YOU MUST READ THE TERMS AND CONDITIONS (TERMS) CAREFULLY!
1. Terms of Use:
By accessing this Website or by using any TabLit Applications, LLC mobile application (TabLit Apps), you agree that you are bound by these Terms
and by all applicable laws and regulations. If you do not agree with any of these Terms,
you must leave this Website immediately.
The materials contained on this Website and in the TabLit
Apps are protected by applicable copyright and trademark law. This Website includes (a) the TabLit Applications website, (b) all information included
on the TabLit Applications Website, and (c) any
services accessible via the TabLit Applications
Website. The TabLit
Apps include TabLit: Oral Argument and any future
applications developed by TabLit Applications, LLC.
2. Access and Representations of Use: This Website and the TabLit Apps may not be accessible for use in all locations. If you are using this Website or the TabLit Apps on behalf of your employer, you represent that your employer has authorized you to accept these Terms on your employer's behalf. You also represent that your employer agrees to indemnify you and TabLit Applications for a violation of these Terms.
3. Warranties: TabLit Applications, LLC, (TabLit) provides the materials on this Website AND IN THE TABLIT APPS "as is." TabLit makes no warranties, expressed or implied, and disclaims all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement. TabLit does not warrant or make any representations concerning the accuracy, results, or reliability of the use of the materials on this Website or the TabLit Apps. TabLit has no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of this Website or the TabLit Apps.
4. Assumption of Risk: You acknowledge and agree that you should not rely on this Website, the TabLit Apps, TabLit, or TabLit Services for any reason. You further acknowledge that you are solely responsible for maintaining and protecting all of your data and information, even if it is stored, created, retrieved, or otherwise processed by this Website or the TabLit Apps. You acknowledge that TabLit makes no representation that (a) the Website or the TabLit Apps will be uninterrupted, secure, or error-free; (b) the results obtained from use of the Website or the TabLit Apps will be accurate or reliable; or (c) any errors on the Website or the TabLit Apps will be corrected. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING THIS WEBSITE OR THE TABLIT APPS, INCLUDING ANY DAMAGES OR LOSS OF INFORMATION RESULTING FROM COMPUTER VIRUSES.
5. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TABLIT, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT TABLIT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES—EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO TABLIT FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
6. Indemnity: You agree to indemnify and hold TabLit and its, officers, directors, agents, licensors, suppliers, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or the TabLit Apps, your violation of the Terms, or your violation of any rights of another.
7. Revisions and Errors: The materials appearing on the Website and in the TabLit Apps may include technical, typographical, or photographic errors. TabLit does not warrant that any of the materials on the Website, in the TabLit Apps, or in any marketing materials are accurate, complete, or current. TabLit may make changes to the materials contained on the Website, in the TabLit Apps, or in its marketing materials any time without notice. TabLit does not make any commitment to update any of these materials.
8. Links: TabLit has not reviewed all links that may be posted on the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TabLit of the third-party site or endorsement of the TabLit Apps or TabLit services by the third-party link. Use of any such linked website is at the user's own risk.
9. Site Terms of Use Modifications: TabLit may revise these Terms at any time without notice. By using the Website or the TabLit Apps, you are agreeing to be bound by the then current version of these Terms.
10. Your Information and Privacy: By using the Website and TabLit Apps, you submit information related to your clients' cases. You retain full ownership of your information. These Terms do not grant us any rights to your information. Nevertheless, we may need your permission to do certain things that you ask us to do with your information, for example, storing your arguments on our servers for access by the TabLit Apps. You agree that we need to do those things solely to provide our services to you, and you give us permission to do so. To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Website, the TabLit Apps, or the services change, we will not share your information with others, including law enforcement, for any purpose unless you direct us to do so or unless we are under a court order to do so. Additionally, you are solely responsible for the content of your files and folders related to the Website services or the TabLit Apps. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms. If any of the content that you use in connection with the TabLit Apps is the protected intellectual property of others, you are responsible and liable for how you use that content.
11. Account Security: You are responsible for safeguarding the password that you use to access the Website or the TabLit Apps, and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify TabLit of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of information to TabLit, it is your responsibility to use a secure encrypted connection to communicate with the Website or using the TabLit Apps.
12.0 Intellectual Property Rights: Except as expressly authorized by TabLit, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of any content of the Website or the TabLit Apps. Additionally, you must not modify, decompile, or reverse engineer any of the TabLit Apps, and you must not remove or modify any copyright notice, trademark notice, or other notice of ownership.
12.1 Trademarks: "TabLit Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, or other designation that TabLit uses in connection with its products and services. You may not remove, use, or alter any TabLit Trademarks without TabLit's prior written consent. You acknowledge TabLit's rights in the TabLit Trademarksks and agree that any use of the TabLit Trademarks by you will inure to Tablit's sole benefit. You agree not to incorporate any TabLit Trademarks into your trademarks, service marks, company names, web addresses, domain names, or any other similar designations, for use on or in connection with any products, services, or technologies.
12.2 No License: Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights. Permission is granted to display, use, and download TabLit Apps or services on the Website provided that: (a) any applicable copyright notice remains on the content; (b) such content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (c) no modifications are made to such content. This permission terminates automatically without notice if you breach any of the Terms.
13. Termination: Though we hope you like the Website and the TabLit Apps, you can terminate your account at any time. We reserve the right to suspend or end our Website services or support for the TabLit Apps at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Website Services or the TabLit Apps in any way that would cause us legal liability or disrupt others' use of the Website or the TabLit Apps. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve your information, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your account immediately.
14. Force Majeure: TabLit will not be liable for any failure or delay in the performance of its obligations caused by events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers. Upon the occurrence of any such event, TabLit will be excused from any further performance of its obligations effected by the event for so long as the event continues.
15. Merger: These Terms contain the your entire agreement with TabLit with respect to the contents of the Terms. These Terms supersede all prior agreements between you and TabLit with respect to such Terms.
16. Modifications: Any modifications to these Terms may be made by TabLit and will be posted on the Website.
17. Choice of Law and Venue: These Terms will be interpreted under the laws of the State of Michigan. Any litigation under this Agreement must take place in the County of Oakland, State of Michigan or in the United States District Court for the Eastern District of Michigan—Southern Division.
18. Severability: If a provision of the Terms is found to be unenforceable, that provision will be rewritten to reflect TabLit's intention. All remaining provisions of the Terms will remain in effect.
19. Remedies: The rights and remedies reserved to TabLit under these Terms are cumulative with, and in addition to, all other remedies provided in law or equity.
20. No Waiver: The failure of TabLit any time to require your performance of any provision of these Terms will not affect the right to require such performance at any later time. A waiver by TabLit of a breach of any provision of these Terms will not constitute a waiver of any succeeding breach of the same or any other provision. No course of dealing or course of performance may be used to evidence a waiver or limitation of your obligations under these Terms.
21. Export Laws: Services and TabLit Apps derived or obtained from this Website may be subject to U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, must: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use the Website services or TabLit Apps to design, develop, or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide the Website services or TabLit Apps to prohibited countries and entities identified in the U.S. export regulations.
22. Survival: The rights and obligations under the Terms that, by their nature, should survive any termination of your use of the Website or TabLit Apps will remain in full effect after termination or expiration of such use.
23. Governing Law: Any claim relating this Website or the TabLit Apps will be governed by the laws of the State of Michigan without regard to its conflict of law provisions.