Terms of service
Beta Participant is an individual that desires to participate in the Legal Collect Me Beta Program (“LCM Beta”) which provides access to confidential work, software, materials, services, products, and features currently in development by Legal Collect Me. In exchange for Beta Participants use, Legal Collect Me will receive the benefit of Beta Participant’s feedback and reports as a Beta tester of Legal Collect Me.
Legal Collect Me and Participant agree to the following:
- Beta Test Material.
All materials, services, products, and features (including any related components, accessories, and documentation) provided by Legal Collect Me (“LCM”) in connection with the Beta Program shall be referred to in this Agreement collectively as the “LCM Beta”. This is a Beta test program designed to acquire user feedback and ideas in exchange for use of the LCM Beta.
Legal Collect Me grants the Beta Participant a personal, non-exclusive, non-transferable license to use LCM Beta solely for the purpose of Beta Participant’s internal evaluation and testing on personal and client matters. The LCM Beta may not be disclosed (publicly or privately), sublicensed, sold, assigned, leased, loaned, or otherwise transferred by the Beta Participant to any party, for any reason.
- LCM’s Obligations.
- LCM will deliver the LCM Beta to each Beta Participant in exchange for $1.00 USD for the one month Beta period.
- LCM will provide technical support for the LCM Beta.
- LCM will provide necessary instructions, safety information, and cautions concerning the LCM Beta.
- LCM will protect, secure and hold confidential, all LCM Beta information using the same care and process afforded to non-LCM Beta client data.
- LCM has no obligation to develop or provide any updates or revisions to the LCM Beta, and LCM reserves the right to alter or adjust performance specifications for the LCM Beta as it deems necessary or desirable.
- Participant’s Obligations and Representations.
- Beta Participant agrees to test and evaluate the LCM Beta as requested and described in any instructions provided by LCM. The Beta Participant agrees to familiarize themselves with the LCM Beta information, instructions and documentation provided by LCM and to only use or test the LCM Beta as directed. The Beta Participant will use the tools and processes within LCM Beta to promptly notify LCM of any and all functional flaws, errors, anomalies, and problems directly or indirectly associated with, known or discovered, during the LCM Beta. The Beta Participant agrees to provide LCM with such feedback via the methods designated by LCM and to promptly respond to any and all reasonable inquiries, questionnaires, surveys, and other test documents submitted to the Beta Participant by LCM.
- If the Beta Participant is a company or other entity, Beta Participant shall designate to LCM, an employee or representative, include her or himself, who will serve as the single point of contact and responsible for maintaining communication with LCM. In addition, the address, where Participant will test the Beta Test Material, will be provided to LCM. If the Beta Participant changes either its contact person or address, it will promptly notify LCM of such change.
- The Beta Participants agree, that as a condition of participation in the LCM Beta Program, LCM will have access to all data collected in the LCM Beta for the purposes of research, product revision(s) and planning. All personally identifiable information in the data shall, at all times, remain confidential.
- Any feedback, ideas, modifications, suggestions, improvements, and the like, collectively known as “Feedback” by the Beta Participant with respect to the LCM Beta will remain the property of LCM. The Beta Participant agrees to assign, and hereby assigns, unrestricted right, title, and interest worldwide, without claim or future claim, for the Feedback and intellectual property rights to LCM or revisions to LCM as a result of the Feedback. LCM may disclose or use the Feedback for any purpose whatsoever without current or future obligation to the Beta Participant.
- The Beta Participant agrees that LCM shall have no responsibility for any related incidental costs to participate in the LCM Beta should they be incurred. These include, but are not limited to costs for Internet access and phone services, accessories, cabling, software, hardware, travel, conference calls, client expenses, etcetera, associated with the LCM Beta and incurred during the Beta Participant’s use of the LCM Beta.
- You represent that neither you nor any member of your household is: a) a member of the press or any public newsgroup, or b) an employee, consultant to, reseller of, or representative of any Competitor or potential Competitor of LCM. “Competitor” is defined in this instance as any person, firm, corporation, or other entity that provides products or services, or has any significant or material business in the provision of, development or sales of ediscovery services or software, social media discovery tools, services or software related to discovery products, legal hold or related legal support services.
- The Beta Participant agrees to be bound by any additional terms and guidelines in LCM’s Terms of Service if and when amended (available at www.legalcollectme.com/terms), including any community guidelines and/or prohibited use, in connection with any user forums available or accessible during the LCM Beta term.
- The Beta Participant acknowledges that as a Beta Participant, the members of Beta Participant’s household, or Beta Participant’s employees (as applicable, “Recipients”), may have access to, and LCM may disclose to Beta Participant, certain valuable information belonging to and relating to LCM which LCM considers confidential, including, but not limited to, information concerning the LCM Beta, trademark(s) and trade name(s), computer programs, user manuals, sales and marketing plans, business plans, processes, and other trade secrets (“Confidential Information”). Beta Participant shall ensure that Beta Participant and all Recipients, use the Confidential Information solely for testing purposes and shall not disclose, without LCM’s written consent, such Confidential Information to third parties or use such Confidential Information for their own benefit or for the commercial benefit of third parties.
- If the Beta Participant is a company or other entity, Beta Participant shall disclose Confidential Information only to those of its employees who need to know such information for the purpose of testing LCM’s products and services, and who will be subject to these written obligations of confidentiality.
- Beta Participant acknowledges that the LCM Beta contains Confidential Information developed by LCM and that all right, title and interest therein and in other LCM Confidential Information remain vested in LCM. The Beta Participant shall not, and shall ensure that all any Recipients do not, disclose that it is evaluating or testing or has evaluated or tested the LCM Beta (or the results of such testing) to any third party without LCM’s prior written consent, including but not limited to disclosure over social media, blogs or public facing news outlets. In addition, Beta Participant agrees to treat any communications and reports prepared under this Agreement or during the LCM Beta as Confidential Information and will not divulge the existence or content of such communications or reports to any third party without LCM’s prior written consent.
- This Agreement shall impose no obligation of confidentiality upon Beta Participant with respect to any portion of the Confidential Information which: (i) now or hereafter, through no act or failure to act on Beta Participant’s part, becomes generally known or available; (ii) is known to Beta Participant at the time Beta Participant receives same from LCM as evidenced by written records; (iii) is hereafter furnished to the Beta Participant by a third party as a matter of right and without restriction on disclosure.
Proprietary Rights; No Right to Copy, Modify, or Disassemble.
- The LCM Beta provided by LCM and all copies thereof, are proprietary to and the property of LCM. All applicable rights in all copyrights, trademarks, trade secrets, trade names, patents, computer code and other intellectual property rights in or associated with the LCM Beta are and will remain the property of LCM and the Beta Participant shall have no rights what-so-ever to any intellectual property in the LCM Beta.
- The Beta Participant may not, and shall prevent all Recipients from attempting to copy or reproduce the LCM Beta without LCM’s prior written consent, except as reasonably needed to perform its obligations hereunder. The Beta Participant may not, and shall prevent all Recipients from attempting to, copy or reproduce any software or documentation provided by LCM without LCM’s prior written consent, except as is reasonably needed to perform Beta Participant’s obligations under this Agreement. Each permitted and licensed copy of software or documentation must contain LCM’s proprietary and copyright notices in the same form as on the original. Participant shall not remove or deface any portion of any legend provided on any part of the LCM Beta and associated materials.
- Beta Participant agrees to secure and protect the LCM Beta in a manner consistent with the maintenance of LCM’s rights therein and to take appropriate actions by instruction or agreement with any of its employees or agents when necessary or requested by LCM.
- Beta Participant shall not, and shall prevent all Recipients from attempting to, reverse engineer, alter, modify, disassemble or decompile the LCM Beta, or any part thereof, without LCM’s prior written consent.
Disclaimer of Warranty.
By its nature, the LCM Beta may contain errors, bugs and other problems that could cause unexpected system failure during testing. As a Beta, the quality assurance testing of the LCM Beta may not be complete for some elements. Beta Participant acknowledges and agrees that the LCM Beta may contain, in LCM’s sole discretion, more or fewer features or different licensing terms than subsequent commercial release versions. Because the LCM Beta is subject to change, LCM reserves the right to alter the LCM Beta at any time. Any reliance on the LCM Beta is taken at the Beta Participant’s own risk. Without limiting any disclaimer of warranty or other limitation stated herein, Beta Participant agrees that any LCM Beta use is not considered complete and fully tested by LCM and as such may not be suitable for commercial use, and that LCM may contain errors affecting proper operation. BETA PARTICIPANT ACCEPTS THE LCM BETA “AS IS.” LCM MAKES NO WARRANTY OF ANY KIND REGARDING THE LCM BETA. LCM HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OMISSIONS, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS. NEITHER LCM NOR ITS LICENSORS WARRANT THAT THE LCM BETA WILL MEET PARTICIPANT’S REQUIREMENTS AND THAT THE OPERATION OF THE LCM BETA WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LCM BETA WILL BE CORRECTED.
Term and Termination.
- The term of this Agreement shall begin on January 13th, 2020 or the registration date of the Beta Participant as recorded by LCM, which ever is earlier, and shall continue until February, 14th 2020 or the end of the LCM Beta whichever is later. Upon termination of this Agreement for any reason, the obligation to protect Confidential Information shall survive such termination.
- Upon termination of this Agreement, Beta Participant agrees to (a) inform LCM, if participant is continuing or discontinuing use of LCM at least seven (7) days before termination, or (b) purchase a license to continue commercial use of LCM.
- The provisions of, and the obligations of the parties under, Sections 5, 6, 7, 8, 9 and 10, and any other provisions that would normally survive, shall survive the termination of this Agreement.
Limitation of Liability.
IN NO EVENT SHALL LCM BE LIABLE TO THE BETA PARTICIPANT OR ANY THIRD PARTY FOR ANY GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE LCM BETA OR THE TRANSACTIONS CONTEMPLATED HEREIN, EVEN IF LCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THIS AGREEMENT OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Exporting Restrictions; United States Government Legends.
The LCM Beta, including Software, provided to Participant may be subject to United States Export Restrictions. Beta Participant agrees not to export or re-export any LCM Beta Material or accompanying documentation in violation of any applicable laws and regulations of the United States or the country in which the Beta Participant obtained them.
A waiver of any default hereunder or of any of the terms and conditions of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed.
Beta Participant shall not assign any rights or delegate any obligations under this Agreement, by operation of law or otherwise, without LCM’s prior written consent; any attempted assignment shall be null and void and shall result in the termination of this Agreement. If any part of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of this Agreement which shall remain in full force and effect.
This Agreement shall be governed by the laws of the State of Tennessee, excluding any such laws that might direct the application of the laws of another jurisdiction. The parties agree that the federal or state courts located in Tennessee shall have exclusive jurisdiction to hear any dispute under this Agreement.
This Agreement represents the entire agreement between the parties regarding the subject matter hereof and supersedes any and all prior agreements between the parties, whether written or oral, regarding the subject matter hereof. This Agreement may not be modified or amended except by the written acceptance of both parties.