Terms of Service
This Terms of Service agreement (the “Agreement”) governs use of online services of e-House Counsel (also referred to as “we”, “us”, or “our”), including but not limited to e-House Counsel website www.ehousecounsel.com and all sub-domains (the “Site”), mobile applications and portals powered by e-House Counsel and all features, content and products and services (collectively, the “Services”).
eHouse Counsel reserves the right to update or make changes to this Agreement from time to time and may provide you with notice of such changes by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site or in connection with the Services. Your access to or use of the Site or Services following changes to this Agreement will constitute your acceptance of those changes. When using any Services, you agree that you are subject to any additional terms and conditions posted by us that are applicable to such Services, which are hereby incorporated by reference into this Agreement.
To use the Services, you will need to register and obtain an account. You are solely responsible for maintaining the confidentiality of your account, username and password (collectively, your “Account”) and for all activities associated with or occurring under your Account. You represent and warrant that your Account information will be accurate at all times and you agree not to misclassify your Account. You must notify us (a) immediately of any unauthorized use of your Account and any other breach of security. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to your notifying us of unauthorized access to your Account.
License to Use Services
Subject to this Agreement, eHouse Counsel grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
You must comply with all applicable laws, rules and regulations while accessing or using the Site and/or Services. In addition, we expect users to respect the rights and dignity of others.
Your use of the Site and/or Services is conditioned upon your compliance with the rules set forth in this section.
You must not post, transmit, or otherwise make available, through or in connection with the Site or Services:
a. Anything that could be threatening, harassing, discriminatory, degrading, hateful, intimidating, defamatory, fraudulent or otherwise tortious;
b. Anything that could give rise to criminal or civil liability (including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense;
c. Any virus, worm, Trojan horse, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
d. Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation.
Furthermore, you must not:
e. Interfere with or disrupt the operation of the Site or Services or the servers or networks used to make the Site or Services available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or in connection with the Services or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.
f. Modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Site or Services.
g. Remove any copyright, trademark or other proprietary rights notice from the Site or Services or any materials available through the Site or Services.
h. Frame or mirror any part of the Site or Services without express prior written consent of e-House Counsel.
i. Systematically download or store content from the Site or Services.
j. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Site or in connection with the Services or reproduce or circumvent the navigational structure or presentation of the Site or Services. Notwithstanding the foregoing, e-House Counsel grants the operators of public search engines permission to use spiders to copy materials from the Site 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. e-House Counsel reserves the right to revoke these exceptions either generally or in specific cases.
Trade names, trademarks and service marks on the Sites or Services, including without limitation e-House Counsel, and the e-House Counsel logo are owned by e-House Counsel. Such trade names, trademarks and service marks, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site or Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such trade names, trademarks or service marks without the express prior written consent of the owner.
We make available our services for purchase through the Site or Services, and we may use third-party service providers to enable e-commerce functionality on our Site or Services. If you wish to purchase any product or service made available by us through the Site or Services, you may be asked to supply certain information relevant to your transaction, including your credit card number information. You represent and warrant that you have the legal right to use any credit card(s) utilized in connection with any transaction. By submitting such information, you grant to e-House Counsel the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
LIMITATION OF LIABILITY
e-House Counsel WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, e-House Counsel WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, OR FROM ANY CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICES BY e-House Counsel OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THE SITE OR SERVICES. THE MAXIMUM LIABILITY OF e-House Counsel FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO e-House Counsel TO ACCESS AND USE THE SITE OR SERVICES.
While we try to maintain the integrity and security of the Site and Services and the servers from which the Site and Services are operated, we do not guarantee that the Site or Services will be or remain secure, complete or correct, or that access to the Site or Services will be uninterrupted. The Site or Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site or Services. If you become aware of any unauthorized third party alteration to the Site or Services, contact us at firstname.lastname@example.org with a description of the material(s) at issue and the URL or location on the Site or Services where such material(s) appear.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless e-House Counsel against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or Services; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that any of your Submissions or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.
Governing Law and Arbitration
This Agreement is governed by the laws of the State of California, County of Orange, without regard to its conflicts of law provisions, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND e-House Counsel, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THIS SITE OR SERVICES, YOU AGREE THAT YOU AND e-House Counsel ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in County of Orange, State of California, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.