BriefCatch Terms of Use

Written by Ross Guberman on July 21, 2021

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Last updated April 3, 2021

Terms of Service

Please read these Terms of Service (“Terms”) carefully before using the https://briefcatch.com/ website or the BriefCatch branded plug-in (collectively, “BriefCatch™”) operated by BriefCatch LLC.

Your access to and use of BriefCatch™ is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use BriefCatch™. By accessing or using BriefCatch™, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you should not access BriefCatch™.

Accounts & Subscriptions

To download the BriefCatch™ tool, you must create an account and subscribe to BriefCatch™. The subscription is a limited license for a single user. You cannot share your subscription or your log-in details with anyone else. You are responsible for all activity and use of your account.

After you subscribe to BriefCatch™, we will make a standard authorization check on your payment card to ensure that there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization. Once the transaction has been completed and you have been sent a confirmation email, the monies paid as a deposit will be used as consideration for the value of the subscription as described in the confirmation email.

Subscriptions are non-refundable, but if you have a problem with the product, we will do whatever we reasonably can to resolve it. Subscriptions are managed on a yearly basis.

BriefCatch™ may increase or decrease subscription costs. You will receive 30 days’ notice of any such change.

Legal Advice

By using BriefCatch™ on any document or materials, you agree to these Terms. You also acknowledge that BriefCatch™ does NOT offer any sort of legal advice or create any sort of attorney-client relationship. As the user, you must decide on your own whether to adopt or reject the suggestions, and you agree not to attempt to hold anyone else liable for your use of BriefCatch™. You are solely liable for your content and work product, including as processed through BriefCatch™, and you must be properly licensed and qualified to prepare and use any such materials.

Account Termination

BriefCatch™ may terminate your account if you violate any of these Terms.

Prohibitions

You agree not to commit or encourage a criminal offense; not to transmit or distribute a virus, Trojan horse, worm, logic bomb, or any other material that is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; not to hack into any aspect of BriefCatch™; not to corrupt data; not to cause annoyance to other users; not to infringe on any other person’s proprietary rights; not to send any unsolicited advertising or promotional material, commonly referred to as “spam”; and not to attempt to affect the performance or functionality of any computer facilities of or accessed through this website. You understand that BriefCatch™ will report any breach or violation of these prohibitions to the relevant law enforcement authorities and may disclose your identity to them.

Intellectual Property, Software, and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remain the property of Legal Writing Pro LLC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by BriefCatch™ and its licensors. You may store, print, and display the content supplied solely for your own personal use. You shall not publish, manipulate, distribute, or otherwise reproduce in any format any of the content or copies of the content that are supplied to you or that appears on this website. Nor shall you use any such content in connection with any business or commercial enterprise. You are permitted  to use BriefCatch for its intended purpose: to edit documents—including, for example, documents that you intend to publish, file with an adjudicative body, or to use to support a business enterprise of your own, or a client. You shall not reverse engineer, decompile or make derivative works of the BriefCatch™ tool or website, nor shall you access, use, or analyze BriefCatch™ in order to build a competitive product. You shall not remove, alter, or obscure any title, logo, brand name, trademarks, copyright notices, proprietary notices, or other indications of the intellectual property rights and/or our rights and ownership of BriefCatch™. You are responsible for all content you supply and/or for which you use the BriefCatch™ tool.

Links to Other Websites

BriefCatch™ might provide links to third-party websites or services that are not owned or controlled by Legal Writing Pro LLC.

Legal Writing Pro LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Legal Writing Pro LLC is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

We urge you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Governing Law

BriefCatch™ is controlled, operated and administered by us from within the United States. We make no representation that BriefCatch™ is available for access or use at other locations outside the U.S. However, any access or use from outside the U.S. is still subject to this Agreement. These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-law provisions. Any claims by you under this Agreement must be filed in a court in Virginia, within three months after such claim or cause of action arose or be forever barred by you. Our failure to enforce any right or provision of these Terms will not waive those rights. If a court finds any provision of these Terms to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect. Aside from the End-User Agreement, which takes precedence in the case of conflict of provisions, these Terms constitute the entire agreement between us regarding BriefCatch™, and supersede any prior agreements in relation to BriefCatch™. BriefCatch™ shall notify you within 14 business days of any claim for which indemnification may be due.  BriefCatch™ shall make no admissions about, or otherwise compromise your ability to defend, any such claim, and shall take reasonable steps to mitigate damages.  You shall have sole authority to control the defense of any claim for which indemnification is sought, including, without limitation, the right to select counsel.

Warranties and Liability

Except as otherwise expressly stated herein, BriefCatch™ is supplied “as is” and without any other warranties, express or implied. Without limiting the generality of the foregoing, BriefCatch™ is not liable for any circumstances beyond our reasonable control. If you are not satisfied for any reason, your sole remedy is to cancel your subscription as set forth above. IN NO EVENT SHALL BriefCatch™ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOST PROFITS OR LOST DATA. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BriefCatch™ FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, CLAIMS, JUDGMENTS, COSTS, EXPENSES, AND LIABILITIES FROM THIRD-PARTY CLAIMS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY US AND/OR ARISING OUT OF ANY ACTUAL OR ALLEGED VIOLATION BY YOU OF THIS AGREEMENT. THIS PARAGRAPH WILL SURVIVE THIS AGREEMENT AND YOUR USE OF BriefCatch™.

 

Changes

We will modify or replace these Terms only after providing at least 30 days’ notice of any material changes.

Privacy Policy

Our privacy policy, which explains how we will use your information, can be found here. By using this website, you consent to the processing described in the privacy policy and warrant that all data you provide to us is accurate.

Contact Us

If you have any questions about these Terms, please contact us.

 

 

 

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Ross Guberman

Ross Guberman

Ross Guberman is the president of Legal Writing Pro LLC and the founder of BriefCatch LLC. From Alaska and Hawaii to Paris and Hong Kong, Ross has conducted thousands of workshops on three continents for prominent law firms, judges, agencies, corporations, and associations. His workshops are among the highest rated in the world of professional legal education.

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