� LAWISE TERMS AND CONDITIONS(Last updated August 25, 2019)
FOR SOFTWARE DEVELOPMENT
LAWISE is a consulting firm, the Customer, agrees
as follows. IT projects are quoted based on hours consulting provided or noted
as scope of work. Our normal rate for consulting and IT development ranges from $100 to $1,500/
hour for offsite work and $250 to $1,500/hour for onsite work. We do have many levels of
technicians that may be needed for a project that range from $75/hour to
$1,500/hour. If an advanced-level technician is needed, Customer will be
informed in advance, and Customer will agree in advance before project starts
or new changes or updates are needed.
Customer agrees to pay LAWISE for any equipment
purchased & installed and agrees to pay LAWISE for any time servicing
and/or consulting. It is understood and agreed that payments for consulting and/or auditing hours labor are not refundable nor can be cancelled due to the fact that
the hours were rendered. All down payments are non-refundable. Long-term
projects may require monthly payments. Long-term projects may have a specific
deposit required each month. Significant changes or new proposals will be
billed accordingly. This contract must be paid in full to transfer product or
service. Programming code is owned by LAWISE.com and is intended to be used by
Customer. Code can be purchased if Customer wishes and must be noted in contract.
Software or project created and designed by LAWISE is a software as a service
business model, where agreement must be paid in full to be utilized by Customer
unless otherwise noted in contract, or unless monthly installments are arranged
and agreed to in advance. Monthly payments can be arranged or negotiated
between Customer and LAWISE as an option to use any software developed or
updated. If monthly payments are missed, 53 days past due will evolve in an
automatic immediate disconnection of the software that Customer is using until
agreement is paid in full or until arrangements for payments are made with
LAWISE. Customer will be notified of potential disconnection in advance to make
sure that proper steps are taken.
For non-payment of hosting services,
disconnection occurs 10 days past due unless Customer arranges or notifies
LAWISE of delay in payment and this delay is approved by LAWISE.
A $35.00 return check fee will be charged for all returned, stopped, or
canceled checks. Customer agrees that no check shall be cancelled without prior
written authorization. If Customer payment is made by credit card, Customer
agrees to pay the total amount according to the card issuer agreement. If
Customer bank does not honor Customer check or credit card, LAWISE will use a third party collection agency to collect the payment, and
Customer will be charged an applicable collection fee. LAWISE also uses a third party payment processing service to verify and process
your checks or payments electronically. LAWISE does process checks
electronically, and Customer agrees to this when signing Customer contract. The
representative for LAWISE is not liable for any future problems that Customer
may incur by using Customer's computer. No warranty for on-site repairs due to no
option of 24/48 hours for lab progressive testing. Any future problems and work
will be billed accordingly. By signing the contract, Customer has the option to
purchase extended warranty on equipment that was serviced.
All computer &/or part sales are FINAL,
exchange only for the same or a more advanced product within 15 days of
original purchase. We cannot exchange any product after 15 days of purchase.
LAWISE.COM will hold products until fully paid for. If Customer doesn�t pay or
visa/check doesn�t clear within 30 days, a $35 and 1.5% late penalty fee on
every 30 days will apply, products/parts/equipment will be sold to pay
services, or bill will be turned over to a collection agency. Any equipment not
claimed within 3 days after notification of completion will be charged a $1.50
per day storage fee, after 3 days of storage unless arranged different in
writing with management, equipment will be recycled or sold to pay for
Customer is responsible for any fees LAWISE incurs by collecting any debt through
collection agencies, court costs or any other manner LAWISE deems appropriate
for collecting any debt. Returned checks require a fee of $35.
Our data backup services may be able to recover data files that have been
created by you. We cannot be responsible for data loss / files that may be
corrupted and or destroyed by viruses / spywares / hardware failure and or
computer/equipment malfunction. We cannot back up the software programs that
have been installed in your computer. For example, if you had Microsoft Office,
Quicken, or Microsoft works installed in your computer, you will need the
original disks to load these programs back into your computer. Unless noted is
an optional service backing up systems.
If you contracted services with the data recovery lab, we do offer consultation
to look further into your data, if you need further assistance once data has
been discovered. LAWISE charges for the time spent in data recovery. If more
time is needed, Customer has the option to hire LAWISE for more work and or
consulting. All time hours of labor perform and time
spent consulting will be charged accordingly at normal service rates. Sometimes
more work may be needed to recover files. If Customer does not find the files
that Customer was looking for, a consultant can be hired to assist in finding
any files. 2nd or 3rd level data recovery is also available. Please consult
with LAWISE about current rates on these services.
Pickup and Delivery
If you contact services for PC�s or servers that are brought to our facility,
we require that you either pick them up or have them delivered to you within
one(1) to three(3) days of repair completion or diagnostics. Once the
diagnostics/service is completed we will notify you by phone. If you do not
arrange for delivery or pickup of your PC, we will charge you a $5.00 per day
storage fee. After a period of one (1) month we will not be responsible for
your personal computer. In case of no payment, we do have the right to sell
your PC to cover the repair charges. We do charge a delivery fee for the
delivery of your computer to your home or office. Minimum diagnostics and
estimate time is three (3) to eight (8) business days.
Extended Warranty Terms
Limited warranty with repairs and or sales includes 15 days for hardware
only---. Repair time for all PC�s and servers can vary due to availability of
parts. Software and Operating Systems are not covered under hardware warranty,
but you can still purchase this option with our complete PC/Server Care Plan. This
PC care plan can be transferred to another PC as long as
we have been notified 30 days in advance via fax and in writing. We have the
right to cancel the warranty plan at our option and you will not be refunded
for the remaining time. Our warrant does not cover on-site repairs. Once this
warranty has been signed and issued, it cannot be canceled or refunded. Service
begins 30 days after the date of warranty purchase. Please ask about purchasing
PC care plan warranty to your representative.
Governing Law and Equitable Relief.
This Agreement shall be governed and construed in accordance with the laws of
the United States. All actions and legal proceedings, which relate in any way
to this Agreement shall be solely and exclusively brought, heard, conducted, prosecuted,
tried, and determined within the City of Sacramento, Sacramento County,
California. It is the express intention of the Customer and Recipient that the
exclusive venue of all legal actions and procedures of any nature whatsoever
which relate in any way to this Agreement shall be either at the District Court
Department or the Trial Court of Sacramento, California. The parties agree to
waive their right to a trial by jury. The Customer consents to said courts
having personal jurisdiction over the Customer in any action based on this
Agreement. Recipient agrees that in the event of any breach or threatened
breach by Recipient, Customer may obtain, in addition to any other legal
remedies which may be available, such equitable relief as may be necessary to
protect Customer against any such breach or threatened breach.
Final Agreement and Conflict with Future
This Agreement terminates and supersedes all prior understandings or agreements
on the subject matter hereof.
If any term of clause of this Agreement conflicts with any term or clause of
any other writing signed by the parties, and the other writing does not
explicitly reference and explicitly supersede this Agreement, then the terms of
this Agreement shall govern and control the actions and liabilities of the
This Agreement may be modified in the future and publicly stated online.
We collect information from you when you register on our site, subscribe to our
newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to
enter your: name, e-mail address, mailing address, phone number or credit card
information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following
� To personalize your experience (your information helps us to better respond
to your individual needs)
� To improve our website (we continually strive to improve our website offerings
based on the information and feedback we receive from you.)
� To improve Customer service (your information helps us to more effectively
respond to your Customer service requests and support needs.)
� To process transactions
Your information, whether public or private, will not be sold, exchanged,
transferred, or given to any other company for any reason whatsoever, without
your consent, other than for the express purpose of delivering the purchased
product or service requested.
� To administer a contest, promotion, survey or other site feature
� To send periodic emails
The email address you provide may be used to send you information, respond to
inquiries, and/or other requests or questions.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your
personal information when you enter, submit, or access your personal
Yes (Cookies are small files that a site or its service provider transfers to
your computer�s hard drive through your Web browser, if you allow, that enables
the sites or service providers systems to recognize your browser and capture
and remember certain information.
track of advertisements and compile aggregate data about site traffic and site
interaction so that we can offer better site experiences and tools in the
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally
identifiable information. This does not include trusted third parties who
assist us in operating our website, conducting our business, or servicing you,
so long as those parties agree to keep this information confidential. We may also
release your information when we believe release is appropriate to comply with
the law, enforce our site policies, or protect ours or others� rights,
property, or safety. However, non-personally identifiable visitor information
may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products
or services on our website. These third party sites
have separate and independent privacy policies. We therefore have no
responsibility or liability for the content and activities of these linked
sites. Nonetheless, we seek to protect the integrity of our site and welcome
any feedback about these sites.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect
any information from anyone under 13 years of age. Our website, products and
services are all directed to people who are at least 13 years old or older.
website and not to information collected offline.
FOR AD NETWORK
Introduction.This Agreement between you and The Network
("LAWISE") consists of the LAWISE Standard Terms and Conditions
("Terms and Conditions"), the LAWISE Program (the
"Program") Guidelines, which may be revised periodically, and the
terms of any advertising campaign you submit or modify. "You" or
"Advertiser" means the entity identified in this enrollment form,
and/or any agency acting on its behalf, which shall also be bound by the terms
of this Agreement. Please read very carefully these Terms and Conditions and
Partner Sites. You agree that
your ads may be placed on (i) any site owned or
operated by The LAWISE (a "LAWISE Web Site") and (ii) on any site
owned by a third party (a "Partner") with which LAWISE has an
agreement to place LAWISE ads ("Partner Site"). Unless otherwise
agreed to in writing by LAWISE, any ads may be modified without your consent to
comply with any policy of LAWISE or any Partner Site. LAWISE reserves the right
to, and in its sole discretion may, at any time review, reject, modify, or
remove any ad. The Partners may also have certain rights allowing them to
reject, modify or withdraw ads placed under this Agreement. No liability of
LAWISE and/or any Partner shall result from any such decision.
Solely With LAWISE. Even if your ad(s)
are placed on Partner Site(s), you agree to direct to LAWISE, and not to any
Partner, any communication regarding your ad(s) on any Partner Site.
of Advertisement. Any character title,
keyword, site description or URL (collectively, the "Listing") and
Bid Amount submitted to the LAWISE Network is subject to the prior approval of
LAWISE. LAWISE will not allow any Listings which are inappropriate, offensive
or irrelevant. Once you submit your Listing, LAWISE will review your submission
for editorial integrity, relevance, appropriateness and accurate mapping to the
LAWISE network of Sites. You will be notified of rejections. LAWISE reserves
the unrestricted right to reject or cancel any Listing for any reason at any
time. When you bid for placement on the LAWISE network of sites, your approved
Listing may also be posted on sites with which we have partnered (at a minimum,
the Listing's title will be displayed). As a result, Listings may appear
anywhere on the World Wide Web, including on our sites and our partner sites, Listing positioning and placement is determined by LAWISE in
its sole discretion and is subject to change in LAWISE' sole discretion. LAWISE
reserves the right to edit any titles and/or descriptions and to suspend and/or
remove any Listing at any time for any reason.
Guidelines. The LAWISE
Guidelines contain many important policies and procedures. LAWISE may modify
the LAWISE Guidelines at any time upon notice published on the LAWISE Web Site.
Responsibilities. You are
responsible for knowing the contents of the LAWISE Guidelinest.
You are solely responsible for the selection of all "Targets" (any
category, and other targeting mechanism), and for the content of your ads,
including URL links. LAWISE is not responsible for anything regarding your Web
site(s) including, but not limited to, maintenance of your Web site(s), order
entry, customer service, payment processing, shipping, cancellations or
Uses. LAWISE strictly prohibits
using the LAWISE Web Site or any Partner Site(s) (i)
to generate fraudulent impressions of or fraudulent clicks on Advertiser's
ad(s) or third-party ad(s), including but not limited to using robots or other
automated query tools and/or computer generated search requests, and/or the
fraudulent use of other search engine optimization services and/or software;
(ii) to advertise substances, services, products or materials that are illegal
in any state or country where the ad is displayed; (iii) in any way that
violates any policy posted on the LAWISE Web Site, as revised from time to
time; or (iv) to engage in any other illegal or fraudulent business practice
under the laws of any state or country where the ad is displayed. You may not
include links to any Web site(s) as part of your ad, unless the content found
at such site(s) is relevant to your Target(s). You may not run multiple ads
linking to the same or similar site on the same search results page; or (v) to
advertise the direct sale of animals. You may advertise listing or portal
services of animals for sale or adoption. Violation of these policies may
result in removal of your ad or immediate termination of this Agreement, and may subject you to state and federal
penalties and other legal consequences.
Cancellation. LAWISE may at any
time, in its sole discretion, terminate the Program, terminate this Agreement,
or cancel any ad(s) or your use of any Target. LAWISE will notify you via email
of any such termination or cancellation, which shall be effective immediately.
You may cancel any ad and/or terminate this Agreement with or without cause at
any time. Cancelled ads will be discontinued within 24 hours of notice received
via your account on the Program homepage. Termination of your account shall be
effective when LAWISE receives notice via your account on the Program homepage.
Upon termination for any reason, (i) you shall remain
liable for any amount due for ads already delivered or for clicks on any ad(s),
and (ii) Sections 2 and 4 through 15 shall survive termination. Existing
credits on your account will be available for use only towards LAWISE. Should
your account be terminated with a credit balance, your credit will not be
refunded. All deposits are non-refundable.
Confidentiality. Each party agrees not to disclose
Confidential Information of the other party without prior written consent
except as provided herein. "Confidential Information" includes (i) ads, prior to publication, (ii) submissions or
modifications relating to any advertising campaign, (iii) clickthrough rates or
other statistics (except in an aggregated form that includes no identifiable
information about you), and (iv) any other information designated in writing as
"Confidential." It does not include information that has become
publicly known through no breach by a party, or has been (i)
independently developed without access to the other party's Confidential
Information; (ii) rightfully received from a third party; or (iii) required to
be disclosed by law or by a governmental authority.
Guarantee. LAWISE makes no
guarantee regarding the levels of impressions or clicks for any ad on its site
or those of its Partners. LAWISE may offer the same Target to more than one
advertiser. You may not receive any impressions for your ad(s) if for a given
Target there are more advertisers than available display positions.
Warranty. LAWISE MAKES NO
WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO
ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR
CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR
of Liability; Force Majeure. In no event shall LAWISE or any Partner be liable for any
act or omission, or any event directly or indirectly resulting from any act or
omission of Advertiser, Partner, or any third parties (if any). EXCEPT FOR THE
PARTIES' INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS
AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR
OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) LAWISE'
AGGREGATE LIABILITY TO ADVERTISER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED
TO THE AMOUNT PAID TO LAWISE BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM.
Each party acknowledges that the other party has entered into this Agreement
relying on the limitations of liability stated herein and that those
limitations are an essential basis of the bargain between the parties. Without
limiting the foregoing and except for payment obligations, neither party shall
have any liability for any failure or delay resulting from any condition beyond
the reasonable control of such party, including but not limited to governmental
action or acts of terrorism, earthquake or other acts of God, labor conditions,
and power failures.
Payment. You agree to pay LAWISE an upfront,
non-refundable set up fee in the amount set forth on the registration form. You
also agree to pay LAWISE based on the number of click-throughs to the specified
Web site generated via the LAWISE Service. Such amount shall be determined by
the number of clicks,coversions
and impressions. You hereby authorize LAWISE to charge your credit card for
your pre-determined amount as pursuant to the terms set forth in connection
with the LAWISE Service and you agree to pay all such charges. LAWISE will not
rebill or perform scheduled charges to your account. Your advertising with
LAWISE is contingent on a avaialble
credit in your LAWISE account. LAWISE will suspend your currently active
campaigns in the LAWISE Service if your account balance falls to $0. If your
account is reduced to $0 for 90 days or more, LAWISE may terminate your
participation in the LAWISE Service. If you dispute any charge made under the
Program, you must notify LAWISE in writing within sixty (60) days of any such
charge; failure to so notify LAWISE shall result in the waiver by you of any
claim relating to any such disputed charge. Charges shall be calculated solely
based on records maintained by LAWISE. No other measurements or statistics of
any kind shall be accepted by LAWISE or have any effect under this Agreement.
All deposits to your LAWISE account are non-refundable. Software development has to
be paid in full before transferring service or giving access codes to client
and/or third parties.
and Warranties. You represent and
warrant that (a) all of the information provided by you to LAWISE to enroll in
the Program is correct and current; (b) you hold all rights to permit LAWISE
and any Partner(s) to use, reproduce, display, transmit and distribute
("Use") your ad(s); and (c) LAWISE and any Partner(s) Use, your
Target(s), and any site(s) linked to, and products or services to which users
are directed, will not, in any state or country where the ad is displayed (i) violate any criminal laws or third party rights giving
rise to civil liability, including but not limited to trademark rights or
rights relating to the performance of music; or (ii) encourage conduct that
would violate any criminal or civil law. You further represent and warrant that
any Web site linked to your ad(s) (i) complies with
all laws and regulations in any state or country where the ad is displayed;
(ii) does not breach and has not breached any duty toward or rights of any
person or entity including, without limitation, rights of publicity or privacy,
or rights or duties under consumer protection, product liability, tort, or
contract theories; and (iii) is not false, misleading, defamatory, libelous,
slanderous or threatening.
Obligation to Indemnify. You
agree to indemnify, defend and hold LAWISE, its agents, affiliates,
subsidiaries, directors, officers, employees, and applicable third parties
(e.g., all relevant Partner(s), licensors, licensees, consultants and
contractors) ("Indemnified Person(s)") harmless from and against any
and all third party claims, liability, loss, and expense (including damage
awards, settlement amounts, and reasonable legal fees), brought against any
Indemnified Person(s), arising out of, related to or which may arise from your
use of the Program, your Web site, and/or your breach of any term of this
Agreement. Customer understands and agrees that each Partner, as defined
herein, has the right to assert and enforce its rights under this Section
directly on its own behalf as a third party
Rights. LAWISE may retain
and use for its own purposes all information you provide, including but not
limited to Targets, URLs, the content of ads, and contact and billing
information. LAWISE may share aggregate (i.e., not personally identifiable)
information about you with advertisers, business partners, including
syndication Partners, sponsors, and other third parties. The display of your ad
on Partner Site(s) will provide access to Partner(s) to the content of your
ads, including the URL(s), and any contact or other information that can be
obtained through such URL(s), as well as data regarding queries or clicks on
directory categories that may enable such Partner(s) to determine your Targets.
Miscellaneous. Any decision made by LAWISE under this
Agreement shall be final. LAWISE shall have no liability for any such decision.
You will be responsible for all reasonable expenses (including attorneys' fees)
incurred by LAWISE in collecting unpaid amounts under this Agreement. This
Agreement shall be governed by the laws of California, except for its conflicts
of laws principles. Any dispute or claim arising out of or in connection with
this Agreement shall be adjudicated in California. This constitutes the entire
agreement between the parties with respect to the subject matter hereof. Any
modifications to this Agreement must be made in a writing executed by both
parties. The waiver of any breach or default of this Agreement will not
constitute a waiver of any subsequent breach or default. If any provision
herein is held unenforceable, then such provision will be modified to reflect
the parties' intention, and the remaining provisions of this Agreement will
remain in full force and effect. Advertiser may not resell, assign, or transfer
any of its rights hereunder. Any such attempt may result in termination of this
Agreement, without liability to LAWISE. The relationship(s) between LAWISE and
the "Partners" is not one of a legal partnership relationship,
but is one of independent contractors. This Agreement shall be construed
as if both parties jointly wrote it.
Code: LAWISE Referral Partner ad codes must be not be
modified from original format without consent from LAWISE. You agree to use the
ad code provided for displaying Creative not more than ONCE per page view.
Referral Partner ad codes may be placed in email messages. LAWISE Referral
Partner ad codes may be used on Webpages that contain forums, discussion
boards, or chat rooms. Publisher can not
alter, copy, modify, take, sell, reuse, or divulge any LAWISE computer code,
except as is necessary to partake in the LAWISE Network, provided, however,
with the prior approval of LAWISE, a Publisher may, in certain instances,
modify the LAWISE computer code for purposes of inserting certain pre-approved
language above or below an advertisement served by LAWISE.
Policy: If budget is less than
$10,000 or more than 100,000 Impressions are delivered on CPA or CPL campaign
and the advertiser wants to cancel the campaign will be deemed not refundable,
Money or credit can be used in CPM or CPC campaigns. Software development or
consulting are not refundable as hours of consulting were already served.
Law: This agreement shall be
governed exclusively by the provisions hereof and by the laws of the State of
California, and any ordinances or regulations imposed by any local, county,
state, federal, or city authority as the same from time to time exists
Disputes:Any claim or dispute arising from or related to
this agreement shall be settled by Sacramento Superior Court Located in
California and, if necessary, legally binding arbitration in accordance with
the Rules of the state of California.
By signing up with
LAWISE.com over the phone or to start using our services you agree to this
Agreement which constitutes the entire understanding of the parties, no other
implied information can be served as contract. unless signed in writing by
�� To contact us with your
questions, concerns, or suggestions, please email us info [at] LAWISE [dot]