Effective as of May 1, 2020
While Petition.ai is primarily used by lawyers, it might also be a resource for the public. We’ve tried to make our Terms of Service as straightforward as possible.
This is a contract (“Agreement”) between you and Petition.ai LLC (“Petition.ai,” “we,” or “us”), applicable when you use sites, services, mobile applications, products, and content provided by Petition.ai, in existence now or in the future (“Petition.ai Services”, “Petition.ai”, or “Services”).
You may use the Petition.ai Services only if you can form a binding contract with Petition.ai, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Services are not available to any users previously removed by Petition.ai.
Petition.ai offers Services that are only accessible through a subscription (the “Subscription Services”).
Access to and use of the Subscription Services is subject to these Terms between Petition.ai and your law firm, company or other entity (“Subscriber”). Any Subscriber employee who has an active email address utilizing the Subscriber’s domain name is an Authorized User.
Petition.ai grants Subscribers a non-exclusive, limited, non-transferable, worldwide license to access and use the selected Petition.ai Subscription Services in accordance with the provisions herein.
Authorized Users are permitted to use the applicable Subscribed Services, solely in connection with the Subscriber’s provision of its legal services to clients or within its own practice, business or educational activities, and in a manner that is not commercially prejudicial to Petition.ai.
Subscriber shall not, and shall ensure that its personnel, including Authorized Users, do not share passwords or access or use the Subscribed Service except to the extent expressly permitted by Section I.A.2, or as otherwise expressly permitted in writing by Petition.ai.
Subscriber shall pay the subscription fees (“Fees”) in the amount(s) indicated. The Fees do not include any sales taxes or other applicable taxes that may be imposed by any taxing authority in any jurisdiction in connection with the subscription (“Taxes”), and Subscriber shall be responsible for all such Taxes. Subscriber’s payment(s) of Fees and applicable Taxes shall be due within 30 days after the date of Petition.ai’s invoice(s), or such other period as may be mutually agreed upon. Late payments may accrue interest at a monthly rate of 1% of the overdue balance.
i. Term and Renewal. Petition.ai will provide the Subscription Services commencing on the Effective Date for the Initial Term of one year, and thereafter for successive one-year renewal terms commencing on each anniversary of the Effective Date (“Renewal Terms”), unless and until the subscription is terminated with respect to any or all of the Subscribed Services as provided in Section I.B.5.ii or I.B.5.iii.
ii. Termination by Subscriber. Subscriber may terminate the subscription (a) with respect to any or all of the Subscription Services, effective at the end of the Initial Term or the current Renewal Term, by giving Petition.ai written notice of termination at least 30 days prior to the beginning of the next Renewal Term or (b) with respect to any Subscription Service affected by Petition.ai’s material breach of the Agreement, if Petition.ai does not cure such material breach within 30 days after Subscriber gives Petition.ai written notice of such material breach.
iii. Termination by Petition.ai. Petition.ai may terminate the subscription (a) with respect to any Subscription Services affected by Subscriber’s material breach of the Agreement, if Subscriber does not cure such material breach within 30 days after Petition.ai gives Subscriber written notice of such material breach, (b) immediately upon giving Subscriber written notice, in the event that Subscriber fails to pay any Fees or Taxes when due in accordance with Section I.B.4, or (c) at any time, without cause, effective upon giving Subscriber written notice of termination.
iv. Effect of Termination. In the event of termination of the Subscription Services, Subscriber’s obligations under these Terms shall immediately cease. If the subscription is terminated by Subscriber for cause pursuant to Section I.B.5.ii or by Petition.ai without cause pursuant to Section I.B.5.iii(c), Petition.ai shall refund, on a pro rata basis, Fees paid by Subscriber for the affected Subscription Services, for the unused subscription period following the effective date of termination.
We may offer limited pre-subscription trials to potential subscribers and individual users. When you’re using Petition.ai on a trial, you are authorized to use one or more of the Petition.ai Subscription Services for a limited period of time, all as determined by us in our sole discretion. All Authorized Users of Trial Services are subject to the same terms and use restrictions as Subscribers.
Without limitation to any other available contractual, legal or equitable remedies, we reserve the right to revoke, suspend or terminate, without notice, any user’s access to one or more (or all) of the Petition.ai Services upon any violation or suspected violation of the Terms of Services.
You agree not to access or attempt to access any Petition.ai services other than through Trial Services or Subscription Services for which you are authorized, or otherwise circumvent or attempt to circumvent any access restrictions or controls through hacking or other means. Users of Trial Services and Subscription Services shall not disclose their assigned user name or password to anyone.
For information about Petition.ai’s subscription services, email firstname.lastname@example.org.
By using Petition.ai Services you agree not to engage in any of the following prohibited activities:
All right, title, and interest in and to Petiton.ai Services (which includes all materials displayed on site including text, graphics, logos, tools, features, photographs, software, audio, and video, but excluding the text of judicial cases, statutes, regulations, and other primary legal documents) are and will remain the exclusive property of Petition.ai. Petition.ai Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Petition.ai Services or content.
Some portions of the site may be licensed pursuant to third party open source licensing. We may also open source some of our own code, available here. For the remainder of the site, you may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascipt, logos, or visual design elements (or any other aspects of the Petition.ai Services or related materials) without express written permission from Petition.ai unless otherwise permitted by law.
Any feedback, comments, or suggestions you may provide regarding Petition.ai or Petition.ai Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
We may maintain different types of accounts for different types of users. If you open a Petition.ai account on behalf of a law firm, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
Primary legal documents are matters of public record, and Petition.ai is committed to making this information more widely accessible. U.S. copyright law does not protect state or federal “legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials.” Compendium of U.S. Copyright Office Practices, § 313.6(C)(2);see also__Howell v. Miller, 91 F. 129, 137 (6th Cir. 1898). For this reason (among others), Petition.ai has no obligation to respond to or comply with takedown requests or complaints with respect to such public domain materials. That being said, and without limiting the foregoing, under certain circumstances and at our discretion, Petition.ai may respond to requests to remove cases from public search engine results. To make such a request, email your name, contact information, the URL for the legal document in question, and the reason for your request to email@example.com.
If you have reason to believe that any document filed under seal or otherwise subject to a protective order has been published in error, please notify us immediately.
All content is for general informational purposes only, and should not be taken as professional advice. In particular, Petition.ai is not a law firm and does not provide legal advice. There is no attorney-client relationship between you and Petition.ai, regardless of whether you are a Petition.ai subscriber. We do not review Petiton.ai Services for accuracy or legal sufficiency, we do not draw legal conclusions, and we do not apply the law to any particular set of facts or situation you may encounter. Petition.ai is not regulated by any state or national bar association. In using Petition.ai Services, you indicate your understanding that Petition.ai does not provide legal advice and is not engaging in the practice of law.
We may revise this Agreement from time to time. The most current version will always be posted to our website. If a revision, in our sole discretion, is material, we’ll let you know by email, and we will update the ‘last modified’ date at the bottom of this page. Other changes may be posted to our blog or Terms of Service page, so please check those pages regularly. By continuing to access or use Petition.ai Services after revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the new terms, please stop using the Services.
You can access historical versions of our Terms of Service and other policies here.
Petition.ai Services may continue to change over time as we refine and add more features. We do our best to provide you a reliable service, but we may change, terminate, or restrict access to any aspect of the Service, at any time, without notice. We may also remove any content from our Services at our discretion.
Users may be recognized publicly on Petition.ai for their activities and content shared on the site. The Petition.ai Services may contain data, information, and other content not owned by you, such as reputational or status indicators, ranking systems, and/or fictional property representing virtual achievements (“Petition.ai Property”). You understand and agree that regardless of terminology used, Petition.ai Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Petition.ai’s sole discretion. Petition.ai Property is not redeemable for any sum of money or monetary value from Petition.ai at any time. You acknowledge that you do not own the account you use to access the Services, nor do you possess any rights of access or rights to data stored by or on behalf of Petition.ai on Petition.ai servers, including without limitation any data representing or embodying any or all of your Petition.ai Property. You agree that Petition.ai has the absolute right to manage, regulate, control, modify and/or eliminate Petition.ai Property as it sees fit in its sole discretion, in any general or specific case, and that Petition.ai will have no liability to you based on its exercise of such right. All data on Petition.ai’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY, AND ACCOUNT CONTENT RESIDING ON PETITION.AI’S SERVERS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN PETITION.AI’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. PETITION.AI DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON PETITION.AI’S SERVERS.
By providing Petition.ai your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in the Account Settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Petition.ai is only for people 13 years old and over. If you’re under 13, we’re sorry, but you’re not allowed here. If we learn a child under 13 is using Petition.ai we will terminate the child’s account.
Petition.ai respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the Digital Millennium Copyright Act (“DMCA”) and are properly provided to us in accordance with the law. Such notices should be reported to firstname.lastname@example.org and undergo our DMCA process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat copyright infringers in appropriate circumstances.
YOU USE THE PETITION.AI SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
PETITION.AI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO PETITION.AI SERVICES. FOR EXAMPLE, WE DO NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ABSOLUTELY SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE PETITION.AI SERVICES WILL BE CORRECTED.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT PETITION.AI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PETITION.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE PETITION.AI SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PETITION.AI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PETITION.AI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PETITION.AI HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PETITION.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Services are controlled and operated from facilities in the United States. Petition.ai makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
Governing Law. You agree that: (i) the Services shall be deemed solely based in Illinois; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Illinois. This Agreement shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Cook County, Illinois for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Cook County, Illinois is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PETITION.AI. For any dispute with Petition.ai, you agree to first contact us at email@example.com. and attempt to resolve the dispute with us informally. In the unlikely event that Petition.ai has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Cook County, Illinois, unless you and Petition.ai agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Petition.ai from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PETITION.AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Petition.ai without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement. Petition.ai may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Petition.ai in our sole discretion. Petition.ai reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Petition.ai is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
We’d love to hear your questions, concerns, and feedback about this policy. If you have any suggestions for us, feel free to let us know at firstname.lastname@example.org.
This Agreement was last modified on May 13, 2020.
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Petition.ai LLC is not a law firm and does not provide legal advice.