Terms of Service
Effective date: September 15, 2020
Thank you for your interest in LexGo. We are glad that you are here, and we look forward to providing services to you.
These Terms of Service (“Terms”) describe and govern your rights and responsibilities when using LexGo’s websites (www.lexgo.work, www.lexgo.live), mobile and/or web-based application(s), SaaS-based software services and all related services (collectively the “Services”). These Terms will govern your access to and use of the Services whether you are a website visitor, a Customer or an Authorized User (as those terms are defined below). The term “you” (as used herein) and related terms refer to the individual and/or the legal entity who either visits a website, downloads a LexGo mobile application, or is otherwise bound by these Terms.
By clicking on the "agree" checkbox on LexGo’s website or mobile application, by downloading and using a mobile application, by purchasing a subscription, and/or by accessing, browsing, or otherwise by using our websites or mobile applications, you agree that these Terms will constitute a legal agreement between you and LexGo and that you will be bound by these Terms and any policies or guidelines referenced herein; and further, you agree to be bound by any subsequent changes or modifications we may make to these Terms.
If you do not agree to these Terms (or any changes hereto), please do not access or otherwise continue to use the Services. If you have any concerns or questions about these Terms, please contact us (our contact information is below).
These Terms require binding arbitration to resolve disputes. In addition, these Terms limit the remedies that may be available to you in the event of a dispute.
1. About LexGo
LexGo is an Illinois limited liability corporation, and our address is: 1807 South Washington Street, Suite 110 Naperville, IL 60565. Our contact information is available on our website and mobile applications, and you can also contact us via the following: firstname.lastname@example.org
2. Overview of LexGo’s Services
LexGo provides a unique online service which allows our Customers and their Authorized Users to access a flexible digital platform (including a dynamic dashboard) that allows work teams to communicate and collaborate efficiently in real time. While certain aspects of our Sites can be viewed via the internet or app stores, Site users will have to register (create an account) in order to access our proprietary applications and service features.
In general, our services are provided to registered customers (e.g. companies or individuals who register as such) on a subscription basis (“Customers”). Customers are able to invite both customer employee/agent users and third-party guest users (collectively, “Authorized Users”) to participate in specific workspaces. Within workspaces, Authorized Users can share documents (view only), voice communications and video-based communications (e.g. live video of faces and surroundings).
Customers are responsible for managing the activity of all Authorized Users that they invite to a workspace; and Customers are responsible for how the workspaces are used by Authorized Users.
As long as you (the user) are in compliance with these Terms, you (whether visitor, Customer or Authorized User) are hereby granted a limited, revocable, non-transferrable license to access and use the websites and (if applicable) restricted portions of the Services.
In order to access certain features of the Services you may be required to register for an account (“Account”). If you choose to register, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
LexGo provides two different kinds of registered Accounts: Customer Accounts and Authorized User Accounts.
If you are registering as a Customer you will be responsible for: (i) paying all applicable fees; (ii) inviting Authorized Users to participate in your workspace; (iii) retracting Authorized User’s participation in such workspace when and if applicable, and (iv) for the actions of your Authorized Users while they are active within your workspace.
If you are registering as an Authorized User (e.g. in response to an invitation from a Customer) you will remain responsible at all times for your compliance with these Terms.
For all Accounts: You represent that you are: (i) of legal age to form a binding contract; and (ii) not restricted from using the Services by law or these Terms. And if you are registering on behalf of a legal entity (e.g. a company), you represent that you are authorized to act on behalf of and can bind that entity to these Terms.
Following registration, you are and will be responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify LexGo immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or if LexGo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LexGo has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself (except of course, if you are legitimately registering on behalf of a Customer entity). LexGo reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by LexGo, or if you have been previously banned from use of the Services.
Registration and use of the Services is limited to: (1) individuals and organizations located within the United States and US territories; and (2) individuals who are at least 18 years of age. LexGo may cancel any Account that does not comply with these restrictions.
4. Mobile Applications and App Stores (Apple, Google Play)
You acknowledge and agree that the availability of LexGo’s mobile applications (and access through such mobile applications to our Services) is dependent on the third party from whom you download such mobile application, e.g., the Apple App Store or Google Play Store (each an “App Store”).
You acknowledge that these Terms are between you and LexGo, and do not involve the App Store company. LexGo, not the App Store, is solely responsible for the mobile applications and for the LexGo Services, including the content thereof, maintenance, support services, and warranty therefor, and LexGo is responsible for addressing any claims relating thereto (e.g., product liability, legal compliance and intellectual property infringement). In order to use one of LexGo’s mobile applications, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the applicable App Store in connection with the mobile application.
With respect to the Apple App Store, you further acknowledge and agree to the terms set forth in Section 20 of these Terms, below.
5. Payments and Fees, Payment Processing Services
Some elements of the Services may be offered by LexGo for a fee. The fees for such Services are posted on the website and/or the App Stores. Unless otherwise agreed in writing, fees are subject to change without notice. You agree to pay LexGo in advance the applicable fees for the Services provided by LexGo under these Terms. If you elect to pay applicable fees with a credit card, LexGo will bill your credit card for all fees and you hereby authorizes LexGo to charge your credit card or to charge any form of payment you have obtained to replace your credit card. You will provide LexGo with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, LexGo reserves the right to terminate your use of the Services and in addition to seeking any other legal remedies. LexGo is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by LexGo. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Website. LexGo’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on LexGo’s income.
In addition to the foregoing, by purchasing any Services that are sold as an ongoing subscription basis (each a “Subscription”), you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation of the automatic renewal of your Subscription and you acknowledge that your Subscription will be automatically extended for successive periods.
To cancel the automatic renewal of your Subscription at any time, you must do one of the following: update your user account at via the Websites or a mobile application, or notify us in writing at email@example.com. For all cancellation requests and all other subscription-related requests for assistance, please indicate the nature of your request in the email subject line (e.g. add “cancellation request” in the subject line). Service cancellations may take effect up to 30 days following receipt of a cancellation request.
Your renewal date will be the anniversary of your sign-up date after your initial term ends. If you cancel the automatic renewal of your Subscription, you may use your Subscription until the end of your then-current Subscription term. If you cancel the automatic renewal of your Subscription you will not be eligible for a prorated refund of any portion of the Subscription fee paid for the then-current Subscription period. If LexGo does not receive payment for a renewal prior to the date of renewal, LexGo may, in its discretion, do one or more of the following: (i) demand full payment, (ii) charge any form of payment you have obtained to replace your provided form of payment (e.g., you have obtained a replacement credit card number), and you hereby authorize LexGo to do so, and (iii) terminate or suspend your Account or Subscription.
You acknowledge and agree that the service pricing and service descriptions set forth in LexGo’s websites and mobile applications will constitute additional Terms.
7. Ownership of LexGo Services and Features
LexGo and its licensors own all rights, title, and interest in all aspects and elements of the Services (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation) which are developed or implemented by LexGo at any time. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You acknowledge and agree that you shall have no ownership or other property interest in your Account or the Services, and you further acknowledge and agree that all rights in the Services are and shall forever be owned by and inure to the benefit of LexGo. You agree not to copy or reverse engineer any portion of the Services, directly or indirectly. All rights not expressly granted by these Terms are retained and reserved by LexGo.
Any unauthorized use of the Services will terminate the license granted by LexGo to you under these Terms and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and applicable communications laws and regulations.
You agree that submission of any ideas, suggestions, documents, and/or proposals to LexGo (“Feedback”) is provided by you voluntarily and at your own risk and that LexGo has no obligations (including without limitation obligations of confidentiality) to you with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to LexGo a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
8. User Content, Use of Services
You are legally responsible for all data, content, opinions, comments or other information ("User Content") uploaded or shared through your Account, within your workspace(s) or otherwise through your use of the Services. You are responsible for any User Content that may be lost or unrecoverable through your use of the Services. LexGo does not control the User Content posted or shared via the Services and as such, does not guarantee the accuracy, integrity or quality of such content.
Recordings: By using the Services you agree that you are responsible for complying with all recording laws. LexGo does not include any features that allow or facilitate the recording of any content (voice, picture, video) on the Services.
LexGo reserves the right, in its sole discretion, without notice at any time, to: (a) review User Content posted via the Services; (b) edit, remove or refuse to post any User Content, in whole or in part, for any or no reason in LexGo’s sole discretion; (c) take any action with respect to any User Content that we deem necessary or appropriate in LexGo’s sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for LexGo; (d) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (e) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (f) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (g) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, your violation of these Terms or any other agreement between you and LexGo.
10. Your Liability
You are solely responsible for your activities and conduct on the Services, including all content which you submit (or share) or which a third party submits (or shares) on your behalf or using your Account. You agree to indemnify LexGo and its shareholders, directors, officers, employees, agents, successors and assigns (each an “Indemnified Party”) against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an Indemnified Party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under these Terms; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by any data, text, photographs, graphics, messages, comments or other materials (collectively, "User Content") that you submit or a third party submits on your behalf or using your Account. Furthermore, LexGo takes no responsibility for any damages, injuries or other consequences that occur from you using LexGo’s content (e.g., instructional videos).
11. Trademarks, Service Marks, and Publicity
"LexGo," "LexGo.work," “LexGo.Live” and LexGo's logos are common law trademarks, service marks or registered trademarks of LexGo Inc., and may not be copied, used or imitated, in whole or in part, without the prior written permission of LexGo or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without LexGo's permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of LexGo, and may not be copied, imitated, or used, in whole or in part, without LexGo's prior written permission. All other names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by LexGo.
By using the Services, you consent and agree that LexGo may disclose your company name and/or logo (if applicable) on the Services, solely as part of a general disclosure by LexGo of its customers (e.g., as part of a list of customers disclosed on a website). In all other regards, except as otherwise required by law, neither of the parties hereto shall issue any press release or make any other public statement or disclosure, in each case relating to, connected with or arising out of these Terms or the matters contained herein, without obtaining the prior approval of the other party, which approval will not be unreasonably withheld.
12. Links and Third-Party Content
13. No Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK. LEXGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, SERVICES, AND ALL CONTENT AVAILABLE THEREIN THE SITE. LEXGO DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE.
LexGo is not responsible for typographical errors or omissions relating to pricing, text or photography. We cannot and do not represent or warrant that the Website, mobile applications or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
14. Limited Liability
IN NO EVENT SHALL LEXGO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES THEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA.
LEXGO'S AGGREGATE LIABILITY FOR ANY ACTUAL AND DIRECT DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNTS YOU PAID TO LEXGO DURING THE PRIOR 12 MONTH PERIOD OR $100, WHICHEVER IS LESS.
You acknowledge that the above limitation of liability is a reasonable allocation of risk for your use of the Services and is a fundamental element of the basis of the agreement between you and LexGo. LexGo would not be able to provide the Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of LexGo’s suppliers as well.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.
15. Prohibited Conduct
Any violation of the following terms may result in the suspension or termination of your Account and access to the Services and such other action as LexGo deems appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on the Service.
- You agree not to upload, post, share or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- You agree not to upload, post, share or otherwise transmit any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Codes).
- You agree not to upload, post, share or otherwise transmit any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree not to upload, post or otherwise transmit any data that potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
- You agree not to upload, post, share or otherwise transmit any data that is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- You agree not to use an account name, file or directory name, or third level domain (i.e., aaa.LexGo.com), or other identifier that infringes or misappropriates any trademark, service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party's products or services.
- You agree not to attempt to disguise the origin of any User Content transmitted to the Service.
- You agree not to act in any manner that negatively affects other users' ability to use the Service.
- You agree not to impersonate any person or entity, including, without limitation, a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree not to interfere with the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- You agree not to post content that would be harmful to minors in any manner.
- You agree not to intentionally create and/or log in with multiple accounts.
- You are prohibited from violating the security of any system or network comprising the Service, including unauthorized access and monitoring any aspect or feature of the Service.
- You agree not to copy, decompile, reverse engineer, or create derivative works that include or are based on any aspect or element of the Services.
- You agree not to allow or facilitate any of the foregoing actions by any third party.
16. Arbitration Agreement
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) arising under or in connection with: these Terms; the use of any product or service provided by LexGo; or related to the processing of personal data by LexGo, which cannot be resolved informally or on an individual basis in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this section (this “Arbitration Agreement”). Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and LexGo, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to LexGo should be sent to: LexCo LLC, c/o Legal Counsel, 100 Tri State International, Suite 260, Lincolnshire, IL 60069. After the Notice is received, you and LexGo may attempt to resolve the claim or dispute informally. If you and LexGo do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
You agree that the business and technical information of LexGo, including without limitation, the Services and all software, source code, inventions, algorithms, know-how and ideas and the terms and conditions of these Terms, which is designated in writing as confidential or disclosed in a manner that a reasonable person would understand the confidentiality of the information disclosed, shall be the confidential property of LexGo and its licensors (“Confidential Information”). Confidential Information does not include information that: (a) is previously rightfully known to you without restriction on disclosure, (b) is or becomes known to the general public, through no act or omission on the part of you, (c) is disclosed to you by a third party without breach of any separate nondisclosure obligation, or (d) is independently developed by you (and such development can be demonstrated by clear written evidence).
Except for the specific rights granted by these Terms you agree that you will not access, use or disclose any of LexGo’s Confidential Information without its written consent, and that you shall use at least the standard of care used to protect your own Confidential Information, but not less than reasonable care to protect LexGo’s Confidential Information. You will be responsible for any breach of confidentiality by your employees and contractors and Authorized Users.
Nothing herein shall prevent you from disclosing any Confidential Information as necessary pursuant to any applicable court order, law, rule or regulation; provided that prior to any such disclosure, you shall use reasonable efforts to (a) promptly notify LexGo (to the extent legally permitted) in writing of such requirement to disclose and (b) cooperate with LexGo in protecting against or minimizing any such disclosure or obtaining a protective order.
18. General Provisions
You hereby release LexGo and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services or any interaction between you and any other user of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without LexGo’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. LexGo shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Illinois, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Please note that the Terms are subject to change by LexGo in its sole discretion at any time. When changes are made, LexGo will make a new copy of the Terms available on the websites and mobile applications, and we will also update the effective date on the Terms. If LexGo makes any material changes, and you have registered with us to create an Account, LexGo will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. LexGo may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). You are responsible for reviewing these Terms from time to time to be aware of all changes.
19. Additional Apple “App Store” Terms
In addition to the terms and conditions set forth above, you acknowledge and agree to the following:
- These Terms constitute an agreement solely between you and LexGo; Apple (Apple, Inc.) is not a party to these Terms, and LexGo is solely responsible for all aspects of the Services.
- Your use and enjoyment of the LexGo mobile application and of the LexGo Services accessed thereby are subject to the terms of Apple Inc.’s ‘Licensed Application End User License Agreement”, the terms of which can be viewed at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ (hereafter the “Apple EULA”). You acknowledge you have had the opportunity to review the Apple EULA.
- The license granted to you under these Terms to use a LexGo mobile application downloaded from the Apple App Store is limited to use on Apple-branded products that you own or control and is subject to the Apple App Store Terms of Service. However, it may be possible for mobile applications to be accessed and used by other accounts associated with your Apple account via Family Sharing or volume purchasing.
- LexGo is solely responsible for providing any and all support for the Services. Apple has no obligation to furnish any maintenance and support services with respect to the mobile application(s).
- LexGo is solely responsible for all product warranties, whether express or implied by law, to the extent not effectively disclaimed; and in the event of any failure of the mobile application(s) to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the mobile application(s) to that you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile applications, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility.
- LexGo is solely responsible for addressing any third-party claims that may arise from LexGo’s applications or the Services, including but not limited to: (i) product liability claims; (ii) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with LexGo’s applications’ use of the HealthKit and HomeKit frameworks (if applicable).
- In the event of a third-party claim that the mobile application or the Services (or the use thereof) infringes a third party’s intellectual property rights, you agree that LexGo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.