Terms of Use

1. Scope of Services

You may access and use the Services for legitimate purposes related to your legal practice and provision of your professional services to your clients. Your use of the Services is subject to your compliance with these Terms of Service. We reserve the right to modify the Services (or any part thereof) from time to time and we are not liable to you or to any third party for any modification of the Services.

1.1 Intended Use. The Services are designed and intended to be used by licensed attorneys and legal professionals in the Atticus network, as well as any employees expressly authorized by such professionals (“Authorized Users”), as part of their legal practice. Your use of the Services for any other purpose or in any other manner is strictly prohibited (and at your own risk).

1.2. No Legal Advice. Atticus does not provide legal advice and is not engaged in the practice of law with respect to the Services.

2. Modification of These Terms of Service

We work constantly to improve our Services and develop new features to make our Services better for the professionals who use them. As a result, we may need to change these Terms of Service from time to time to accurately reflect our Services and practices. If we do, those revised Terms of Service will supersede prior versions. Unless we provide you notice otherwise depending on applicable legal requirements, changes will be effective upon the “Last Updated” date located at the top of these Terms of Service. Your continued use of the Services constitutes your acceptance of any revisions.

3. Your Rights and Restrictions

3.1 Authorization to Use the Services. Subject to your compliance with these Terms of Service, we authorize you, on a non-exclusive, non-transferable, and limited basis, to use (and permit your Authorized Users to use) the Services solely for your internal business purposes in accordance with Section 1.1 (Intended Use) above.

3.2 Authorized Users. You are responsible for all activities that occur under your account or by your Authorized Users. You (i) are responsible for your Authorized Users’ compliance with these Terms of Service, and (ii) will use commercially reasonable efforts to prevent unauthorized access to or use of the Services. If the authorized status of a user changes, it is your responsibility to promptly remove such user’s access to the Services. Third parties that are not a part of the Atticus network, or employed by a firm in the Atticus network, are not permitted to access or use the Services. We reserve the right to disable or delete access to the Services for any user that we deem to be not a part of the Atticus network, as determined in our sole discretion, or to the extent such Authorized Users use the Services in violation of these Terms of Service.

3.3 Use of the Services in Compliance with Laws. The Services contain various tools and workflows that assist you in the conduct of your legal business and provision of legal services to your clients. For example, you may be able to use the Services to, among other things, obtain medical records and documents related to your clients’ cases from third-party services and databases. To obtain such information, you may need to input sensitive information about your clients, which may include social security numbers and contact information of your clients. The use of sensitive personal information for purposes of accessing your clients’ records and information can be highly regulated, and while we assist you in carrying out such activities, you are solely responsible for ensuring compliance with all applicable laws and regulations. You are also solely responsible for ensuring you have permission from your clients to use their personal information in connection with the Services. Without limiting the foregoing, you will (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data that you submit to the Services, including client personal information; (ii) use commercially reasonable efforts to prevent unauthorized control or tampering or any other unauthorized access to, or use of, the Services and notify us immediately of any unauthorized use or security breach; and (iii) comply with all applicable local, state, federal, and foreign laws (including laws regarding privacy and protection of personal or consumer information) in using the Services.

3.4 Use Restrictions. You may not, and you will ensure your Authorized Users do not, (i) disassemble, reverse engineer, decompile or otherwise attempt to decipher any code in connection with the Services, or modify, adapt, create derivate works based upon, or translate the Services; (ii) license, sublicense, sell, rent, assign, distribute, time share transfer, lease, loan, resell for profit, distribute, or otherwise commercially exploit, grant rights in or make the Services or any content offered therein available to any third party; (iii) use the Services except as expressly authorized under these Terms of Service or in violation of any applicable laws; (iv) engage in any illegal or deceptive trade practices with respect to the Services; (v) circumvent or disable any security or other technical features or measures of the Services or any other aspect of the software or, in any manner, attempt to gain unauthorized access to the Services or its related computer systems or networks; (vi) use the Services to transmit infringing, libelous, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive or tortious material, or to store or transmit material in violation of third-party privacy rights; (vii) use the Services to store or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs or to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (viii) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein; (ix) use any robot, spider, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services; or (x) reformat or frame any portion of the Services.

Although we have no obligation to monitor your use of the Services, we may do so at our discretion and may prohibit any use of the Services we believe may be (or is alleged to be) in violation of these Terms of Service or applicable laws and regulations.

3.5 Reservation of Rights. No other rights are granted except as expressly stated in these Terms of Service, and nothing herein conveys any rights or ownership or license in, or to, the Services or any underlying software or intellectual property. We own all right, title and interest, including all intellectual property rights, in and to the Services and the underlying software, and any and all updates, upgrades, modifications, enhancements, improvements or derivative works thereof, and in any idea, know-how, and/or program(s) developed by us or our authorized users during the course of performance of the Services.

4. Term and Termination

The term of your use of the Services extends for as long as you continue to be a legal professional in the Atticus network. However, we may terminate your use of the Services immediately at any time in our discretion, including in the event of your breach of these Terms of Service. Upon termination, you will immediately discontinue all use of the Services. You agree that following expiration or termination of your use of the Services, we may immediately deactivate the affected Services and that, following a reasonable period, we may delete your account and data.

5. Representations and Warranties; Disclaimer

5.1 Representations and Warranties. You represent and warrant that (i) you have all necessary authority to enter into and perform your obligations under these Terms of Service, including appropriate consent from your clients to use their personal and sensitive information to obtain their records from third-party services; and (ii) you will use the Services only for lawful purposes in accordance with these Terms of Service and any and all applicable Atticus policies and guidelines made available to you in connection with your use of the Services.

5.2 Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE, AS TO ANY MATTER, INCLUDING THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, COMPLIANCE WITH ANY LAWS, RULES OR REGULATIONS. THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THE DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. WE HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS, RULES OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO ANY FEDERAL OR STATE STATUTES OR REGULATIONS THAT MAY BE APPLICABLE TO YOU. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.

WE MAKE NO WARRANTY REGARDING, AND WILL HAVE NO LIABILITY FOR, THE CONTENT YOU DOWNLOAD FROM THIRD PARTY SERVICES THROUGH YOUR USE OF THE SERVICES, INCLUDING AS TO WHETHER SUCH CONTENT IS ACCURATE OR RELIABLE FOR YOUR PURPOSES OF USE. YOU AGREE TO RESOLVE ANY DISPUTE REGARDING THE ACCURACY OR RELIABILITY OF CONTENT YOU DOWNLOAD FROM THIRD PARTY SERVICES DIRECTLY WITH THE PROVIDER OF SUCH SERVICES, AND NOT WITH US.

IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.

6. Indemnification

You agree to defend, indemnify, and hold us and all our affiliates, employees, officers, directors, contractors, agents, licensors, successors and assigns harmless from any and all claims, judgments, awards, demands, suits, proceedings, investigations, damages, costs, expenses, losses, and any other liabilities (including reasonable attorneys’ fees, court costs and expenses) arising directly out of (i) your access to or use of the Services; and/or (ii) your violation of these Terms of Service.

7. Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE IS LIMITED TO THE SUM OF THE AMOUNTS PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE, OR IF NO PAYMENT WAS MADE, $100.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS OF SERVICE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

8. Agreement to Arbitrate

You and Atticus agree to resolve any claims relating to or arising out of these Terms of Service or the Services through final and binding individual arbitration by a single arbitrator, except as set forth under the “Exceptions to Agreement to Arbitrate” below. This includes disputes arising out of or relating to the interpretation or application of this “Agreement to Arbitrate” section, including its scope, enforceability, revocability, or validity. The arbitrator may award relief only individually and only to the extent necessary to redress your individual claim(s); the arbitrator may not award relief on behalf of others or the general public.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be held in the State of California or any other location we agree to.

Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees.

Exceptions to Agreement to Arbitrate. Either you or Atticus may assert claims, if they qualify, in small claims court in the state of California. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

NO CLASS OR REPRESENTATIVE ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Severability. If any part of this “Mandatory Arbitration Provisions” section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this “Mandatory Arbitration Provisions” section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.

9. General Provisions

9.1 Independent Parties. No joint venture, partnership, agency or employment relationship exists between you and Atticus.

9.2 Assignment. You will not assign or transfer the Services or any of your rights and/or obligations under these Terms of Service without our prior written consent. We may without restriction assign or transfer our rights and/or obligation hereunder, at our sole discretion. Subject to the foregoing, these Terms of Service will bind to the parties’ respective successors and assigns.

9.3 Applicable Law. These Terms of Service and any dispute arising out of or relating to the Services and/or these Terms of Service will be interpreted in accordance with the laws of the State of California, without regard to conflict-of-law provisions. All disputes arising out of or related to these Terms of Service shall be subject to the exclusive jurisdiction and venue of the courts located in California.

9.4 Notices. You agree that we will provide notices, statements and other messages to you in the following ways: (1) within the Services, or (2) to the contact information you last provided us (e.g., e-mail, mobile number, physical address, etc.). You agree to keep your contact information up to date.

9.5 No Waiver; Cumulative Remedies. Either party’s failure to enforce any right or provision under these Terms of Service will not constitute a waiver of that right or provision. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service are in addition to (and not exclusive of) any other remedies permitted at law or in equity.

9.6 Severability. If any provision of these Terms of Service is deemed invalid, then that provision will be limited or eliminated by the court to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.

9.7 Entire Agreement. With respect to the Services, these Terms of Service constitute the sole and entire agreement between you and us, and supersede all prior and contemporaneous oral or written understandings or agreements with Atticus. You acknowledge and agree that your agreement to these Terms of Service is not contingent upon the delivery of any future functionality or features not specified herein or in an online sign-up flow or dependent upon any oral or written, public or private comments made by us with respect to future functionality or features for the Services.

9.8 Third Party Services. The Services may contain links to other sites, services, and products provided by third parties. Such links are provided for your convenience only. We have no control over such sites, services, and products and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or services found within the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or services.

10. Contact Us

If you need to contact us regarding any aspect of these Terms of Service, please do so by emailing us at legal@atticus.com.