THIS AGREEMENT (“AGREEMENT”) GOVERNS CUSTOMER’S USE OF SITES FOR LAW FIRM’S SERVICES. IF CUSTOMER REGISTERS FOR A FREE TRIAL OF SITES FOR LAW FIRM’S SERVICES, THESE TERMS WILL ALSO GOVERN THAT FREE TRIAL.
"SFLF" is a reference to Sites for Law Firms, LLC
"SFLF Application" means the facility provided by SFLF via SFLF’s websites, which allow the Customer to manage all services provided by SFLF.
"Managed Domain(s)" means Internet domains registered by SFLF on behalf of the Customer. It does not include Internet domains not registered by SFLF, even if the Customer has configured some or all of that Internet domain to use services provided by SFLF.
"Managed Website(s)" means the websites managed by the Customer or their agents through the SFLF Application and hosted by SFLF on SFLF’s web servers.
"Managed Email Account(s)" refers to email accounts provided by SFLF and managed by the Customer or their agents through the SFLF Application.
"Services" means any of the products and services provided by SFLF, including but not limited to website management and hosting (Managed Websites), domain name registration and management, email account creation, management and hosting (Managed Email Accounts).
"Confidential Information" means without limitation, written or oral information, illustrations, prototypes, models, whether patentable or unpatentable, trade secrets, know-how, concepts and other data, trademarks, copyrights, design features or configurations of any kind, procedures, demonstrations, methods, processes, uses, business and financial information, manufacturing information, techniques, formulas, improvements, research and development data, pamphlets, books, reports or other documents, inspection procedures, apparatuses, compounds, compositions, combinations, programs, software and works of authorship, whether discovered, conceived, developed, made or produced by SFLF or Customer, respectively.
"Provided Content" means any and all content provided, discovered, conceived, developed, made or produced by SFLF, and made accessible to Customer, including but not limited to: copyrighted content; website design content; videos; images; audio content; pre-written web page content; keywords; meta-tags; titles; Confidential Information; etc.
“Bulk Mail” means email messages of similar content that are sent to more than 250 recipients.
"Service Plan" refers to a grouping of a set number of specific Services, a recurring payment period and the price for those services, as well as pricing for adding additional Services.
"Service Vendors" means any and all third party entities which SFLF engages to provide goods and/or services to SFLF and/or SFLF’s Customers, including, but not limited to: web hosting service providers, advertising service providers, domain name registration and DNS (Domain Name Service) hosting service providers, search engine service providers, content providers, database administration service providers, email service providers, assistance or support service providers, etc.
Customer agrees to engage SFLF to provide Managed Domain Services for Customer’s specified web domain(s).
Customer may request SFLF to facilitate Customer with purchase and/or registration of one domain name per Managed Website, specified by Customer. Upon approval of such request, SFLF will purchase and/or register the specified domain name on behalf of Customer, designating SFLF as the owner of the domain name. SFLF will also be responsible for renewing any domain names registered on behalf of Customer, so long as Customer's account with SFLF remains in good standing. Customer agrees to be financially responsible for any additional costs and fees relating to domain name registration, and/or ownership, and further agrees to reimburse SFLF for any costs and/or fees advanced by SFLF on behalf of Customer.
Should Customer desire to be the designated owner of the domain name(s), Customer may provide SFLF with a written request to transfer ownership of the specified domain name(s) from SFLF to Customer. SFLF agrees to cooperate with Customer in effecting transfer of ownership of the specified domain name(s) to Customer. Customer agrees to comply with all domain name transfer/ownership requirements, and agrees to execute all related forms and agreements, as required by SFLF and/or SFLF’s Service Vendors. If customer elects to transfer ownership of the specified domain, customer agrees to pay and be financially responsible for all costs and fees relating to domain name registration, ownership and/or transfer of ownership, and further agrees to reimburse SFLF for any costs/fees advanced by SFLF on behalf of Customer.
SFLF provides Managed Domain Services through the Service Vendor, Tucows.com Co. (“Tucows”). To the extent applicable, Customer agrees to be bound by Tucows’s policies, links (and terms/conditions) which can be accessed via the following URL:
Tucows Registration Agreement Policies:
All Managed Websites created within Customer’s account must be related to a single legal entity. It is expressly forbidden to create additional websites for third parties.
At a minimum, SFLF will provide at no additional cost three (3) Gigabytes of file storage, and two (2) Gigabytes of network transfer per month, per Managed Website. Beyond those guaranteed thresholds, SFLF may decide at its sole discretion what constitutes acceptable utilization of it's network and storage resources, and may choose to charge the Customer a reasonable amount for additional usage.
SFLF provides Managed Email Account Services through Service Vendors such as Rackspace, US Inc. (“Rackspace”). Customer agrees to be bound by its Service Vendor’s policies, links (and terms/conditions) which can be accessed via the following URLs:
Rackspace Acceptable Use Policy:
Rackspace General Terms & Conditions:
Rackspace Mail Hosting Services Terms & Conditions
Each Managed Email Account is afforded ten (10) Gigabytes of mailbox storage.
Customer further agrees to the following terms and conditions relating to Customer’s use of the Managed Email Account Services:
Additional Indemnification Grounds.
Customer’s indemnity obligations shall, in addition to the other grounds stated, cover any third party claim arising from Customer’s use of the Mail Service, except to the extent such claim arises from SFLF’s breach of the Agreement, negligence, recklessness, or willful misconduct.
SFLF’s Limited Rights to View and Use Customer’s Content. Customer agrees that SFLF’s personnel may view the content of Customer’s email and other items for the following purposes:
SFLF WILL NOT EMPLOY TECHNOLOGY TO READ CUSTOMER’S EMAIL MESSAGES IN ORDER TO TARGET, DISPLAY OR SEND MARKETING ADS BASED ON THE CONTENT OF THOSE EMAIL MESSAGES.
SFLF and Customer mutually agree not to use the other’s Confidential Information except in connection with the performance or use of the Services, as applicable, the exercise of each party’s respective legal rights under the Agreement, or as may be required by law. Each party agrees not to disclose the other’s Confidential Information to any third person except as follows:
Termination for Convenience
Customer may terminate the Agreement for convenience at any time on thirty (30) days advance written notice. SFLF may terminate for convenience at any time on one hundred and twenty (120) days advance written notice. If Customer terminates for convenience, SFLF will refund any amount Customer prepaid for any period extending past Customer’s committed term.
Scope of Support Obligations
Customer acknowledges that SFLF does not have expertise or specialized training with respect to products and/or services which are not provided by, offered by, and/or supported by SFLF (“Unsupported Products/Services”), and agrees that SFLF's owes no support obligations to Customer with respect to any Unsupported Products/Services.
Customer shall have no rights against Rackspace in connection with Customer’s use of Managed Email Account Services
Customer may not under any circumstance use the Managed Email Account Services to send Bulk Mail (as defined in Rackspace's Mail Hosting Terms of Service).
The Managed Email Account Services may not be used to send email by any automated means.
At Customer’s request, SFLF may utilize any of the services Rackspace provides for in Section 5 (Five) of their Mail Hosting Terms of Service (http://www.rackspace.com/information/legal/mailterms/) on Customer’s behalf, though SFLF reserves the right to either refuse that request or require reimbursement for the purchase of those services, at SFLF’s sole discretion.
No High Risk Use.
Customer may not use the Managed Email Accounts Services in any situation where failure or fault of the Managed Email Accounts Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, Customer may not use, or permit any other person to use, the Managed Email Accounts Services in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or medical life support devices.
Availability of Services
SFLF will make all reasonable efforts to provide uninterrupted availability of Services with the understanding that: there may be periods of downtime for maintenance and upgrades. SFLF will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond SFLF’s control; there are risks inherent in Internet connectivity that could result in the loss of Customer’s privacy, Confidential Information and property, and these risks may prevent access to some or all services provided by SFLF; SFLF rely on third party Service Vendors' services to provide Services to Customer and any interruption to these third party services may also adversely affect the Services provide by SFLF.
SFLF provides certain services designed to filter unwanted email, such as spam, phishing scams, and email infected with viruses. Customer acknowledges that the technological limitations of the filtering service will likely result in the capture of some legitimate email, and the failure to capture some unwanted email, including email infected with viruses Filtering Services Release
Customer hereby releases SFLF and its employees, agents, suppliers, and affiliates from any liability or damages arising from the failure of SFLF’s filtering services to capture unwanted email or from a failure of Customer’s email to reach its intended recipient as a result of a filtering service used by the recipient or the recipient’s email service provider.
SFLF will use commercially reasonable efforts to deliver Customer’s email messages. Third party filtering services may from time to time prevent successful delivery of Customer’s messages.
Mail that exceeds the 10GB storage limit when received may be permanently lost. An individual email message that exceeds the per-message size limit may also be permanently lost. As of May 2008, the per message size limit is 50MB.
Customer may not use the Mail Services to send Bulk Mail. Customer may not send bulk or commercial mail that has a SFLF Mail Service return address or references a SFLF Mail Service address, unless approved by SFLF in advance. Customer may not intentionally use Customer’s Mail Service for the purpose of receiving bulk mail from others. For example, Customer may not submit any Mail Service email address to a “Safelist” or “Free for All” list.
Customer may not send email to anyone with whom Customer does not have a pre-existing relationship, unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive the email.
Customer may not use the Mail Services in a way that creates technical disturbances for other SFLF mail customers or for the SFLF systems generally.
Each mailbox may be used by one natural person at a time. Attempts to log into a single mailbox simultaneously from more than one computer are prohibited. Customer may not use automated tools such as “Fetchmail” or “Microsoft Exchange Connector” to virtualize one mailbox into multiple mailboxes;
Recurring fees will be billed in advance of providing Services and Customer agrees that SFLF shall be permitted to charge Customer’s credit card, on either a monthly or annual basis, depending on which Service Plan Customer has chosen. Non-recurring fees and fee changes due to changes in the services (e.g. change in Service Plan or an increase in the number of Managed Websites or Managed Email Accounts) will be effective either: (i) as of the date of the change to the service, with a prorated amount due for any partial Service Plan period, or (ii) as of the beginning of the next Service Plan period, at SFLF’s option.
Customer is aware and agree that SFLF may unilaterally change the specified rates and charges from time to time.
SFLF is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by SFLF. Currency exchange settlements will be based on agreements between Customer and the provider of Customer’s credit card. Pro-rated refunds are issued at Customer’s written request if Customer cancels Customer’s subscription before Customer’s Service Plan Period ends.
Customer may not use any SFLF Service to post or transmit content that: violates United States or state regulation or law, or the common law; is pornographic, racist, defamatory, libelous, false, inaccurate or misleading; or that that infringes on any other person's intellectual property.
SFLF may at its sole discretion save backups of customer's email accounts, but that is not a guarantee that such backups will be available in the event a customer 's email accounts are damaged or lost.
SFLF’s Service Vendor(s) may perform data backups (“Backups”) of SFLF Customer email accounts on a "snap shot" basis, at specific moments. Therefore such Backups may not include a backup of every item that is sent, received or stored. The Backups will only capture those items that are present during the time of the backup. Data on backups may be retrieved only for a limited number of days, in accordance with the terms and conditions specified by the Service Vendor performing the backup service.
No data transmission over the Internet can be guaranteed 100% secure. SFLF and its Service Vendors are not responsible for any interception or interruption of any communications through the Internet. Customer is responsible for maintaining the security of access codes, authorization codes, and passwords used to access SFLF Services.
SFLF will take all reasonable measures to maintain the privacy of Customer’s Confidential Information, including but not limited to any content posted to the SFLF Application or sent by electronic mail from a Managed Email Account; SFLF agrees not to disclose the Customer’s Confidential Information to any third person except as follows:
If SFLF discloses any of Customer’s Confidential Information in response to a subpoena or other compulsory legal process, SFLF will give Customer written notice at least seven (7) days prior to disclosing Confidential Information (or prompt notice in advance of disclosure, if seven (7) days advance notice is not reasonably feasible), unless the law forbids such notice.
SFLF may collect and store information related to Customer’s use of the Services. Customer agrees that SFLF may use this information for SFLF’s general business purposes and may disclose the information to third parties in aggregate statistical form, provided that SFLF does not include any information that could be used to identify Customer.
SFLF retains all copyright to Provided Content and Customer is granted a limited, non-exclusive license to incorporate Provided Content into Customer’s Managed Websites only. Incorporating Provided Content into any other work or reproducing them in any form other than for personal use by Customer or Customer's clients is strictly prohibited.
Customer’s use of the Provided Content over any period of time gives Customer no rights other than those rights granted by this license. SFLF reserves the right to add, delete or modify Provided Content, as it deems appropriate. This license to Provided Content is valid only so long as Customer remains a Customer of SFLF.
Customer retains all rights to any content that Customer uploads to or creates themself through the use of the Services.
If SFLF, or any of its Service Vendors, or any of its Customers is faced with a credible claim that specific Service(s) infringe on the intellectual property rights of a third party, and neither SFLF nor it’s Service Vendors is reasonably able to obtain the right to use the infringing element nor reasonably able to modify the Services such that they do not infringe, then SFLF may terminate the specific Services upon providing prior written notice to affected Customer(s) of at least ninety (90) days. Customer agrees that SFLF will not have any liability on account of such Service termination(s) except to refund amounts paid for Services not used as of the time of termination of Service.
IN NO EVENT SHALL SFLF, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO (i) YOUR INABILITY TO USE THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (ii) YOUR MISUSE OF THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (iii) NONPERFORMANCE OR A FAILURE OF THE SERVICES CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF SFLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SFLF ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNTS (1) WILL BE UNINTERRUPTED OR ERROR FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET YOUR SATISFACTION. CUSTOMER ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS CUSTOMER BELIEVE NECESSARY OR ADVISABLE TO PROTECT CUSTOMER AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, MATERIALS, CONTENT, SERVICES, AND ACCOUNT.
IN NO EVENT SHALL SFLF, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, SFLF SHOULD HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, CUSTOMER AND SFLF AGREE THAT IN NO EVENT SHALL LIABILITY OF SFLF TO CUSTOMER FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY.
CUSTOMER AND SFLF AGREE THAT THIS SECTION OF THE AGREEMENT, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN CUSTOMER AND SFLF. CUSTOMER ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, SFLF WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT, SERVICES, OR ACCOUNTS TO CUSTOMER.
THE MATERIALS, CONTENT, SERVICES, AND ACCOUNTS ARE PROVIDED “AS IS”. SFLF MAKES NO WARRANTIES REGARDING THE MATERIALS, CONTENT, SERVICES, AND ACCOUNTS WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. SFLF DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND CUSTOMER SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO CUSTOMER INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. IF CUSTOMER RELIES ON THE REPRESENTATIONS OR WARRANTIES OF ANY THIRD PARTIES WITH RESPECT TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, BY DEALERS OR RESELLERS OF THE SERVICES) BEYOND THOSE MADE BY SFLF, CUSTOMER’S SOLE REMEDY FOR SUCH RELIANCE IS AGAINST THE THIRD PARTY MAKING SUCH REPRESENTATION OR WARRANTY.
CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SFLF, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES, (B) ANY OTHER PERSON’S USE OF ANY ACCOUNT CUSTOMER MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY CUSTOMER, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. CUSTOMER HEREBY AGREES TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, CUSTOMER SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE GROSSLY NEGLIGENT ACTS OF SFLF OR ITS EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
SFLF personnel may from time to time recommend third party software or other products and services for Customer’s consideration. SFLF MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING PRODUCTS AND SERVICES THAT ARE NOT PURCHASED FROM SFLF. Customer’s use of any such products and services is governed by the terms of Customer’s agreement with the provider of those products and services.
Customer may assign any third-party users Customer choose to use the Services on Customer’s behalf if Customer wish, however Customer is responsible for the acts or omissions of Customer’s permitted users.
SFLF may suspend Services without liability if:
Upon the natural expiration of the term of a duly executed service agreement (“Service Agreement”) between SFLF and Customer, either party may elect to terminate the SFLF-Customer relationship, and may elect not to extend or renew the Service Agreement for an additional term.
Upon such voluntary termination of the SFLF-Customer relationship, and effective as of the date when the natural expiration of the term of the Service Agreement has occurred:
Customer may terminate the Agreement for breach if:
SFLF may terminate the Agreement for breach if:
SFLF’s failure to act with respect to a breach by Customer or others does not waive SFLF’s right to act with respect to subsequent or similar breaches. SFLF does not guarantee SFLF will take action against all breaches of this Agreement.
Either party may also terminate the Agreement if the other party becomes insolvent or is unable to pay its debts or enters into or files (or has filed or commenced against it) a petition, arrangement, application, action or other proceeding seeking relief or protection under the bankruptcy laws of the United States or any similar laws of the United States or any state of the United States.
SFLF may assign all or part of SFLF’s rights or duties under this Agreement in connection with a sale of all or substantially all the assets of SFLF to a third party without notice to Customer; provided any such third party shall be obliged to honor the terms of this Agreement.
Customer agrees that SFLF may publicly disclose that SFLF are providing Services to Customer and may use Customer’s name and logo to identify Customer as SFLF’s customer in promotional materials, including press releases. SFLF will not use Customer’s name or logo in a manner that suggests an endorsement or affiliation.
Customer agrees that SFLF may include an inconspicuous copyright notice on Customer’s Managed Websites with a hyperlink pointing to SFLF's own website(s).
Neither party will be in violation of the Agreement if the failure to perform the obligation is due to an event beyond SFLF’s control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Headings are for reference purposes only and do not limit the scope or extent of such section.
SFLF may unilaterally amend this Agreement at any time by posting the amended terms at the URL below. It is Customer’s responsibility to periodically check SFLF’s Terms of Service for any updates, changes, amendments, and/or modifications.
Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted.
This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
The following Sections shall survive any termination of this Agreement: 6, 9, 10, 11, 12, 13, 14, 15, 16, 26, 27, 28, 29, 30, 31
This Agreement shall be governed by and interpreted under the laws of the State of California.
The parties agree that any suit, action, or proceeding arising out of or relating to this Agreement shall be instituted only in a California state or federal court sitting in San Francisco, California, United States of America. Each party hereby agrees to waive any objection it may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submits to the jurisdiction of any such court in any such suit, action or proceeding.
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
If a dispute arises under this Agreement, the parties agree to first attempt to mediate the dispute in accordance with Section 28.2 before taking any legal action or filing any claims in State or Federal Court. Any legal action(s) initiated by one party against the other over any dispute arising under this Agreement shall constitute a material breach of this Agreement if such legal action(s) are initiated before compliance with all mediation requirements as set forth in Section 28.2.
The parties agree that the mediation of any dispute arising under this Agreement shall include at least the following procedures:
The Parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this contract, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association, under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction.
Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action, unless both Customer and SFLF specifically agree to do so in writing following initiation of the arbitration.
Customer should use the support facilities provided in the SFLF Application for routine communications to SFLF regarding use of the Services. Any other notices Customer wish to send us should be addressed by electronic mail or first class United States mail to
Sites for law Firms, LLC
3868 Howe St. #1
Oakland, CA 94611
Phone or FAX: (800) 475-1726
SFLF's routine communications regarding the Services and legal notices will be communicated via the support facilities provided in the SFLF Application or sent to the individual(s) Customer designates as Customer’s contact(s) on Customer’s account either by electronic mail, United States mail, or overnight courier. Notices are deemed received as of the time posted or delivered, or if that time does not fall within a Business Day, as of the beginning of the first Business Day following the time posted or delivered. For purposes of counting days for notice periods, the Business Day on which the notice is deemed received counts as the first day. Notices must be given in the English language.