Terms of Service
Effective Date: September 1, 2024
This website is maintained as a service to our customers. By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these Terms of Service (the “Terms”)carefully. If you do not agree to these terms and conditions, please do not use this website.
Lemur Law, LLC (“Lemur Law,” “we,” “us,” or “our”) offers legal technology applications to a variety of customers (collectively, the “Applications”), and may publish content related to such Applications on www.lemur.law (the “Website”). Although our applications may be used by law firms and we might be affiliated with one or more law firms, we are not a law firm and do not provide legal services to clients. Lemur Law provides legal technology tools and services designed to assist with legal processes. Use of our Website or Applications does not create an attorney-client relationship between you and Lemur Law. We strongly recommend that you consult with a licensed attorney for any legal matters or questions that may arise."
Users of the Website are called “Site Visitors,” “Users,” or “you,” for purposes of these Term between you and Lemur Law and explain the rules governing use of the Website. You acknowledge and agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use the Website or Applications.
IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE WEBSITE PROVIDED BY LEMUR LAW ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.
We can modify these Terms in our sole discretion. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Website. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Website after any such update constitutes your acceptance of such changes.
Agreement. This Terms of Service agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of the Website and its content. This Agreement may be modified at any time by Lemur Law upon posting of the modified Agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. As a User of the Website, you agree to be bound by all the Terms set forth in this Agreement as long as you remain a User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THIS WEBSITE.
Eligibility and Scope. To use the Website you must be, and represent and warrant that you are, at least 13 years of age and competent to agree to these Terms. If Lemur Law has previously prohibited you from accessing or using the Website, you are not permitted to access or use it.
Our Proprietary Rights. The Website is owned and operated by Lemur Law and contains materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) that are derived in whole or in part from materials supplied by Lemur Law and its partners, as well as other sources, and are protected by U.S. copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Website is also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Website. You acknowledge that the Website was developed, compiled, prepared, revised, selected, and arranged by Lemur Law and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Lemur Law and such others. You agree to protect the proprietary rights of Lemur Law and all others having rights in the Website during and after the term of these Terms and to comply with all written requests made by Lemur Law or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Website. You agree to notify Lemur Law immediately upon becoming aware of any claim that the Website infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Website shall, as between you and Lemur Law, always be and remain the sole and exclusive property of Lemur Law. Any unauthorized use of any material contained on or through the Website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
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User Content and Feedback.
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Feedback on the Website. The Website may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Lemur Law and share such Feedback with other users, or the public. By submitting Feedback through the Website, you grant Lemur Law a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Lemur Law marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.
By submitting any content (including but not limited to comments, posts, feedback, or uploads) to the Website, you grant Lemur Law a non-exclusive, worldwide, royalty-free, irrevocable license to use, distribute, display, and perform such content in connection with the operation of the Website. You warrant that you have the right to grant this license and that your content does not violate the rights of any third party. Lemur Law reserves the right to remove or modify any user content at its sole discretion. You agree to indemnify Lemur Law for any claims arising from your submission of content.
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User Content and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that Lemur Law does not control, and is not responsible for, User Content or Feedback, and that by using the Website, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors, or inaccuracies. You agree that you will indemnify, defend, and hold harmless Lemur Law for all claims resulting from User Content or Feedback you submit through the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and you will cooperate with us in asserting any available defenses
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Acceptable Use. IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. BY CONTINUING TO USE THIS WEBSITE, YOU AGREE TO BE BOUND BY THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
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Acceptable Use. All Users must comply with the following rules regarding acceptable use of the Website.
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Disruption of the Service. You may not:
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access, tamper with, or use non-public areas of the Website, Lemur Law's computer systems, or the technical delivery systems of Lemur Law's providers;
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probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
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access or search the Website by any means other than Lemur Law's publicly supported interfaces (for example, “scraping”);
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attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g., using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period); or
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interfere with or disrupt the access of any user, host, or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Website.
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Misuse of the Website. You may not utilize the Website to conduct, promote or support:
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any unlawful or fraudulent activities;
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the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
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activities that are defamatory, libelous, or threatening, constitute hate speech, harassment, or stalking;
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the publishing or posting of other people's private or personal information without their express authorization and permission;
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the sending of unsolicited communications, promotions advertisements, or spam;
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the publishing of or linking to malicious content intended to damage or disrupt another user's browser or computer; or
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the promotion or advertisement of products or services other than your own without appropriate authorization.
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User Content Standards within the Website. You may not post any User Content on the Website that:
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violates any applicable law, any third party's intellectual property rights, or anyone's right of privacy or publicity;
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is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous, or threatening, constitutes hate speech, harassment, or stalking;
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contains any personal information of minors;
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contains any sensitive personal information, such as financial information, payment card numbers, or social security numbers without Lemur Law's prior written consent granted as part of a separate agreement;
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contains viruses, bots, worms, or similar harmful materials; or
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contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
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Violations. In addition to any other remedies that may be available to us, Lemur Law reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Website, upon notice and without liability for Lemur Law should you fail to abide by the rules in this Section 5 or if, in Lemur Law's sole discretion, such action is necessary to prevent disruption of the Website for other users.
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Privacy. Your visit to our Website is also governed by our Privacy Policy. Please review our Privacy Policy at www.lemur.law/privacy-policy. Lemur Law is committed to protecting your privacy and handling your data in compliance with applicable data protection laws, including but not limited to the General Data Protection Regulation (“GDPR”) for users within the European Union. Our Privacy Policy outlines how we collect, store, and protect your information. We do not store any personal data on our servers, and any data processed by our Applications is handled securely and in accordance with our Privacy Policy. For users outside the United States, please note that your data may be transferred to and processed in the United States or other jurisdictions that may not provide the same level of data protection as your home country.
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Accessibility Statement. Lemur Law is committed to ensuring that our Website is accessible to people with disabilities. If you experience any difficulty accessing content on our Website, please contact us at info@lemur.law and we will make every reasonable effort to assist you. We are continually improving the user experience for everyone, and applying the relevant accessibility standards.
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Intended Audience. The Website is intended for Lemur Law customers, prospective customers, and their authorized persons only.
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Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
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Do Not Rely on the Website. Opinions, advice, statements, or other comments should not be relied upon and are not to be construed as professional advice, including legal advice, from Lemur Law, which does not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.
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Third-Party Links and Website. The Website may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Please note that Lemur Law is not responsible for the content, accuracy, or practices of any third-party websites that may be linked to or accessed through our Website. These links are provided for your convenience only, and you access them at your own risk. Lemur Law does not endorse any products or services offered by third parties, and any transactions between you and third-party providers are solely between you and the third party.
Lemur Law is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Lemur Law shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties' own terms of service and privacy policies, and any other similar terms.
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Indemnification. You agree to indemnify, defend, and hold Lemur Law and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Website.
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Disclaimer; No Warranties. THE INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. LEMUR LAW DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
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Limitation of Liability. UNDER NO CIRCUMSTANCES WILL LEMUR LAW BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR THE WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
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Use of Information. Lemur Law reserves the right, and you authorize us, to use and assign all information regarding the Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.
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Mandatory Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
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Application. You and Lemur Law agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 16 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
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Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at info@lemur.law and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Lemur Law, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
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Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms' formation, performance, and breach), the parties' relationship with each other, and/or your use of Lemur Law shall be finally settled by binding arbitration administered by the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS”). The JAMS rules will govern payment of all arbitration fees. Lemur Law will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Lemur Law will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
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Arbitrator's Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
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Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration (“Demand”) that (i) briefly explains the dispute, (ii) lists your and Lemur Law's names and addresses, (iii) specify the amount of money in dispute, if applicable, (iv) identify the requested location for a hearing if an in-person hearing is requested, and (v) state what you want in the dispute; (b) send one copy of the Demand to JAMS, along with a copy of these Terms and the filing fee required by JAMS; and (c) Send one copy of the Demand for Arbitration to us at info@lemur.law.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Hamilton County, Ohio, United States, and you and Lemur Law agree to submit to the personal jurisdiction of any federal or state court in Hamilton County, Ohio, United States, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
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Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party's respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND LEMUR LAW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
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Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in small claims court in Cincinnati, Ohio for disputes or claims within the scope of that court's jurisdiction.
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30-Day Right to Opt-Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to info@lemur.law with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within the later of 30 days of your first use of the Service or within 30 days of changes to this section being announced on the Website. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, LEMUR LAW also will not be bound by them.
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Changes to This Section. Lemur Law will provide 30 days' notice of any changes to this section by posting on the Website. Amendments will become effective 30 days after they are posted on the Website or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Website.
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Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Website.
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Termination. Lemur Law may terminate this Agreement at any time, with or without notice, for any reason
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Relationship of the Parties. Nothing contained in this Agreement or your use of the Applications and Websites shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own action
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Notices and Contact Information. If you have any questions, comments, or concerns, please contact Lemur Law at info@lemur.law.
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Language Consistency and Readability. Lemur Law aims to make our Terms clear and accessible. Where possible, we have simplified the language used in these Terms to ensure they are easily understood by all users. If you have any questions or require further clarification, please contact us at info@lemur.law.
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General Terms.
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Update Process. Lemur Law may update these Terms from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of significant changes by posting a notice on our Website or by sending you an email notification. Your continued use of the Website after such changes are posted will constitute your agreement to the updated Terms.
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Applicable Law. You agree that the laws of the State of Ohio, without regard to conflicts of laws provisions will govern these Terms and any dispute that may arise between you and Lemur Law or its affiliate. For users accessing the Website from outside the United States, you agree that your use of the Website is subject to the laws of the State of Ohio, United States, without regard to its conflict of laws principles. Additionally, you acknowledge that certain local laws may apply to your use of the Website and agree to comply with any such laws. If any provision of these Terms is found to be unenforceable under your local laws, that provision shall be modified to the minimum extent necessary to comply with such laws, while the remainder of these Terms shall remain in full force and effect.
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Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, while the remainder of these Terms shall continue in full force and effect. The unenforceability of any provision shall not affect the validity and enforceability of any other provisions of these Terms.
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Force Majeure. Under no circumstances shall Lemur Law or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. Neither Lemur Law nor its licensors or suppliers shall be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, pandemics, governmental actions, war, terrorism, civil disturbances, labor shortages, interruptions in communications, interruptions in services or utilities, or any other cause beyond our reasonable control.
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Waiver. The failure of Lemur Law to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Lemur Law must be in writing and signed by an authorized representative of Lemur Law.
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Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Term
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Statute of Limitations. To the extent permitted by law, any claim or cause of action arising out of or related to your use of the Website must be filed within one year after such claim or cause of action arose, regardless of any statute or law to the contrary. Failure to file such claim or cause of action within this time frame shall result in a permanent bar to the claim.
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Entire Agreement. These Terms constitute the entire agreement between you the Website, and Lemur Law, and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you, the Website, and Lemur Law. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website may revise this Terms at any time by updating this Agreement and posting it on the Websites. Accordingly, you should visit the Website and review the Terms periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms signifies and confirms your acceptance of any such changes or amendments to the Terms.
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