1. Acceptance of Terms and Conditions of Use
Welcome to https://plaintiffprep.com/ (collectively, the “Site”) of Dayful LLC, an Indiana limited liability company (“Dayful” or “we” or “us”). Through the Site, attorneys who have subscribed to or registered for access to the Dashboard (each, an “Attorney”) and their clients (each, a “Client”), their witnesses (each, a “Witness”), and their experts (each, an “Expert”) (collectively, “Users”) are provided access to various features, including without limitation, “Plaintiff Preparation Videos”, videos, applications, content, or products now or subsequently available through the Site (collectively, the “Services,” and together with the Site, the “Dashboard”). By accessing the Dashboard, you agree to be bound by these terms and conditions of use (these “Terms”) and all applicable federal, state, and local laws and regulations. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS, AND ARE PROHIBITED FROM ACCESSING THE DASHBOARD. We may change these Terms at any time by posting revisions to the Site, and your continued use of the Dashboard indicates your agreement to the revised Terms. Accordingly, we urge you to regularly review these Terms. To the extent these Terms conflict with any subscription agreement, registration terms and/or agreement, license agreement, or other agreement (as applicable, “License Agreement”) you have signed with us, the terms contained in the License Agreement will prevail.
2. User Subscription; Access
To obtain full access to the Dashboard or per the terms of your License Agreement, you may be required to pay a subscription fee and/or complete a registration process as may be required by Dayful. If a subscription is necessary, we may contact you to provide further information regarding the varying levels of subscriptions available to you. Any subscription that is cancelled by the Attorney (or subscribing law firm, as applicable) prior to its expiration (regardless of whether such subscription is monthly, annual, or some other term) will terminate at the end of the applicable billing cycle; Dayful will not refund any pre-paid subscription fees.
Dayful’s pricing for the Services is based on the number of Attorneys who will be granted access to the Dashboard. Only the Attorney(s) who has/have paid for such access, along with their respective Clients, Witnesses, and Experts, are authorized to use the Dashboard. Any use or access by any other party or parties, including without limitation, any attorney(s) within the Attorney(s)’ law firm and their clients, witnesses, and/or experts, is expressly prohibited. Any use or access by such parties shall enable Dayful to immediately terminate the access rights of any related Users. In the event access rights are so terminated, no refund of subscription fees shall be provided.
3. Content
The Dashboard is protected by United States copyright law. Unauthorized copying of the Dashboard is expressly forbidden. You should assume that everything that you read, see, or hear on the Dashboard, including without limitation the Plaintiff Preparation Videos and all other videos, files, images, text, software, and data (collectively, the “Dayful Content”), is copyrighted or otherwise protected and owned by us or some third party who licensed to us the right to use and provide to you such Dayful Content. You expressly acknowledge that no title to the Dashboard or the Dayful Content is transferred to you, and that all rights not expressly granted to you hereunder are reserved by us.
You agree and acknowledge that all title and intellectual property rights in and to the Dashboard (including but not limited to any videos, images, photographs, animations, text, software code, programs, applications and “applets”, and any other material incorporated into the Dashboard) and the materials accompanying the Dashboard (including but not limited to, guides or instructions that may be provided by Dayful in connection with the Dashboard) (collectively, the “Documentation”) are owned by or licensed to Dayful. You agree and acknowledge that no title to the Dashboard or Documentation is transferred to you, and that all rights not expressly granted to you under these Terms are reserved by Dayful.
You will not (i) reproduce, perform, display, distribute, copy, use, modify, adapt, reverse engineer, or prepare derivative works from the Dashboard or any Dayful Content, except with Dayful’s prior express written permission or as expressly provided herein; (ii) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Dashboard or any Dayful Content available to any third party except as expressly provided herein; (iii) hack or otherwise attempt to gain unauthorized access to the Dashboard, any Dayful Content, the Dayful computer systems, or the computer systems of other users of the Dashboard; (iv) upload or transmit false, inaccurate, misleading, defamatory, libelous or otherwise unlawful content through the Dashboard; (v) except as explicitly permitted in accordance with applicable law or as agreed to by the ultimate recipient, distribute or transmit bulk electronic communications, “spam,” or other unsolicited communications through the Dashboard; or (vi) distribute viruses or other harmful or malicious technologies through the Dashboard. You may only make use of materials accompanying the Dashboard, including but not limited to, the guides or instructions provided by Dayful in connection with the Dashboard, to assist in the integration of the use of the Dashboard into your employment practices. IF DAYFUL DETERMINES, IN ITS REASONABLE JUDGEMENT THAT YOU HAVE ACTED IN VIOLATION OF THIS SECTION, YOUR RIGHT TO USE THE DASHBOARD AND ANY LICENSE AGREEMENT WILL TERMINATE EFFECTIVE UPON DISPATCH OF WRITTEN NOTICE BY DAYFUL.
4. Dashboard License Grant
Subject to your compliance with these Terms and the terms of your License Agreement (if applicable), we grant to you a nonexclusive, nontransferable, non-sublicenseable, nonassignable, limited, freely revocable license to use the Dashboard as described below and to view content from the Dashboard, except as we may restrict or block at the request of our content providers or of our own initiative. You may not reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from the content or the Dashboard except with our prior written permission (or the written consent of any third party holding the right to license such use, as applicable). For the avoidance of doubt, you are not being provided a license to any software hereunder, except as accessible to you through the Site and in conformity with these terms, nor are you granted rights to any software code.
5. Your Use of The Dashboard
All attorney-client relationships are directly and solely between the Attorney and Client. You understand and acknowledge that we are not a party to, nor will we have any liability or responsibility with respect to such relationships or the outcome of any case. You further understand that we do not endorse or vouch for the reputation, competence, or credibility of any Attorney, Client, Witness, or Expert. You shall remain solely responsible for any strategy implemented or decisions made as a result of use of the Dashboard. No agency, partnership, joint venture or employee-employer relationship between you and Dayful is intended or created by these Terms. Neither of us shall have the power to obligate or bind the other in that respect.
6. Your Overall Use of the Dashboard
You agree to use the Dashboard in a manner consistent with any and all applicable laws, rules and regulations. Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to the Dashboard is strictly prohibited. You will not hack into or otherwise gain unauthorized access to the Dashboard. You will not distribute viruses or any other malicious technologies that may harm our interests or the interests of our users. You may not impersonate another person or misrepresent your affiliation with a third party. You will use the Dashboard for lawful purposes only.
You shall maintain, at your own expense, hardware and internet access sufficient to exercise your rights hereunder. Dayful shall be entitled to update the Dashboard from time to time, in its sole discretion, and you shall be solely responsible for maintaining your system’s compatibility therewith.
We reserve all rights and remedies available to us including reporting any breach or compromise of this Site to the relevant law enforcement authorities and cooperating with those authorities by disclosing your identity to them.
We reserve the right to cancel any unconfirmed accounts or accounts that have been inactive for longer than six (6) months, or modify or discontinue the Dashboard.
7. Links to Third Party Sites
Through the Dashboard, we may provide links to sites operated by third parties. Your use of and access to such sites is completely voluntary and in no way required by your use of this Dashboard. The linked sites are not under our control, and we are not responsible for the content of any linked site or subsequent links from that site, or for the security of any of your personal information that may be compromised through your use of or access to such sites. We may provide links only as a courtesy to our Users, but such links do not (and will not) imply our endorsement of any linked site.
8. Disclaimer of Warranties
THE DASHBOARD IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY EITHER US OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE DASHBOARD, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY (I) THAT THE DASHBOARD IS ACCURATE, RELIABLE OR CORRECT; (II) THAT THE DASHBOARD WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT THE DASHBOARD, THE CONTENT, OR DATA OF YOURS OR ABOUT YOU ARE SECURE; (IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (V) THAT THE DASHBOARD IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (VI) THAT THE DASHBOARD WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION; (VII) REGARDING THE INFORMATION APPEARING ON THE DASHBOARD; OR (VIII) THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS PROVIDED BY US.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE DASHBOARD OR INABILITY TO USE THE DASHBOARD; (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, SECURITY BREACH, OR LOSS OF USE RELATED TO THE DASHBOARD; (III) DAMAGE TO YOUR HARDWARE RESULTING FROM YOUR USE OF THE DASHBOARD; AND (IV) THE ACTIONS OR INACTIONS OF THIRD PARTIES. IF YOU ARE DISSATISFIED WITH US, THE DASHBOARD OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE DASHBOARD.
OUR AGGREGATE LIABILITY FOR ANY LOSS, DAMAGE OR INDEMNIFICATION UNDER THESE TERMS SHALL BE THE LESSER OF (A) THE AMOUNT OF THE LOSS AT ISSUE, OR (B) THE AMOUNT PAID BY THE ATTORNEY (OR SUBSCRIBING LAW FIRM, AS APPLICABLE) TO DAYFUL OVER THE PRECEDING 12 MONTHS FOR ACCESS TO THE DASHBOARD.
10. Indemnification
You will indemnify and defend us and our members, employees, contractors, officers and directors from and against all liability, claims, suits or other proceedings, including third party claims, whether threatened or filed, directly or indirectly, resulting from or based on a claim of or relating to, (i) any breach by you of any obligation, covenant or representation contained in this Agreement, (ii) your use of the Dashboard and/or the Dayful Content.
11. Choice of Law
The Terms and any License Agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms, any License Agreement, and/or your use of the Dashboard shall be filed only in the state or federal courts located in Indianapolis, Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. All actions or proceedings arising out of or relating to the Terms and any License Agreement shall be venued exclusively in state and federal courts in Indianapolis, Indiana. You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum. However, we reserve the right to bring suit in any other appropriate jurisdiction. YOU IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY CLAIM, DISPUTE OR CONTROVERSY THAT IN ANY WAY ARISES FROM OR RELATES TO THESE TERMS OR ANY LICENSE AGREEMENT AND IN WHICH YOU AND DAYFUL ARE ADVERSE PARTIES.
12. Integration and Severability
Unless you have signed a separate License Agreement with us, these Terms constitute the entire agreement between you and us with respect to the Dashboard and supersede all prior or contemporaneous communications and proposals with respect to the Dashboard. If you have signed a License Agreement with us, the terms of that License Agreement control to the extent there is any conflict with these Terms. If any provision of these Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
13. Waiver
Our failure at any time to require performance of any provision of these Terms or any License Agreement, or to exercise any right provided for herein or by law, shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by our authorized representative. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of the Terms, any License Agreement and/or any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
14. Default
Each of the following shall constitute a default: (i) your failure to pay any sum due under the License Agreement, or (ii) your failure to perform any of your obligations under these Terms or under the License Agreement. If you fail to cure a default within ten (10) days of said default, Dayful may take any or all of the following actions, at its sole discretion and election: (i) terminate the License Agreement, (ii) declare all amounts due under the License Agreement to be immediately due and payable, (iii) exercise any of its other rights or remedies under these Terms, the License Agreement, and/or under applicable law and/or (iv) immediately terminate your access to the Dashboard; further, any breach or default by the Attorney(s) shall enable Dayful to immediately terminate the access rights of any related Users. In the event access rights are terminated, no refund of subscription fees shall be provided. The remedies contained in this Section are cumulative and in addition to all other rights and remedies available hereunder, under the License Agreement, by operation of law, or otherwise. The termination of the License Agreement for any reason shall not affect or impair any rights, obligations or liabilities of either party that may accrue prior to such termination or that, under the terms of the License Agreement, continue after termination.
Notwithstanding anything to the contrary contained herein, the obligations set forth in Sections 3, 5, 6, 8, 9, 10, and 14 of these Terms shall continue in full force and effect subsequent to and notwithstanding the termination of the License Agreement.
15. Attorney Fees
Dayful shall be entitled to recover all of its reasonable attorneys’ fees and collections costs and expenses associated with enforcing its rights under these Terms or the License Agreement.
16. Electronic Signatures
You agree that an electronic signature on any agreements or other communications required or permitted to be given hereunder, or pursuant or relating to any service, shall have the same force and effect as the use of manual signatures.
17. Force Majeure
Neither party shall be in default by reason of any failure in performance of these Terms if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, acts of God or of the public enemy, U.S. or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, and/or freight embargoes (each a “Force Majeure Event”); provided, however, that no Force Majeure Event shall relieve a party from any payment obligations.