TERMS OF USE
(Date of Last Revision: September 9, 2020)
The website https://www.lookingglass.legal (the “Site”) is owned and operated by Looking Glass Research, LLC (“Looking Glass,” “we,” or “us”). We provide certain services through the Site, including services that allow a user to register for an account; allow a user to input user-generated text; and convert user-generated text to a professionally formatted and stylized document ready-to-file with applicable court services (collectively, the “Services”).
This Terms and Conditions of Use Agreement (“Terms of Use”) constitutes a binding agreement between you and Looking Glass. Please read carefully through all sections of these Terms of Use. Your access to and use of the Site are subject to these Terms of Use and all applicable laws, and Looking Glass reserves the right to terminate your access to the Site if you violate these Terms of Use. If you do not agree to these Terms of Use, then you may not use the Site. These Terms of Use may be changed by us from time to time without notice to you and the governing version will be posted on the Site. Please review the posted terms on a regular basis as your use of the Site will be governed by the then-current Terms of Use and Privacy Policy (defined below).
No Legal Advice
YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED “AS-IS” AND FOR GENERAL INFORMATIONAL PURPOSES ONLY. THE SITE, AND THE INFORMATION THEREON, IS NOT INTENDED AND SHALL NOT BE CONSTRUED TO CONSTITUTE LEGAL ADVICE, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND IS NOT A SUBSTITUTE FOR ADVICE FROM QUALIFIED COUNSEL. WITHOUT LIMITING THE FOREGOING, THE SITE MAY NOT REFLECT RECENT DEVELOPMENTS IN THE LAW, MAY NOT BE COMPLETE, AND MAY NOT BE ACCURATE IN OR APPLICABLE TO YOUR JURISDICTION. BECAUSE THE SITE MAY NOT PERTAIN TO YOUR SPECIFIC CIRCUMSTANCES, YOU SHOULD NOT ACT OR REFRAIN FROM ACTING BASED ON ANY LOOKING GLASS SERVICES WITHOUT FIRST OBTAINING ADVICE FROM PROFESSIONAL LEGAL COUNSEL QUALIFIED IN THE APPLICABLE SUBJECT MATTER AND JURISDICTION.
User Registration
You will be required to register an account in order to access certain features of the Site. You will choose or be assigned a user name and a password through the Site’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. Looking Glass cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
By registering for an account on the Site, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information when registering on the Site or using the Site. When registering, you must provide your name and your email address. By registering an account with the Site, you consent to receive periodic communication from Looking Glass and its affiliates, employees, agents, representatives, and any third-party service provider of Looking Glass regarding any inquiry and/or obtaining the Services.
Usage Fees
You may be required to pay a user fee as provided at checkout (the “Fees”). You shall be solely responsible for any and all taxes levied by any applicable taxing jurisdiction that are applied and are in addition to the Fees for your use of the Services. Unless otherwise agreed to by the parties in writing, Looking Glass shall not refund any Fees paid.
Online Payments
We use a third-party payment processor to process online payment. Your use of the third-party payment processor, Stripe, Inc., is governed by such processor’s terms of use, available at https://stripe.com/checkout/legal, and privacy policy, available at https://stripe.com/privacy. By using the third-party payment processor, you agree to be bound by its terms. As a condition of Looking Glass enabling payment processing services through Stripe, Inc., you agree to provide Looking Glass accurate and complete information about you and/or your business, and you authorize Looking Glass to share it and transaction information related to your use of the payment processing services provided by our third-party payment processor. Looking Glass reserves the right to switch third-party payment processors or use alternate or backup vendors at its discretion.
Proprietary Rights
You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Looking Glass’s, its licensors’, or the Site’s other users’ intellectual property rights. Looking Glass may provide information, photos, video, text, graphics, or other material (collectively, the “Content”) on the Site, and grants you a limited license to make a copy and use the Content solely for your personal or internal business purposes. Except as otherwise provided herein, you may not copy, distribute, or publicly display Content for any other purpose or in any other public forum without the written consent of Looking Glass or the respective owner, including public forums such as other websites, web services, or print publications. Looking Glass or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited.
Use of Personal Data
You acknowledge and agree to Looking Glass’s collection and use of your Personal Information as described in the “Privacy Policy.”
Your Communications to the Site
Except to the extent your content or communications to Looking Glass include Personal Information (defined in the Privacy Policy), by forwarding any content or communications to Looking Glass through the Site or by other electronic means, you thereby grant Looking Glass a perpetual, royalty-free, world-wide, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services. No compensation will be paid to you with respect to Looking Glass’s or its sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.
Prohibited Activities
The following activities are expressly prohibited from the Site:
● Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
● Submitting or posting any false, misleading, or fraudulent statements or content.
● Engaging in activity deemed by Looking Glass to be unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Site.
● Collecting personal information of other users of the Site without that user’s consent.
● Engaging in activity that compromises the Site. Such activity may include, but is not limited to, hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware.
● Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
● Framing or deep linking into the Site.
● Accessing the Site by means of automated process, spiders, bots or similar device.
User Submissions
Our Site may provide mechanism(s) for you to submit feedback and reviews in the form of text, information, works of authorship, links, and other communications, content or materials (collectively, “User Submissions”). By submitting to us your User Submission through the Site, electronic communications, or otherwise, you agree as follows:
· You agree that you will comply with all applicable laws, rules, and regulations (e.g., federal, state, local, and provincial).
· You may not submit abusive, obscene, threatening, harassing, defamatory, libelous, offensive, violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive User Submissions via our Site, or User Submissions that encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate.
· You may not post advertisements, solicitations or spam links to other websites or individuals without prior written permission from us.
· You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities.
· You may not make false or misleading statements.
· You may not submit private, confidential or sensitive information unless specifically requested by us (e.g., providing credit card information to complete a purchase transaction via our Site).
You retain all of your ownership rights in your User Submissions. Any information or material you send to us will be deemed not to be confidential or proprietary. By sending us a User Submission you automatically grant to us (or warrant that the owner of such information and material has expressly granted to us) a perpetual, royalty-free, world-wide, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such information and material (in whole or in part) solely for purposes of providing the Services in any form, media, or technology now known or hereafter developed. You also agree that we are free to use any ideas, concepts, know-how, or techniques that you send to us for any purpose.
You also acknowledge that the internet may be subject to breaches of security and that the submission of User Submissions or other submissions and information cannot be guaranteed to be secure. You and your agents are responsible for your User Submissions, including without limitation, any damages resulting from any infringement of copyright, patent, trademark, proprietary rights, or any other harm resulting from such a submission.
We reserve the right to determine in our sole discretion whether User Submissions are appropriate and comply with these Terms of Use. We may, but have no obligation to, at any time, without prior notice and in our sole discretion, remove, edit, block, and/or monitor User Submissions or terminate a user’s access for submitting such material in violation of these Terms of Use. We may contact you regarding a User Submission through any known electronic communication channel. If you have questions about our usage of a particular User Submission, please contact us at contact@lookingglass.legal.
When using our Site, you may be exposed to User Submissions submitted, posted, or displayed by users from a variety of sources. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights relating to such user-posted content. You agree to waive any legal or equitable rights or remedies you have or may have against us with respect to the User Submissions of others to the fullest extent permitted by law.
California Consumer Privacy Act
We are categorized as a Service Provider as defined in the California Consumer Privacy Act (“CCPA”). As such, we represent and warrant that we will not:
(a) Sell your personal information.
(b) Retain, use, or disclose the personal information for any purpose other than for the specific purpose of performing the services specified in the contract, including retaining, using, or disclosing the personal information for a commercial purpose other than providing the services specified in the contract.
(c) Retain, use, or disclose personal information outside of the direct business relationship between the person and the business.
We understand the above restrictions and will comply with them. If we receive a request to know or a request to delete from a party related to you, we shall inform the consumer that the request cannot be acted upon because the request has been sent to a service provider. We shall take all reasonable steps, measures, and actions reasonably requested by you to support your compliance with the CCPA.
Federal and State Laws
The Site is operated from the United States. When using the Site, on the Site, or when using any content provided by Looking Glass, you must obey all applicable U.S.-based federal, state, and local laws.
Minimum Age
We do not allow persons under the age of eighteen (18) to use the Site. By using the Site, you represent and warrant that you are eighteen (18) years of age or over.
Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, LOOKING GLASS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, LOOKING GLASS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
BY PROVIDING THE SERVICES ON THE SITE, LOOKING GLASS DOES NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. LOOKING GLASS IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.
Limitation of Liability
THE LIABILITY OF LOOKING GLASS AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE CONTENT, OR THE SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF THE PRICE OF THE SERVICES TO YOU OR FIFTY U.S. DOLLARS ($50).
IN NO EVENT WILL LOOKING GLASS BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA OR OTHERWISE, EVEN IF LOOKING GLASS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless Looking Glass and its affiliates, employees, agents, representatives, and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties, and expenses that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: (i) your User Contributions; (ii) providing content to or communicating with Looking Glass or its affiliates; (iii) unauthorized use of material obtained through the Site; (iv) engaging in a prohibited activity; or (v) any other action that breaches these Terms of Use.
Third-Party Links
The Site may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which Looking Glass exercises no control. Your use of these third-party websites is governed by the terms of use and privacy policy of such websites. Looking Glass expressly disclaims any responsibility for the content or results from your use of such third-party websites.
Copyright Complaints
Looking Glass respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Looking Glass’s copyright agent with the following information:
● An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
● Description of the copyrighted work that you claim has been infringed;
● The location on the Site of the material that you claim is infringing;
● Your address, telephone number, and e-mail address;
● A statement that your claim of infringement is based on a good faith belief; and
● A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Looking Glass’s agent for notice of claims of copyright infringement on the Site can be reached as follows:
LOOKING GLASS RESEARCH, LLC
Attn: Andy Cockle
2311 Douglas Street
Omaha, NE 68102
contact@lookingglass.legal
Miscellaneous Provisions
Assignment. Looking Glass may freely assign its obligations and rights under these Terms of Use, including all Personal Information in its possession which it has collected during your use of the Sites.
Severability. If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.
Website Availability. LOOKING GLASS CANNOT GUARANTEE THE SITE WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH LOOKING GLASS STRIVES TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE AND LOOKING GLASS DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but Looking Glass does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.
Controlling Law and Venue. It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Nebraska, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts of Omaha, Nebraska.
Questions
If you have any questions or comments about these Terms of Use or this Site, please contact us by email at contact@lookingglass.legal.