11. USE RESTRICTIONS
RealPractice imposes certain restrictions on your permissible use of the Services. You represent and agree that you will not:
(i) use the Services in contravention of these Terms, or of any applicable law, regulation or rule;
(ii) market or (except as may be expressly authorized) distribute access to the Services or any portion thereof;
(iii) assign; sublicense, sell, lease or otherwise transfer or convey your rights under these Terms;
(iv) violate or attempt to violate any security feature of the Services;
(v) access or attempt to access any content, data, programs or other RealPractice systems not intended for you, or log onto a server or account that you are not expressly authorized to access;
(vi) attempt to probe, scan, or test the vulnerability of the Services or any associated system or network, or to breach security or authentication measures without proper authorization;
(vii) damage, disable, overburden or impair the Services or interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus, worm, Trojan horse or similar harmful code to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(viii) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code, object code or interpretive script used by RealPractice in providing the Services;
(ix attempt to modify, copy, distribute, transmit, display, perform, reproduce, publish, rent, lease, loan, license, or create derivative works based on the Services;
(x) frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases, RealPractice IP (as defined in Section 18 below) or other lists, products or services provided through or obtained from or through the Services, or engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information from or through the Services;
(xi) use any meta tags or any other “hidden text” utilizing RealPractice IP without the express written consent of RealPractice;
(xii) engage in, encourage others to engage in, or provide instructional information about, conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or any regulation having the force of law;
(xiii) harm minors in any way or solicit personal information from or about a minor;
(xiv) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(xv) send email messages, post to any forum, or otherwise use the Services in any manner which intentionally or unintentionally violates any applicable local, state, national or international law or regulation (including without limitation, policies and laws related to spamming, privacy, obscenity or defamation);
(xvi) send email messages or make posts that contain falsified or misleading routing information, a return address that is either invalid or belongs to a third party and is used without permission, a misleading subject line and/or body copy, or promote a fraudulent scheme; and
(xvii) upload, download, post, email, transmit or otherwise make available any materials that: (a) are inappropriate, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, sexually explicit, promotes gambling, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships (including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) contain software viruses, worms, Trojan horses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of or otherwise harm any computer software or hardware or telecommunications equipment; (d) contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or (e) infringe any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party. You are solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content (as defined in Section 12 below) that you provide or transmit, or that is provided or transmitted using your Login Credentials. The burden of proving to RealPractice’s reasonable satisfaction that any User Content so provided or transmitted does not violate any laws or third party rights rests solely with you.
You further agree that you will not create links from any website or web page to the Services, except that you are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this RealPractice website (“Homepage”); provided that (i) the link does not portray RealPractice, or its products or services in a false, misleading, derogatory, or otherwise offensive manner; (ii) except as provided herein, you may not use any RealPractice logo or other proprietary graphic or trademark as part of the link without express written permission; and (iii) the link to the Homepage must be accompanied by a clear and prominent attribution at the point of origin indicating that the link is connected to the Homepage. For example, prominently positioning the RealPractice™, RealDealDocs™, RealCourtDocs™ and/or, SmartRules™ trademarks such that there is clear association between the trademark and the destination of the link would be acceptable. You agree that you will not juxtapose the RealPractice™, RealDealDocs™, RealCourtDocs™ or SmartRules™ trademark and associated link with your name or any other material(s) in a manner which might create any confusion that there is any affiliation or association between RealPractice, and you or any other person or entity. If RealPractice, for any reason in its sole and absolute discretion, requests in writing that you remove any link or links to the Homepage (or to any other part of the Services), you agree to promptly comply. You agree that if you create any link to the Homepage, you will not employ any technology that results in the placement of content from the Services in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the Services content from how it normally appears in a browser.
RealPractice reserves the right to investigate suspected violations of these Terms, though it undertakes no obligation to do so. If RealPractice becomes aware of a possible violation, RealPractice may initiate an investigation which may include gathering information from you, other entities involved, and/or the complaining party. If RealPractice believes, in its sole discretion, that a violation of these Terms has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of your access to the Services and/or deleting any materials from RealPractice’s system. RealPractice, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Terms could also subject you to criminal or civil liability. RealPractice reserves the right to release the contact information of users involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. RealPractice intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
If you breach these Terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to RealPractice, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay RealPractice $50.00 for each such unsolicited email, instant message or other unsolicited communication you send through the Services.
12. USER CONTENT
RealPractice may now or in future allow User Content (as defined below) in designated areas of the Services, whether publicly accessible areas, or restricted access areas controlled by individual Users (e.g. User-specific websites, blogs, etc.). You retain all of your ownership rights in information or other content which you submit, post, upload, display, perform, transmit or otherwise distribute to or through the Services (“User Content”), subject however to Section 13 below, and further subject to the following:
12.1 User Content in Publicly Accessible Areas. By submitting, posting, uploading, displaying, performing, transmitting, or otherwise distributing User Content to an area of the Services that is intended by RealPractice to be publicly accessible, including without limitation bulletin boards, chat areas, news groups, forums, communities, blogs, publicly accessible (as opposed to restricted access) web pages, publicly accessible (as opposed to restricted access) calendars, and/or other message or communication facilities designed to enable you to exchange thoughts and opinions with other members of the public, you are: (i) granting RealPractice, and its affiliates, a worldwide, royalty-free, perpetual, sublicensable, transferable, non-exclusive, non-revocable license to use the User Content in connection with the operation of RealPractice, and its affiliates, including without limitation, a right to use, host, copy, maintain, archive, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content; and (ii) representing and warranting that you own the rights to the User Content or are otherwise authorized to so submit, post, upload, display, perform, transmit, or otherwise distribute the User Content. You will not be compensated for any User Content. You are solely responsible for all User Content that you uploaded or otherwise transmitted to or via the Services (whether provided publicly or privately) using your account, as well as for any instructions given via your account with respect to such User Content.
12.2 User Content in Restricted Access Areas. By submitting, posting, uploading, displaying, performing, transmitting, or otherwise distributing User Content to an area of the Services that is intended by RealPractice to be accessible only through your account, including but not necessarily limited to restricted access web pages, calendars, document collaboration areas/tools, etc., you are: (i) granting RealPractice, and its affiliated companies and websites, a worldwide, royalty-free, perpetual, sublicensable, transferable, non-exclusive, non-revocable license to maintain and handle the User Content in the ways and for the purposes provided, as RealPractice may in its sole discretion deem appropriate, including without limitation, a right to host, copy, maintain, archive, reproduce, and (upon verified account login, using password or other security measures as RealPractice may implement from time to time in its sole discretion) distribute, transmit, display, perform and take other actions with respect to the User Content, as instructed via your account; and (ii) representing and warranting that you own the rights to the User Content or are otherwise authorized to so submit, post, upload, display, perform, transmit, or otherwise distribute the User Content. You will not be compensated for any User Content. You are solely responsible for all User Content that you uploaded or otherwise transmitted to or via the Services (whether provided publicly or privately) using your account, as well as for any instructions given via your account with respect to such User Content.
12.3 Monitoring of User Content. RealPractice generally does not pre-screen User Content (whether posted to a website hosted by RealPractice or posted to the Services). However, RealPractice reserves the right (but undertakes no duty) to do so and to decide whether any User Content is appropriate and/or complies with these Terms. RealPractice may remove any User Content (whether posted to a website hosted by RealPractice or posted to the Services) and/or terminate a User’s access to the Services for posting or publishing any material in violation of these Terms, or for otherwise violating these Terms (as determined by RealPractice in its sole and absolute discretion), at any time and without prior notice. RealPractice may also terminate a User’s access to the Services if RealPractice has reason to believe the User is a repeat offender. If RealPractice terminates your access to the Services, RealPractice may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. Always use caution when posting any personally identifying information about yourself, your children or other individuals on the Services.
12.4 User Content Disclaimer. YOU UNDERSTAND THAT WHEN ACCESSING OR USING THE SERVICES, YOU MAY BE EXPOSED TO USER CONTENT FROM A VARIETY OF SOURCES, AND THAT REALPRACTICE IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST REALPRACTICE WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD REALPRACTICE, ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICES. You hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
13. USER SUBMISSIONS
Any comments, feedback, suggestions and ideas disclosed, submitted or offered to RealPractice in connection with your use of the Services (collectively “Submissions”) shall be owned exclusively by RealPractice. You agree that RealPractice shall: (i) not be under any obligation of confidentiality, express or implied, with respect to the Submissions; (ii) be entitled to use or disclose Submissions for any purpose, without restriction worldwide; and (iii) not owe you any compensation or reimbursement of any kind under any circumstances for use or disclosure of Submissions.
14. THIRD PARTY SERVICES AND SITES
The Services may provide links or other access to Third Party services, websites or resources. Your business dealings with any Third Party found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. REALPRACTICE MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE QUALIFICATIONS, CREDENTIALS, EXPERTISE, CREDIT WORTHINESS, ACCURACY OF INFORMATION, INSURANCE, LICENSURE, BOND, GOODS OR SERVICES PROVIDED BY SUCH THIRD PARTY OR OF OTHER INFORMATION FOUND ON OR THROUGH THE SITE OR OTHERWISE MADE AVAILABLE BY REALPRACTICE. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY SELECTING ANY THIRD PARTY WITH WHOM YOU CHOOSE TO CONDUCT BUSINESS, HIRE, PROVIDE SERVICES TO OR OTHERWISE INTERACT WITH. REALPRACTICE SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF: (I) ANY DEALINGS OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTY, OR A LINK TO SUCH THIRD PARTY, ON THE SITE; (II) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY SUCH THIRD PARTY’S BACKGROUND, INSURANCE, CREDIT OR LICENSING; OR (III) THE QUALITY OF SERVICES PERFORMED BY ANY SUCH THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES. In the event that you have a dispute with any such Third Party, you release RealPractice, its parent, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Unless expressly provided herein to the contrary, these Terms govern your access to and use of any and all Third Party services and Third Party Content accessed on or through the Services, or otherwise made available by RealPractice. You hereby waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
15. STORAGE AND ACCESS
RealPractice may, in its sole discretion: (i) limit the duration and frequency of your access to the Services; and (ii) delete accounts that are inactive for an extended period of time. RealPractice shall have no responsibility or liability for the deletion or failure to store any account, messages, postings, communications or other content maintained or transmitted by the Services. You are solely responsible for maintaining all appropriate backup of files and data stored on the Services and/or on RealPractice servers.
