Terms of Use
Last Updated: April 2024
Please read these Terms of Use (the “Agreement”) carefully as it applies to Your use of online services and any products of Precision Reporters, LLC dba “Remote Legal” (“Remote Legal”, “we” or “us”), including but not limited to the Remote Legal website located at https://www.remotelegal.com/ and all subdomains thereof (the “Site”), the Remote Legal online court reporting platform, located at https://app.remotelegal.com/, including without limitation any mobile applications, software integrations, or add-ins offered by Remote Legal (the “Platform”), as well as all features, transcripts, audio recordings, video recordings, exhibits or any other work product (the “Content”), products and services provided by Remote Legal or its subcontractors (all of which, including the Site, the Platform, the Content and all other services offered by Remote Legal are hereinafter referred to collectively as the “Services”). Your use of the Services is governed by this Agreement regardless of how You access the Services, including but not limited to, through the Internet, Wireless Access Protocol (commonly referred to as “WAP”), a mobile network or otherwise. You acknowledge that the primary purpose of the Platform is to perform remote, stenographic and non-stenographic, digital or live court reporting services in the course of a legal dispute, suit, arbitration, mediation, deposition, interview, proceeding, hearing, or other legal matter (each, a “Proceeding”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING HOW YOU MAY RESOLVE DISPUTES. PLEASE NOTE THAT THESE TERMS MAY REQUIRE YOU TO SUBMIT DISPUTES TO ARBITRATION. YOU HAVE A RIGHT TO OPT OUT OF THE CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 14. FURTHER, THESE TERMS INCLUDE IMPORTANT INFORMATION REGARDING OUR BILLING AND CANCELLATION POLICIES.
1. Acceptance of Terms. The Services are made available by Remote Legal subject to this Agreement. Remote Legal reserves the right to update or make changes to this Agreement from time to time and may provide You with notice of such changes by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site or Platform or in connection with the Services. You can determine when this Agreement was last revised by referring to the “Last Updated” legend at the top of this Agreement. Your access to or use of the Services following changes to this Agreement will constitute Your acceptance of those changes. Any changes to this Agreement shall not apply to any dispute between You and Remote Legal arising prior to the date on which Remote Legal posted the revised version of this Agreement incorporating such changes or otherwise notified You of such changes.
When using any Services, You agree that You are subject to any additional terms and conditions posted by Us that are applicable to such Services, which are hereby incorporated by reference into this Agreement. If You order Content from Remote Legal, Your access to the Content may be governed by additional terms and conditions provided to You at the time You order these products. In the event of a conflict between the provisions of this Agreement and any other Agreement with Remote Legal for the provision of the Content or the Services, the terms of the Agreement specific to the Content ordered will govern.
BY ACCESSING OR USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE AND HAVE SUFFICIENT LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ACTING AS AN AGENT, REPRESENTATIVE, COUNSEL, ATTORNEY, GUARDIAN, EXECUTOR OR EXECUTRIX ON BEHALF ON ANY INDIVIDUAL, YOU WARRANT BY ACCESSING OR USING THE SERVICES THAT ASSUME ALL RESPONSIBILITY FOR OBTAINING, AND THAT YOU HAVE EXPLICITLY OBTAINED, PARENT OR GUARDIAN CONSENT FOR ANY MINOR CHILD UNDER EIGHTEEN (18) YEARS OF AGE TO USE THE PLATFORM IN CONNECTION WITH YOUR USE OF THE PLATFORM.
IF YOU ARE ACTING AS AN AGENT, REPRESENTATIVE, COUNSEL, ATTORNEY, GUARDIAN, EXECUTOR OR EXECUTRIX ON BEHALF OF ANY INDIVIDUAL, CORPORATE OR LEGAL ENTITY, YOU AGREE THAT YOU HAVE THE AUTHORITY TO BIND YOUR CLIENT, PRINCPAL, BENEFICIARY, OR SUPERVISING ENTITY TO THIS AGREEMENT AND YOU FURTHER AGREE THAT BOTH YOU AND YOUR CLIENT, PRINCPAL, BENEFICIARY, OR SUPERVISING ENTITY AGREE TO THE TERMS OF THIS AGREEMENT.
IF YOU ARE A THIRD-PARTY USER OF REMOTE LEGAL’S SERVICES (E.G., YOU ARE A WITNESS, OPPOSING COUNSEL, OR INVITEE TO A PROCEEDING), YOU AGREE TO BE SUBJECT TO THESE SAME TERMS.
All references to “You”, or “Your” within this Agreement apply to you, your employer, your agents, representatives, counsel, attorneys, guardians, executors, executrixes, clients, principals, beneficiaries, supervising entities and any other entity on whose behalf you may be accessing the Services.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Services, with or without notice; charge fees in connection with the use of the Services; modify or waive any fees charged in connection with the Services; or offer opportunities to some or all users of the Services. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued access to or use of the Services after such changes will indicate Your acceptance of the changes.
2. Platform and Services Information. We provide users with access to certain Services and products related to remote Proceedings. Upon completion of these Services, some participants may be entitled to purchase, for a fee, a copy of the rough transcript, certified transcript, a summary of the transcript, an audio recording and/or video recordings (such Content and Services are incorporated into the “Services”).
The video and audio quality of the Platform, as well as the download speed of downloadable content, may be affected by a variety of factors such as Your location, the content being streamed or downloaded, the number of participants and the speed of Your Internet connection. Remote Legal makes no representation or warranty regarding access to content available through the Platform or in connection with Services, including the video and audio quality and the download speed of downloadable content.
3. Jurisdictional Issues. The Services are controlled and operated by Remote Legal from the United States and are not intended to subject Remote Legal to the laws or jurisdiction of any state, country or territory other than that of the United States. In choosing to access the Services, You do so on Your own initiative and at Your own risk, and You are responsible for complying with all local laws, rules and regulations. By accessing these Services, You agree that You are physically located within the United States and do not reside outside of the United States. By accessing these Services, You further agree that Your use of such Services does not subject Remote Legal to the European Union General Data Privacy Regulations (“GDPR”) nor any other laws or regulations outside of the United States, including but not limited to any data privacy regulations in effect outside of the United States. Remote Legal neither represents nor warrants that the Services or any part thereof are appropriate or available for use in any particular jurisdiction other than the United States. You are subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all Content and Services are available in all states or territories.
4. Information Submitted Through the Site and/or Services. Your submission of information through the Site is subject to the Site’s Privacy Policy. You agree that all information that You provide to us is true, accurate and complete, and that You will maintain and update such information regularly.
Your submission of information through the Platform, which may be in the form of digital, analog, written, and/or verbal communications, or visual expressions, any or all of which may be recorded in audio/visual form, and/or may be recorded by stenographic or non-stenographic transcript either by a live stenographer, court reporter, or artificial intelligence (A.I.) language processor, is subject to the Platform’s Privacy Policy.
In the event that the Site’s Privacy Policy and the Platform’s Privacy Policy are in conflict, Your access to the Site will be governed by the Site’s Privacy Policy and Your access to the Platform and its Services will be governed by the Platform’s Privacy Policy. Where Your access or use of the Services arguably encompasses both the Site and the Platform or its Services, the Platform’s Privacy Policy will govern.
You acknowledge that if You or any other parties to Your Proceeding choose to utilize Remote Legal’s A.I.-enabled deposition summary tools (“AI-enabled tools”), that Content will be provided to an A.I.-enabled technology, including but not limited to Open A.I.’s generative AI technology, to prepare a summary of the provided Content. For more information about how Open A.I. may use the information provided to it through Your use of Remote Legal’s AI-enabled tools, please review Open A.I.’s terms of use and privacy-policy. These policies may change from time to time. You will not be notified by Remote Legal of Open A.I.’s changes to their policies, so you should check back on those policies periodically if you have concerns about such changes.
5. You acknowledge that even if You chose not to utilize Remote Legal’s AI-enabled tools, other parties to Your Proceeding may opt to use these tools and may provide the Content to Remote Legal’s AI-enabled tools. Thus, by using the Services, You agree to the possibility that the Content may be provided to an A.I.-enabled technology for processing, analysis and summarization regardless of whether You personally ordered such Services. Rules of Conduct. You must comply with all applicable laws, rules and regulations while accessing or using the Services. In addition, You agree to respect the rights and dignity of others. Your use of the Services is conditioned upon Your compliance with the rules set forth in this section. You must not:
a) Post, transmit, or otherwise make available, through or in connection with the Services, any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
b) Use the Site or Services (a) to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including rights of privacy or publicity; (b) to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with any person or entity, or state or imply that We endorse any of Your statements or Submissions (as defined below); or (c) for any other fraudulent or unlawful purpose;
c) Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or Platform or in connection with the Services or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks;
d) Restrict or inhibit any other person from using the Services (including by hacking or defacing the Site or Platform);
e) Use the Site or Platform to advertise or offer to sell or buy any goods or services;
f) License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Services, the Deliverables or any access to or use of the Services;
g) Modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Site or the Platform;
h) Remove any copyright, trademark or other proprietary rights notice from the Services or any materials available through the Services;
i) Frame or mirror any part of the Services without Remote Legal’s express prior written consent;
j) Systematically download or store content from the Services;
k) Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Services or in connection with the Services or reproduce or circumvent the navigational structure or presentation of the Site or the Platform without Remote Legal’s express prior written consent. Notwithstanding the foregoing, Remote Legal grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Remote Legal reserves the right to revoke these exceptions either generally or in specific cases;
l) Use any false or misleading information while setting up Your Remote Legal account;
m) Invite or allow any unauthorized user to a Proceeding or onto the Platform;
n) Use the AI-enabled tools for any purpose other than its intended purpose of providing summaries of Proceeding transcripts; and
o) Assist any other person or entity in engaging in any of the foregoing conduct.
You acknowledge that You are not a legal minor and have reached the age of "majority" where You live. If You do not understand this section, or cannot make this acknowledgment, please ask Your parent or legal guardian for help before You create a Remote Legal account.
Additionally, You acknowledge and agree that You (and not Remote Legal) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Services, and paying all charges related thereto.
We may terminate Your access to the Services for any conduct that We consider to be inappropriate, or for Your breach of this Agreement, including the Rules of Conduct set forth above.
Remote Legal reserves the right to review, reproduce, transmit, copy, and delete Your content in order to address any alleged or actual violation of the above code of conduct.
6. Registration; User Names and Passwords. You may need to register to use all or part of the Services. You represent and warrant that all information submitted to Remote Legal in connection with such registration is complete and accurate. You expressly agree not to impersonate any other person or entity when registering or using the Services. We may reject, or require that You change, for any reason, any user name, password or other information that You provide to us in registering. Your user name and password are for Your use only and should be kept confidential; You (and not Remote Legal) are responsible for any use or misuse of Your user name or password, and You must promptly notify us of any confidentiality breach or unauthorized use of Your user name or password, or Your account. We are not liable for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
If You received Your Remote Legal account from a third party, the third party may have additional rights over Your account, like the ability to access or delete Your Remote Legal account. You agree not to transfer Your Remote Legal account to another user or entity. You acknowledge that You are responsible for all activity that occurs under Your Remote Legal account, including but not limited to instances where Your account may have been breached and used to impersonate You or others.
You can close Your Remote Legal account at any time and for any reason. To close Your account please submit a request to: support@remotelegal.com.
If Your Services are canceled or Your Remote Legal account is closed (whether by You or Remote Legal), the following occurs: (a) Your right to use the Services stops immediately and Your license to use the software related to the Services ends; and (b) Remote Legal reserves the right to delete all of Your information and Content (unless Remote Legal is required by law to keep it).
7. Intellectual Property, Confidentiality and Data Privacy.
User will own all rights, title, and interest in and to all intellectual property that it owned prior to its use of the Services (“User Property”). Remote Legal will own all rights, title, and interest in and to all intellectual property that it owned prior to users’ use of the Services (“Remote Legal Property”).
You acknowledge that the work product created by Remote Legal’s Services (the “Deliverables”) are the intellectual property of Remote Legal. User agrees not to use, disclose, replicate, distribute, or license any Deliverables, unless expressly authorized to do so by Remote Legal.
You grant to Remote Legal a nonexclusive, royalty free, perpetual, unlimited license, to use the User Property for the purpose of performing the Services and providing the Deliverables. Remote Legal may use Your personal information for the following purposes:
- To provide, administer, maintain and/or analyze the Services;
- To improve our Services and conduct research;
- To communicate with You; including to send you information about our Services and events;
- To develop new programs and Services;
- To prevent fraud, criminal activity, or misuses of our Services, and to protect the security of our IT systems, architecture, and networks;
- To carry out business transfers; and
- To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, You, or other third parties.
Upon payment for the Services, Remote Legal grants to You a nonexclusive, royalty free, perpetual, unlimited license, to use the Deliverables for their intended purpose as a transcript and/or summary of the Proceeding.
Remote Legal reserves and retains all of its intellectual property rights as to the Platform and the Services, including any reports, summaries or analysis generated by any party’s processing of the Content provided to the Platform. This includes but is not limited to any AI-enabled tools’ output.
You acknowledge that, in connection with the use of the Services, You may obtain Confidential Information of the other parties to the Proceeding. Such Confidential Information will not be used or disclosed by You except as specifically authorized by the owner of that Confidential Information, or as otherwise permitted by law. REMOTE LEGAL IS NOT LIABLE FOR ANY USER'S BREACH OF CONFIDENTIAL INFORMATION (See Sections 10 and 11).
"Confidential Information" means information that a reasonable person would interpret as being confidential or proprietary. Confidential Information will not include information which is now or becomes publicly available through lawful means.
8. User Content. Our Services allow You and others to store or share Content or receive materials from each other. Remote Legal does not claim ownership of the Content provided by users of the Services. You acknowledge that users of the Services may make statements or post Content that are inaccurate, misleading, false, or deceptive. Remote Legal and its directors, officers, employees, representatives, affiliates, licensors and service providers (collectively the “Remote Legal Entities”) neither endorse nor are responsible for any opinion, advice, information or statements made by third parties, whether they are doing so in the course of accessing Remote Legal’s Services, or outside of the Services. Without limitation, the Remote Legal Entities are not responsible for any information or materials made available through the Site or Platform or results obtained by using any such information or materials. Under no circumstances will the Remote Legal Entities be liable for any loss or damage caused by Your reliance on such information or materials. The opinions expressed by third-party users reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Remote Legal.
In addition, the Remote Legal Entities have no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse by any third-party information voluntarily made public through the Platform or any other part of the Site or Services. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION AVAILABLE WHILE USING THE SERVICES, YOU DO SO AT YOUR OWN RISK. Any use of your information is subject to the Platform’s Privacy Policy. You should retain counsel if You are unsure of what information to share at a Proceeding.
9. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES. THE REMOTE LEGAL ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. REMOTE LEGAL DOES NOT WARRANT OR REPRESENT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DOES REMOTE LEGAL GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE NECESSARY NETWORKS TO DELIVER THE SERVICES. WITHOUT LIMITING THE FOREGOING, REMOTE LEGAL DOES NOT GUARANTEE THAT ANY DEPOSITION PREPARED USING THE REMOTE LEGAL PLATFORM WILL BE ADMISSIBLE IN COURT. REMOTE LEGAL DOES NOT GUARANTEE THAT OPPOSING PARTY OR COUNSEL WILL REFRAIN FROM OBJECTING TO THE ADMISSIBILITY OF ANY DEPOSITION PREPARED USING THE REMOTE LEGAL PLATFORM IN COURT. REMOTE LEGAL DOES NOT GUARANTEE THAT ANY DEPOSITION PREPARED USING THE REMOTE LEGAL PLATFORM WILL BE SUPERIOR TO ANY OTHER PROCEEDING RECORDED USING OTHER MEANS.
YOU ACKNOWLEDGE THAT BY ACCESSING THE SERVICES, YOU REPRESENT THAT YOU HAVE PERFORMED YOUR OWN DUE DILIGENCE AS TO THE ADMISSIBILITY OF NON-STENOGRAPHIC DIGITAL COURT REPORTING AND ARE WILLINGLY TAKING ON THE RISK THAT THE SERVICES ARE PERMITTED, AND THAT THE RESULTING TRANSCRIPTS WILL BE ADMISSIBLE IN THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE THAT ANY INFORMATION THAT MAY BE PROVIDED BY REMOTE LEGAL ENTITIES IN RESPONSE TO ANY QUESTIONS OR CONCERNS REGARDING THE LEGALITY OR ADMISSIBILITY OF REMOTE PROCEEDINGS OR NON-STENOGRAPHIC DIGITAL TRANSCRIPTS IS SOLELY ADVISORY, IS NOT LEGAL ADVICE, IS IN NO WAY BINDING, AND DOES NOT RELIEVE YOU OF YOUR DUTY TO PERFORM YOU OWN DUE DILIGENCE.
10. LIMITATION OF LIABILITY. THE REMOTE LEGAL ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE REMOTE LEGAL ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, OR FROM ANY CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICES BY REMOTE LEGAL OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM. THE MAXIMUM LIABILITY OF REMOTE LEGAL FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO REMOTE LEGAL TO ACCESS AND USE THE SITE OR SERVICES.
While we try to maintain the integrity and security of the Services and the servers from which they are operated, we do not guarantee that the Services will be or remain secure, complete or correct, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site or Services. By accessing the Services, You accept and assume these risks.
11. Indemnity. Except to the extent prohibited under applicable law, You agree to defend, indemnify and hold harmless each of the Remote Legal Entities from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of or relating to (a) Your use of, or activities in connection with, the Services; (b) any violation or alleged violation of this Agreement by You; and/or (c) any claim that any of Your Content or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.
To the maximum extent permitted by applicable law and to the extent necessary to provide the Services to You and others, to protect You and the Services, and to improve Remote Legal’s Services, You grant to Remote Legal a worldwide and royalty-free non-exclusive license to store, and make available to authorized users, any Content uploaded by You, or created during a Proceeding in which You participated or attended, in furtherance of the court reporting Services provided by Remote Legal. Further, You agree that certain audio-visual recordings of Your likeness may be made during a Proceeding, and You agree to defend, indemnify, and hold harmless each of the Remote Legal entities from and against any claims, losses, costs or expenses (including attorneys’ fees) arising out of the misappropriation of biometric data, including but not limited to facial features and voice.
You hereby agree that all persons that You invite to view Content or attend a Proceeding, shall be regarded as "users" and shall be entitled to independently view, download, and purchase a copy of any Content generated through use of Remote Legal 's Services to which they were invited. By inviting a witness, deponent, opposing counsel, or any other third party to view or monitor any content residing on the Platform, You waive any right or claim to assert that any such persons are not entitled to access that Content from Remote Legal 's system. To put alternative arrangements in place as they pertain to this paragraph, contact support@remotelegal.com prior to the start of the subject Proceeding. Remote Legal does not guarantee it will agree to Your request.
12. Payment Terms. By accessing the Platform, You acknowledge that You may be charged by Remote Legal for use of and access to the Platform and its Services. In general, Remote Legal charges users for use of the Platform according to the amount of time the platform is used, the jurisdiction, which attorney ordered the Proceeding, the number of users, certain special arrangements with users, or according to the applicable rules of civil or criminal procedure. You may contact support@remotelegal.com to inquire how your particular Proceeding will be charged.
a. Charges. By accessing the Platform and using the Services, You agree to pay whatever charges may arise from Your use of the Platform and Services.
The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Unless alternate arrangements have been made in advance, You will be invoiced electronically. We may suspend or cancel the Services available to You if Remote Legal does not receive full payment from You within 30 days of Your attendance at a Proceeding on the Platform. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of Your account and its Content. Connecting to the Internet via a corporate or other private network which masks Your location may cause charges to be different from those displayed for Your actual location.
b. Billing. By providing Remote Legal with a payment method, You (i) represent that You are authorized to use the payment method that You provided and that any payment information You provide is true and accurate; (ii) authorize Remote Legal to charge You for the Services or available content using Your payment method; and (iii) authorize Remote Legal to charge You for any paid feature of the Services that You choose to sign up for or use while this Agreement is in force. Remote Legal may bill You (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, Remote Legal may charge You up to the amount You have approved, and Remote Legal will notify You in advance of any change in the amount to be charged for recurring subscription Services. Remote Legal may bill You at the same time for more than one of Your prior billing periods for amounts that have not previously been processed.
c. Recurring Payments. If You purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), You acknowledge and agree that You are authorizing recurring payment, and payments shall be made to Remote Legal by the method You have chosen at the recurring intervals chosen by You, until the subscription for that Service is terminated by You or by Remote Legal. By authorizing recurring payments, You are authorizing Remote Legal to process such payments as either electronic debits or fund transfers, or as electronic drafts from Your designated account (in the case of Automated Clearing House or similar payments), or as charges to Your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Remote Legal or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
d. Refund Policy. Unless otherwise provided by law or by a particular Services offer, all purchases are final and non-refundable. If You believe that Remote Legal has charged You in error, You acknowledge that You must notify Remote Legal within 90 days of such charge. You acknowledge that no refunds will be given for any charges more than 90 days old. Remote Legal reserves the right to issue refunds or credits at Remote Legal 's sole discretion. If Remote Legal issues a refund or credit, Remote Legal is under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
e. Canceling the Services. You may cancel Your access to the Services at any time, with or without cause. To cancel and request a refund, if You are entitled to one, send an email to support@remotelegal.com.
f. Trial-Period Offers. If You are taking part in any trial-period offer, You must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless Remote Legal notifies You otherwise. If You do not cancel the trial Service(s) by the end of the trial period, Remote Legal may charge You for the Service(s).
g. Promotional Offers. From time to time, Remote Legal may offer Services for a trial period during which Remote Legal will not charge You for the Services. Remote Legal reserves the right to charge You for such Services (at the normal rate) in the event that Remote Legal determines (in its reasonable discretion) that You are breaching the terms and conditions of the offer.
h. Price Changes. Remote Legal may change the price of the Services at any time and if You have a recurring purchase, Remote Legal will notify You by email before the price change. If You do not agree to the price change, You agree to cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for Your Service offer, that price will remain in force for the fixed term.
13. Contracting Entity. Under this Agreement, You are contracting with Precision Reporters, LLC dba “Remote Legal”, 110 W Fayette St, Unit 310, Syracuse, New York 13202. Remote Legal 's address is subject to change at any time.
If You have any questions regarding the meaning or application of this Agreement, please direct such questions to support@remotelegal.com. Please note that e-mail communications will not necessarily be secure; accordingly, You should not include credit card information or other sensitive information in Your e-mail correspondence with us.
14. Location of Services. To the maximum extent permitted by law, all Services hereunder shall be deemed to occur within the State of New York unless otherwise stipulated to.
15. Choice of Law and Place to Resolve Disputes. To the maximum extent permitted by applicable law, all disputes, claims, controversies, and other matters relating to the interpretation and enforcement of this Agreement, shall be construed in accordance with and governed pursuant to the laws of the State of New York and adjudicated in the state or Federal courts located in Syracuse, New York. To the maximum extent permitted by applicable law, You and Remote Legal irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Syracuse, New York, for all disputes arising out of or relating to this Agreement or the Services.
BY YOUR ACCESS TO OR USE OF THE SERVICES, YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION RELATED TO YOUR USE OF THE SERVICES.
16. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials available on the Site, the Platform or in connection with the Services infringe Your copyright, You (or Your agent) may send Remote Legal a written notice by mail, email or fax, requesting that Remote Legal remove the material or block access to it. If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, the DMCA permits You to send Remote Legal a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. We suggest that You consult Your legal advisor before submitting a notice or counter- notice. You acknowledge by accessing the Services that Remote Legal is not responsible for the Content uploaded or provided by third-parties during the course or in furtherance of a Proceeding.
17. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://www.getnetwise.org/) and On Guard Online (http://onguardonline.gov/). Please note that Remote Legal does not endorse any of the products or services listed at such sites.
18. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If You have a question or complaint regarding the Site or Services, please contact us by writing to: Precision Reporting, LLC dba “Remote Legal”, 110 W Fayette St, Unit 310, Syracuse, New York 13202. Phone: 315.422.4280
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.
19. Miscellaneous. Cancellation of Your access to the Services does not cancel Your rights and obligations under this Agreement. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between You and Remote Legal. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of Your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer or sublicense is void. We may assign, transfer or sublicense any or all of Our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between You and Remote Legal relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between You and Remote Legal relating to such subject matter. Notices to You may be made via posting to the Site or Platform or through the Services, by e-mail, or by regular mail, in Remote Legal's discretion. The Site or Services may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Remote Legal will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Remote Legal is not a law firm and does not provide legal services or engage in the practice of law. No attorney-client relationship and no attorney-client privilege exists between You, Your entity, or Your client, and Remote Legal.
20. Incorporation by Reference of Third-Party Terms. Remote Legal utilizes one or more platforms, software, or systems by third-party vendors (the “Vendors”). Remote Legal does not provide any greater or different representations, warranties or assurances with respect to the Vendors’ components utilized in the Services than what is provided in this Agreement directly pertaining to the Services.
Some parts of the Service, may include output from third-parties. Third party services and related output are subject to their own terms, and Remote Legal is not responsible for them.
By accessing the Platform You agree to conform to the same code of conduct found in Section 5, as it pertains to the Vendors and their products. Further, You agree the You:
a. Will use the Vendors’ software only as an integral component of the Services;
b. Will not use the Vendors’ software for development, compilation, debugging and similar design-time purposes;
c. Will not reverse-compile or decompile, analyze, reverse-engineer, reverse-assemble or disassemble, unlock or otherwise attempt to discover the source code or underlying algorithms of the Vendors’ software or attempt to do any of the foregoing in relation to the code of the Software; and will not modify, adapt, translate or create any derivative works of the Vendors’ software or merge the Vendors’ software into any other software; and
d. Will not use, copy, modify, or transfer the Software, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted by the Licensor. The End User's rights will be nonexclusive and except as expressly permitted by the Licensee, non-assignable, provided always, however, that the provisions set forth in this Agreement applicable to any End User must also apply to any permitted assignee and the Licensee will be responsible for ensuring compliance with the foregoing condition;
By accessing the Services, You agree that Remote Legal and/or its Vendors will have the exclusive ownership of all right, title, and interest in and to the software or service licensed to the End User, including ownership of all the intellectual property rights and confidential information pertaining thereto, subject only to the express rights and privileges expressly granted to the End User under said agreement.
You agree that Your obligations under this Agreement will also be for the benefit of the Vendors and will be enforceable by the Vendors as third-party beneficiaries against the You.
21. ADMISSIBILITY; FURTHER ASSURANCES. By accessing the Remote Legal Platform and attending a Proceeding on the Platform, You stipulate that, depending on the Services ordered by the parties, i) the subject Proceeding may be remote, with a remote deposition officer not in the same room as the witness or any other party, ii) the subject Proceeding may be recorded audio-visually through the use of digital recording devices, iii) the subject Proceeding may be transcribed solely by non-stenographic means through the use of a live deposition officer or digital transcription software or some combination of the two, and iv) to the best of Your knowledge and belief, all parties to the Proceeding also stipulate to same. By using the Services for a Proceeding, You agree i) not to object to admissibility of any Remote Legal transcript or audio-visual recording on the basis of the method by which it was recorded or created, ii) not to object to any other party’s use or introduction of Remote Legal’s content in any legal matter on the basis of the method by which the content was recorded or created, iii) not to object to the administration of any required oaths or affirmations by an officer not physically present the same place as the witness, or to the admissibility of Remote Legal-generated content on that basis, iv) not to object to the presiding officer’s qualification to preside over the proceeding, nor to the presiding officer’s qualification to administer any required oaths or affirmations, nor to object to the admissibility of any Remote Legal content of the basis of the presiding officer’s qualification to preside or administer oaths or affirmations.
The covenant set forth in this section constitutes a material inducement to induce all counterparty(ies) and the Court, arbitrator(s), or other finder(s) of fact to accept the testimony that will be generated using the Services, and is given in partial consideration of the convenience, time savings, cost savings, travel savings, and other substantial benefits that the users of the Remote Legal platform seek to obtain through use of the Services.
