Terms of service

Date of last revision: 8 May 2017

The products and services available on this site are provided by Litimetrics Inc (Litimetrics). These terms (Terms) govern your use of this website and our Chrome-browser extension (together, the Site), and the products and services available on the Site (collectively, Services). Please read the Terms carefully and ensure you understand them.

By accessing the Site or using the Services, you agree to the Terms and our Privacy Policy. If you have any questions, please email help@litimetrics.com.

1. Using the Services

You may only use the Services if you are capable of entering into a binding contract with Litimetrics (in most cases, this means you must be over the age of 18). If you are using the Services on behalf of any entity, then you agree, and represent that you have the authority to agree, to the Terms on behalf of that entity.

If you are a registered user of the Site (Subscriber), Litimetrics grants you a non-exclusive, non- transferable, limited license to access and use internally the Site and Services. If you are a Subscriber and have paid a fee that allows your employees or contractors to access the Site, then the limited license extends to as many of those persons as stipulated at the time you signed up to the plan.

Access to the Site and use of the Services is limited to the computers, tablets, smartphones or other like devices of the Subscriber. If you are a Subscriber and have paid a fee that allows your employees or contractors to access the Site, then access and use is extended to the devices of those persons. Litimetrics monitors your access to the Site reserves the right to restrict your access to the Site and use of the Services because of access and use from an excessive amount of devices, which Litimetrics may deterimine at its own discretion.

The Site and Services may only be used for your own internal purposes.

You may not use the site for the purpose of analyzing the services and features, and ultimately incorporating any of the services or features onto another website or platform. If you do so, you represent that you have apparent or ostensible authority to act for the entity for whom you are acting, such that that entity will be liable for the breach of these terms of service, and the resulting economic loss to Litimetrics.

You may not use the Services, in whole or in part in any manner for the purpose of competing with Litimetrics , including without limitation, any distribution of the Services or derivative works based on the Site or Services.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from the Site unless you obtain permission from Litimetrics or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.

By signing up to the Site, you grant Litimetrics a non-exclusive, royalty free, license to use logos of the companies with which you are affiliated in our advertising, literature and on the Site solely in connection with the marketing of the Site and Litimetrics' products. You also represent that you have authority to grant us that license.

2. Litimetrics information

Statistics provided by Litimetrics about a given lawyer, law firm or other entity (Legal Service Provider) are based on data obtained through an automated and computerized process of parsing publicly available cases. The statistics are not comprehensive because not all cases are reported, we limit the sources from which we obtain data (by time and court) and because cases can be formatted in a way that does not permit data to be obtained through the process utilized. In some instances, it is also impossible to distinguish between Legal Service Providers. For that reason, the statistics are an opinion rather than a representation of fact. Opinions offered may be used as a starting point to gather information about Legal Service Providers, but should be used together with other sources of information and should not be used as the sole source of information. If in doubt, please contact the Legal Service Provider.

Similarly, predictions and suggestions are based on Litimetrics' machine learning algorithm, which itself is based on outcomes in past cases. If you do not accept that the Litimetrics algorithm is a reasonable basis for a prediction, then you should not rely on any prediction. Any prediction offered is not a guarantee that the prediction will eventuate. The predictions offered are statements of opinion, rather than promises of future results.

All of this means that someone else's assessment of the same Legal Service Provider may be very different or be based upon different information, and equally valid. Statistics, predictions and suggestions are not endorsements of any particular Legal Service Provider, and are not guarantees of a Legal Service Provider's quality, competency, or character.

3. Disclaimer of liability and acknowledgment

By using the website and Services, you acknowledge that there are certain inherent limitations to the accuracy or currency of such information, that it may be incomplete and inaccurate, and is, to an extent, based on opinion. To the fullest extent permitted by law, Litimetrics, and any of its affiliates, suppliers and distributors, and any of their respective directors, employees and agents make no warranties, either express or implied, about the Services. The Services are provided "as is." Litimetrics also disclaims any warranties of merchantability, fitness for a particular purpose, title and non-infringement.

All information on this Site is provided on an as-is basis. None of the information should be taken to be a recommendation to engage a particular law firm or attorney, or should form the basis in any way of any other type of decision. Neither Litimetrics, its officers or its agents guarantee or represent the adequacy, accuracy or completeness of the information on the Site and the Services. The Site and Services are not a substitute for the skill, judgment and experience of a properly qualified advisor. You use this Site and the Services at your own risk.

To the fullest extent permitted by law, in no event shall Litimetrics, or any of its affiliates, suppliers and distributors, or any of their respective directors, employees and agents, be liable for any special, indirect or consequential damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) the outcome of any legal matter; (b) your access to or use of or inability to access or use the Services; (c) any conduct or content of any third party relating to the Services; or (d) unauthorized access, use or alteration of legal information.

To the extent permitted by law, the total liability of Litimetrics, and its affiliates, suppliers and distributors, for any claim arising out of or relating in any manner to the use of the Services, is limited to the amount you paid us to use the Services to which such claim relates in the 12 month period preceding the filing of such claim. In the interest of clarity, this limitation also applies to Paid Services (defined below).

4. No formation of lawyer-client relationship

Any legal information available on the website is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It should not be relied upon as legal services or advice, and accessing such information or otherwise using the Services does not create a lawyer-client relationship between you and Litimetrics, or you and any lawyer. It is not a substitute for consultation with a lawyer licensed to practice in your jurisdiction about your specific legal issue.

Litimetrics does not act in any fiduciary capacity.

5. Paid Services

Some of the Services Litimetrics offers require payment (Paid Services). By selecting a Paid Service you agree to pay Litimetrics the subscription fees indicated for that service. Payments for subscription services will be charged on the day your Paid Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments will continue to be charged to your credit card on a recurring basis until you cancel your service. The amount of the monthly recurring charge will be the then-current subscription fee applicable to the Paid Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Paid Services must be cancelled prior to your monthly renewal in order to avoid billing of the next month's Paid Service fee. Paid Service fees are not prorated or refundable.

Litimetrics reserves the right to alter or modify the Services and Site, and to modify prices payable for Paid Services, from time to time and without notice. Such alterations or modifications include, without limitation, addition or withdrawal of features or data, and increases to monthly fees or one-off charges.

If your payment method fails or your account is past due, Litimetrics reserves the right to either suspend or terminate your account. You agree to submit any disputes regarding any charge to your account in writing to Litimetrics within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

6. Legal Advertising and Communications

It is solely the responsibility of Legal Service Providers to ensure that any information or advertisements they post or place on this website (including without limitation any legal information and advice) fully complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.

7. Copyright

If you believe that any material on this website infringes upon any copyright which you own or control, you may file a U.S. Digital Millennium Copyright Act Notice of Alleged Infringement at help@litimetrics.com

8. Modifications

Litimetrics may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email or posting on the Litimetrics Blog). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revized Terms.

9. Governing law and jurisdiction

Any disputes arising out of or in any way related to the Terms or the Services is governed by the law of the State of California, USA, excluding its conflict of law provisions, and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the State of California.

10. Termination

Notwithstanding any of these Terms, Litimetrics reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. Litimetrics reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.

11. Entire agreement

These Terms constitute the entire agreement between you and Litimetrics with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.

12. Waiver, severability and assignment

Litimetrics's failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term or terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. Litimetrics may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

13. Arbitration

Insofar as it is permissible under law, you agree that, in respect of any dispute arising under, or in any way connected to, this agreement, Litimetrics may elect to have the dispute determined through binding non-appearance-based arbitration. If Litimetrics elects to arbitrate a dispute: (a) the parties are barred from having the dispute determined by a court and may rely on this agreement in support; and (b) Litimetrics must initiate the arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. Agreement must not be unreasonably refused. If agreement cannot be reached or is unreasonably refused, Litimetrics may select an ADR provider at its sole discretion. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the seat of the arbitration is Los Angeles, California, USA and the governing law is the law of the state of California; (c) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (d) no costs are to be awarded in respect of legal representation or related disbursements and (e) any judgment on the arbitral award rendered may be entered in any court of competent jurisdiction.

14. State advertising restrictions

When viewing information on Litimetrics, please note the following rules that govern the ability of attorneys to advertise their services.

California

(D) A communication or a solicitation (as defined herein) shall not: (6) State that a member is a "certified specialist" unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification. California Rules of Professional Conduct Rule 1-400(D)(6) (2008)

New York

Every advertisement other than those appearing in a radio or television advertisement or in a directory, newspaper, magazine or other periodical (and any web sites related thereto), or made in person pursuant to DR 2-103 [1200.8] (A)(1), shall be labeled "Attorney Advertising" on the first page, or on the home page in the case of a web site. If the communication is in the form of a self-mailing brochure or postcard, the words "Attorney Advertising" shall appear therein. In the case of electronic mail, the subject line shall contain the notation "ATTORNEY ADVERTISING."

New York Lawyer's Code of Professional Responsibility Rule DR 2-101(f) (2007).

(c)(1) A lawyer who is certified as a specialist in a particular area of law or law practice by a private organization approved for that purpose by the American Bar Association may state the fact of certification if, in conjunction therewith, the certifying organization is identified and the following statement is prominently made:

"The [name of the private certifying organization] is not affiliated with any governmental authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law."

(2) A lawyer who is certified as a specialist in a particular area of law or law practice by the authority having jurisdiction over specialization under the laws of another state or territory may state the fact of certification if, in conjunction therewith, the certifying state or territory is identified and the following statement is prominently made:

"Certification granted by the [identify state or territory] is not recognized by any governmental authority within the State of New York. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law."

New York Lawyer's Code of Professional Responsibility Rule DR 2-105(c) (2007).

"Prior results do not guarantee a similar outcome."

New York State Bar Ass'n Professional Ethics Comm., Op. 834, (12/15/09).

(d) An advertisement that complies with paragraph (e) may contain the following:

(3) testimonials or endorsements of clients, where not prohibited by paragraph (c)(1), and of former clients

(e) It is permissible to provide the information set forth in paragraph (d) provided:

(3) it is accompanied by the following disclaimer: "Prior results do not guarantee a similar outcome."

New York Rules of Professional Conduct Rules 7.1(d)(3) and (e)(3) (2009).

15. Questions & contact information

If you have any question regarding the use of the website and Services, please email us at info@litimetrics.com.