder!
2. Access to the Website
License. Subject to these Terms, Legal Thunder grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for your own personal, noncommercial use.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.
Modification. Legal Thunder reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that Legal Thunder will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof. Legal Thunder will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
No Support or Maintenance. You acknowledge and agree that Legal Thunder will have no obligation to provide you with any support or maintenance in connection with the Website.
Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by Legal Thunder. Neither these Terms (nor your access to the Website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms. Legal Thunder reserves all rights not granted in these Terms. There are no implied licenses granted under these Terms.
3. Age and Eligibility
In order for you use our Services you must be at least 18 years of age or legally emancipated and eligible to enter into a contract by the laws of your jurisdiction. By using our Services, you represent to us that you meet this criteria of eligibility.
If you subscribe to or otherwise access our Services on behalf of a company or other organization, you represent that you have authority to bind such employer, company, or other organization by your actions.
5. Account Registration
Legal Thunder may require you to create an account (“Account”) in order to access and utilize parts of our Website and the Services. By creating such Account, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself as requested by our account registration processes. You further agree that you are responsible for maintaining the confidentiality of your password and username which together provide access to your Account and any information related thereto. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with another person or entity, including by use of another person’s username, password, email, or other account information. You agree to notify us promptly of any unauthorized use of your username, password, email, or other account information or if you become aware of any other breach of security involving your Account or our Services. You may delete your Account at any time, for any reason, by following the instructions on our Website. We reserve the right to suspend or terminate your Account in accordance with Section 13 of these Terms.
6. User Content and Acceptable Use
User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Website (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined below). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Legal Thunder. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Legal Thunder is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
License. You hereby grant (and you represent and warrant that you have the right to grant) to Legal Thunder an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Website. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- You agree not to use the Website to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- In addition, you agree not to: (i) upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Website; or (vii) use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 13, and/or reporting you to law enforcement authorities.
Feedback. If you provide Legal Thunder with any feedback or suggestions regarding the Website (“Feedback”), you hereby assign to Legal Thunder all rights in such Feedback and agree that Legal Thunder shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Legal Thunder will treat any Feedback you provide to Legal Thunder as non-confidential and non-proprietary. You agree that you will not submit to Legal Thunder any information or ideas that you consider to be confidential or proprietary.
7. Payment Terms
Many aspects of our Website and Services require a subscription (each, a “Subscription”) to access. We offer a number of subscription options (each, a “Plan”) from which to choose. Plans may differ in range and duration of access to our Services. For more information regarding our Subscription Plans, please visit the page about our plans and our FAQs. Please note that our Subscriptions are automatically recurring until cancellation. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LEGAL THUNDER (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTOMATICALLY AUTHORIZED TO CHARGE YOU PURSUANT TO THE TERMS YOUR SUBSCRIPTION PLAN AND THAT YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT. All fees are payable in United States dollars. All purchases are non-refundable. Payments made through the Website will be processed using Stripe.
8. No Formation of an Attorney-Client Relationship, Limited Use of Services
Although one of the developers of Legal Thunder is an attorney, neither she nor Legal Thunder, LLC, is your attorney. ACCESSING OR USING OUR WEBSITE AND/OR SERVICES DOES NOT FORM AN ATTORNEY-CLIENT RELATIONSHIP.
Legal Thunder provides “self-help” information and tools so that you can educate yourself about the general policies and laws which may or may not affect you. By accessing our Website or by using our Services, you agree to do so for informational purposes only. LEGAL THUNDER’S WEBSITE AND SERVICES ARE NOT A SUBSTITUTE FOR LEGAL ADVICE OR LEGAL REPRESENTATION. LEGAL THUNDER IS NOT A LAW FIRM AND CANNOT PROVIDE LEGAL ADVICE. OUR WEBSITE AND SERVICES ARE BEST UTILIZED IN CONJUNCTION WITH LEGAL ADVICE FROM AN ATTORNEY LICENSED IN YOUR JURISDICTION. BY ACCESSING OUR WEBSITE OR BY OTHERWISE UTILIZING OUR SERVICES, YOU ACKNOWLEDGE THAT THE USEFULNESS AND APPLICABILITY OF OUR WEBSITE AND SERVICES DEPEND UPON YOUR OWN KNOWLEDGE OF THE APPLICABLE LAWS AND THE RELEVANT FACTS WHICH MAY OR MAY NOT AFFECT YOUR SPECIFIC SITUATION, AND UPON THE INFORMATION, IF ANY, YOU CHOOSE TO INPUT INTO THE WEBSITE AND SERVICES. BY ACCESSING OR USING THE WEBSITE AND/ OR SERVICES, YOU ACKNOWLEDGE (1) THAT THE LEGAL SYSTEM IS HIGHLY FACT-SPECIFIC; (2) THAT THE INTERPRETATION AND APPLICATION OF LAWS CAN BE HIGHLY TECHNICAL AND SUBJECTIVE; AND (3) THAT LEGAL THUNDER IN NO WAY REPRESENTS THAT THE INFORMATION PROVIDED BY OUR WEBSITE, PLATFORM, OR SERVICES IS NECESSARILY APPLICABLE TO YOUR SITUATION OR WOULD BE CONFIRMED OR ADOPTED BY ANY COURT OF LAW. IF YOU HAVE ANY QUESTIONS ABOUT THE APPLICABILITY OF THE INFORMATION, TOOLS, OR OTHER DATA PROVIDED BY OUR WEBSITE OR SERVICES, PLEASE CONTACT AN ATTORNEY LICENSED IN YOUR JURISDICTION.
9. Privacy and Your Personal Information
10. Ownership, Copyright, Digital Millennium Copyright Act
Legal Thunder’s Website and Services are owned and operated by Legal Thunder, LLC. All right, title and interest in and to the content and materials provided in the Website and Services, including written copy, documents, logos, graphics, videos, and images (individually and collectively, “Materials”), are owned by either Legal Thunder or our third party vendors. Except as otherwise expressly permitted by these Terms, no Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way. Nothing in our Website or Services, including the establishment of an Account or Subscription, shall be construed to confer any license under our intellectual property rights. All rights not expressly granted herein are reserved by Legal Thunder.
Legal Thunder adheres to the Digital Millennium Copyright Act (“DMCA”) and will promptly take down or remove any material reproduced or published without the copyright owner’s authorization once we have been so notified. If you have a good faith belief that your Material has been reproduced or published without authorization in a way that constitutes a copyright infringement, please send such notice to us via email@example.com. Such notice must include (1) adequate information by which we can contact you; (2) identification of the Material you believe has been infringed with sufficient precision that would permit us to locate such material; and (3) a written statement made under penalty of perjury that you have a good faith belief that our use of copyrighted Material was not authorized by the copyright owner, its agent, or the law. In the event you knowingly make false misrepresentations that such Material is infringing your copyright, you may be held liable for damages, including costs and attorneys’ fees.
11. Permitted Use, Limited Permission to Download
Legal Thunder grants you permission to view, download, copy, and print our Materials consistent with the terms of your Subscription only if (1) you do so solely for your personal, informational, non-commercial use; (2) the Materials are not modified in any way, except as permitted by the terms of your Subscription; and (3) the copyright, logo, and trademark notices on any Materials are not altered or removed. For more information regarding the terms of your Subscription, please visit the page about our plans or our FAQ.
12. Prohibited Use
13. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website (including your Account) at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Website will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Legal Thunder will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, Sections 8, 15, and 16 of these Terms will remain in effect
14. Links to Third Party Websites, Products, and Services
You hereby release and forever discharge Legal Thunder (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of, other Website users or any third-party links and/or advertisements).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
15. Warranties, Disclaimers, Limitation on Liability
Our Website and Services are provided on an “as is” and “as available” basis. Our Services are largely automated and errors can and do occur. Although Legal Thunder regularly audits and updates our Website and Services to keep up with the ever-changing laws and practices relevant thereto, these audits and updates take time and there may be some delay. By accessing or using our Website and Services, you acknowledge and accept these inherent limitations of accessibility, accuracy, and currency. Please check our blog for notification of such updates. If you have any questions about the currentness or accuracy of our Website or Services, please contact a licensed attorney in your jurisdiction. LEGAL THUNDER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, LEGAL THUNDER SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) ABILITY OR INABILITY TO ACCESS OR USE OUR WEBSITE OR SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF INFORMATION OR DATA STORED WITH US. LEGAL THUNDER’S LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU PAID TO US FOR YOUR SUBSCRIPTION IN THE TWELVE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You understand and agree that you are personally responsible for your use of our Website and Services. You further agree to indemnify and hold Legal Thunder (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Website, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, and/or (d) your User Content. Legal Thunder reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Legal Thunder. Legal Thunder will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
17. Governing Law
18. Contact Information
Comments or questions about these Terms may be sent via email to firstname.lastname@example.org. You may also contact us at our mailing address:
Legal Thunder, LLC
1627 Vine Street
Denver, Colorado 80206