Evening Legal™ Terms of Use

Last updated: 7-7-21

This Terms and Conditions agreement (“Agreement”) is a binding agreement between Evening Legal™ (“Company”) and (i) you, an individual, or (ii) you on behalf of an individual or entity) (“you” or “your”).  This Agreement governs your access and use of the Company’s website(s) www.eveninglegal.com and related websites and webpages, and content therein (individually and collectively, “Company Website”). Please read this Agreement carefully before, accessing or using the Company website(s).

BY ACCESSING OR USING THE COMPANY WEBSITES, YOU REPRESENT AND WARRANT THAT (A) YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF, OR ON BEHALF OF A THIRD PARTY, IF APPLICABLE; (B) YOU READ AND UNDERSTAND THIS AGREEMENT; (C) YOU ARE AT LEAST 18 YEARS OF AGE; AND (D) YOU ACCEPT THE TERMS OF THIS AGREEMENT, OR IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF THIRD PARTY, SUCH PARTY ACCEPTS THE TERMS OF THIS AGREEMENT AND AGREE(S) TO BE BOUND BY THEM.  IF YOU DO NOT AGREE TO ALL THE TERMS IN THIS AGREEMENT, DO NOT CLICK “I AGREE” AND DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE APPLICATION.

License.

In General.

Subject to the terms of this Agreement, Company grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Company website solely for your personal, non-commercial use (“License”).

Prohibited Uses.

You agree to access and use the Company website only for lawful purposes and in strict accordance with this Agreement. You will not:

  • violate any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • exploit, harm or attempt to exploit or harm minors or adults in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • impersonate or attempt to impersonate Company, its employees or representatives, or another user, person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
  • engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Company Website or which, as determined by Company, may harm the Company Website, Company, Company Website or other users, or expose them to liability.
  • Access or use the Company Website in any manner that could disable, overburden, damage, or impair the Company Website or interfere with any other party’s use of the Company Website.
  • remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Company Website.
  • utilize framing techniques to enclose any trademark, logo, or other materials belonging to Company without Company’s prior written consent.
  • Hack, crack, phish, SQL inject, or otherwise compromise or attempt to compromise the security or integrity of the Company Website or servers.
  • use any device, software or routine that interferes with the proper working of the Company Website.
  • introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  • otherwise attempt to interfere with the proper working of the Company Website.
  • Infringe or violate any copyright, trademark, patent, trade secret or any other intellectual property right, or any right of privacy or publicity.
  • Initiate or send an inappropriate, unreasonable, unnecessary or excessive number of emails to a recipient to harass, annoy, threaten or burden the recipient.
  • initiate or make an inappropriate, unreasonable, unnecessary or excessive number of calls to a recipient to harass, annoy, threaten or burden the recipient;
  • use the Company Website in any way to engage in phishing, to send spam, hacking, theft, or any
  • Copy the Company Website;
  • Modify, translate, adapt or otherwise create derivative works or improvements of the Company Website;
  • Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Company Website;
  • Circumvent, attempt to circumvent, or allow or conspire with any third party to circumvent any security, privacy, or other technological measure in the Company Website;
  • Remove, delete, alter or obscure any copyright, trademark, patent, or any other intellectual property or proprietary rights notices in the Company Website;
  • Rent, lease, lend, sell, license, sublicense, modify, assign, copy, distribute, publish, publicly perform or display, transfer or otherwise make available the Company Website or any of its features or functionality; or
  • Upload or introduce any virus or malware in the Company Website.

Reservation of Rights

The Company Website is being provided to you under a license, and is not being sold to you. You are not acquiring any ownership interest in the Company Website or any other rights except as expressly granted by, and subject to the terms of, this Agreement. All rights not expressly granted to you are reserved by the Company.

Submission Of Information.

You acknowledge and agree that filling out the “contact us” form on the Company Website and submitting information, requesting services or an in person, virtual or phone appointment does not create an attorney client relationship between you and Evening Legal™. You should not submit confidential or sensitive information in the “contact us” form. An attorney-client relationship can only be created by your execution of a legal services agreement with Evening Legal that is also signed by a representative of Evening Legal™.

Modifications, Suspensions, Discontinuances.

Company Website reserves the right to modify, suspend or discontinue, temporarily or permanently, the Company Website or any service to which it connects, with or without notice and without liability to you.

License Term and Termination

This License shall remain in effect until terminated by you or Company. Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate the License and this Agreement with or without prior notice.  You may terminate this Agreement at any time for any reason. Upon termination, you agree to cease all use of the Company Website.

Account; Security.

Access and use of certain areas within the Company Website may require that you register for an account and provide certain information. You agree to keep the account information accurate at all times and promptly update the information, as necessary.  By registering for an account, you represent and warrant that all of the information you provide is true, accurate, current and complete. You are solely responsible for updating and correcting the information you provide in the Company Website. You agree that Company may take steps to verify the accuracy and truthfulness of the information you provide, at Company’s discretion.

You agree that your username, password, and all other log in information you create is confidential, and you may not disclose it to anyone or allow anyone to use your account. You agree to immediately notify Company of any unauthorized use of your username or password or any other breach of security related to your account, the Company Website. You are solely responsible for any and all activities that occur under your account. Company will assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account, have been made by you unless we receive notice indicating otherwise. You agree that you are solely responsible for securing your computers, laptops, mobile devices and other hardware and software you use to access the Company Website. Company has no liability for any security breach or event resulting from your failure to properly secure your devices, hardware and software.

Privacy Policy.

The Company respects your privacy. Please review our Privacy Policy, which governs how we collect, use and share your personal information. The Company’s Privacy Policy can be found here: www.eveninglegal.com/privacy-policy/.

Term and Termination

Company reserves the right to terminate this Agreement, suspend or terminate your account, or suspend or terminate your access to or use of the Company Website for any or no reason, with or without notice. Your violation of the terms of this Agreement will terminate your License to use the Company Website immediately, without notice.. Upon termination of this Agreement, you agree to immediately cease access to and use of the Company Website, and Company shall have the right to remove any content or information you stored in your Account, as applicable. You agree that Company shall not be liable to you or any third party for any suspension, termination, or removal of data or content. Company also reserves the right to take appropriate legal action. These remedies are in addition to any other remedies Company may have at law or in equity. You may terminate this Agreement and your rights to use the Company Website at any time by deactivating your account, if applicable. Unless otherwise provided by applicable law, the termination of your account is your only remedy with respect to any dispute that you may have hereunder. Company shall have the

Content and Communication Disclaimer.

The Company does not own or control any content or communication you may make or transmit using Company Website (“Communication”) and Company has no obligation to monitor, edit or control your Communication; however, Company may, at its discretion, remove, edit or block any Communication, or suspend or terminate your account if, in Company’s sole discretion, a Communication violates this Agreement or any applicable law, is otherwise objectionable or offensive. Company may suspend or terminate your account or this Agreement if the Company determines in its sole discretion that you are sending an excessive, burdensome or unreasonable number of Communications to a recipient or recipients or within a period of time, or you are otherwise accessing or using the Company Website in an unreasonable, unlawful or unethical manner.

Third Party Websites, Applications and Services.

The Company Website may contain links to or integrations with third party websites, applications, news stories, articles, text, editorials, videos, pictures, graphic images, games, services and other content, materials and information (“Third Party Services”). Company does not own and has no control over the content, availability, accessibility or quality of Third Party Services. Company accepts no responsibility or liability for, and you expressly release Company from responsibility and liability for, Third Party Services, including but not limited to any loss, liability or damage that may arise from your use of, provision of information to, or integration with Third Party Services, . If you decide to access, integrate with or use any Third Party Services, you understand that it may contain objectionable, incorrect, incomplete, false, misleading, offensive, indecent, illegal, or obscene images, text, videos and other content.  You understand agree you are accessing and integrating with Third Party Services entirely at your own risk, and you will be solely responsible for any liability, damage or loss that occurs from your use of Third Party Services.

Ownership; Intellectual Property

Evening Legal™, the Evening Legal™ logo, the Company Website including all source and object code, content (excluding Third Party Services), and all related user interfaces, software, products and services (“Intellectual Property”) are owed exclusively by Company, its licensees and its licensors, as applicable. This Agreement does not transfer any ownership or other proprietary right in the Intellectual Property except as expressly granted herein. You agree not to remove any notices or legends on the Company Website.  The Company trademarks and copyright protected works are protected under state, federal and international intellectual property laws, including but not limited to the Copyright Act of 1976, as amended, the Lanham Act, as amended, and state trademark laws.

Digital Millennium Copyright Act Procedures.

Company respects the intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act, Company will promptly respond copyright infringement claims if submitted to Company’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Company will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

If you believe that your intellectual property rights have been violated by Company or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Site;
  3. An address, telephone number, and email address where Company can contact you and, if different, an email address where the alleged infringing party, if not Company, can contact you;
  4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
  6. Your electronic or physical signature.

Company may request additional information before removing any allegedly infringing material. In the event Company removes the allegedly infringing materials, Company will immediately notify the person responsible for posting such materials that Company removed or disabled access to the materials. Company may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c). Company’s designated Copyright Agent is:

DMCA Officer

Evening Legal™

16133 Ventura Boulevard, 7th Floor

Encino, CA 91436

Force Majeure.

In no event shall Company be responsible or liable for any failure or delay in the performance of its obligations in this Agreement arising out of or caused by, directly or indirectly, forces beyond Company’s control, including but not limited to strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural catastrophes, or acts of God, or any interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

Disclaimer of Warranties

You understand that Company cannot and does not guarantee or warrant that the Company Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Company Website for any reconstruction of any lost data.

COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER PROGRAMS, DATA OR OTHER MATERIAL DUE TO YOUR USE OF THE COMPANY WEBSITE, GOODS OR SERVICES OBTAINED THROUGH THE COMPANY WEBSITE OR FROM DOWNLOADING OF ANY MATERIAL POSTED ON ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE COMPANY WEBSITE. THE COMPANY WEBSITE, ITS CONTENT AND SERVICES, AND ITEMS OBTAINED THROUGH THE COMPANY WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

Limitation on Liability

IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE COMPANY WEBSITE, ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE COMPANY WEBSITE, ANY CONTENT ON THE APPLICATION OR SUCH OTHER WEBSITES OR MOBILE APPLICATIONS OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE APPLICATION OR SUCH OTHER WEBSITES OR MOBILE APPLICATIONS, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY OF ANY KIND WHATSOEVER, INCLUDING DUE TO COMPANY’S NEGLIGENCE OR MISCONDUCT, SHALL BE LIMITED TO ONE THOUSAND DOLLARS ($1,000.00.

Warranty Disclaimer; As Is.  

THE COMPANY WEBSITE, PRODUCTS AND SERVICES, AND ALL INFORMATION, MATERIALS AND CONTENT PROVIDED THEREIN OR ACCESSIBLE OR AVAILABLE THEREBY ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NONINFRINGEMENT, OR THAT THE COMPANY WEBSITE, PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE.

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, WARRANTY DISCLAIMER OR DAMAGES EXCLUSION IS FOR THE PURPOSE OF ALLOCATING RISKS BETWEEN THE PARTIES TO THIS AGREEMENT, AND THE ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to defend, indemnify and hold harmless Company, its affiliates, licensees, licensors and their respective directors, officers, members, shareholders, employees, contractors, agents, licensors and suppliers from and against any claims, actions, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (“Claim”) resulting from (1) your breach or violation of any term of this Agreement, (2) your access to, use, or alleged use of the Company Website or Company’s products or services or (3) your violation of any law. Company reserves the right at its own expense to assume the defense and control of any Claim and you agree with Company’s defense of that claim, without limiting, reducing or minimizing your indemnification obligations in any way.

If a lawsuit or court proceeding is permitted under this Agreement, the parties agree that the exclusive jurisdiction shall be the state and federal courts located within the County of Los Angeles, State of California.  Each party to this Agreement submits to the personal jurisdiction of the state and federal courts within the County of Los Angeles, State of California.  Each party to this Agreement irrevocably waives any objection it may have now or in the future to the venue of any such action or proceedings, and any claim it may have now or in the future that any such action or proceeding has been brought in an inconvenient forum. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Miscellaneous.

 

Severability

If any provision of this Agreement is held to be unenforceable or invalid by a court or arbitrator, the remaining provisions will continue in full force and effect.

Assignment:

This Agreement may not be assigned by you without Company’s prior written consent, and any attempt to assign this Agreement without Company’s consent shall be null and void. This Agreement shall be binding and enforceable upon each party’s successors and assigns.

California Civil Code 1789.3

If you are a California resident, pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about must be addressed to our agent for notice and sent via certified mail to:

Evening Legal™

16133 Ventura Boulevard, 7th Floor

Encino, CA 91436

You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Waiver

No waiver of any term or condition in this Agreement by Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Company to assert a right under this Agreement shall not constitute a waiver of such right or provision.

Entire Agreement

This Agreement and our Privacy Policy, and specific terms and conditions on the Company website(s) constitute the sole and entire agreement between you and Company with respect to the Company Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto.

Changes to this Agreement

Company reserves the right, at its sole discretion, to change this Agreement at any time for any reason without notice, and such changes will be effective upon posting; however, (a) material changes will be effective on the earlier of (a) your first use of the Company Website after actual knowledge of the changes, or (b) 30 days after the Company posts the changes. Your use of the Company Website after such date constitutes your agreement to be bound to the changes. What constitutes a “material change” will be determined at our sole discretion.

Questions and Comments

If you have any questions or comments about the Company Website, please contact us at [email protected]