LAWISE Terms and Conditions - 7/3/2014




THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN LAWISE AND/OR ITS SUBSIDIARIES (“LAWISE.com”) AND YOU FOR USE OF OUR SERVICES. “YOU” REFERS TO THE INDIVIDUAL WHO IS UTILISING THE SERVICES. THE POLICY AND MATERIALS SPECIFICALLY REFERRED TO IN THE TERMS ARE INCORPORATED INTO THE TERMS BY REFERENCE. BY PAYING FOR OUR SERVICES “YOU ACCEPT” OR “AGREE” TO THIS TERMS AND CONDITIONS, OR OTHERWISE INDICATE ASSENT FOR CONTINUING TO USE THE SERVICES, PLEASE READ THE TERMS BELOW CAREFULLY.
IF YOU DO NOT AGREE TO THE TERMS, THEN LAWISE IS UNWILLING TO PROVIDE THE SERVICES TO YOU. IN THIS CASE YOU SHOULD: NOTIFY LAWISE THAT YOU WISH TO CANCEL, OR OTHERWISE INDICATE REFUSAL; AND (2) NOT USE THE SERVICES




1.1. Service Overview
(1) Introduction.
Services may include services that are available on a one-time basis, for a fee ("One Time Service(s)"); as well as subscription services, which are an entitlement to more than one service over a period of time, for a recurring fee ("Subscription Service(s)"). In order to optimize the Services, and solely to the extent permitted by applicable law,LAWISE may, at its discretion, modify the features or descriptions of the Services from time to time; however this shall not adversely affect the quality of any specific Services which LAWISE has already expressly agreed to provide to You.


(2) Support Software Tool and Remote Access. During the Services session, LAWISE may (i) ask You to install certain support software on Your personal computer by downloading the support software from the Site (ii) ask for Your permission to use the remote assist tool through the LAWISE service representative to enable LAWISE to remotely access and take control of Your personal computer; (iii) gather system data and modify computer settings in order to diagnose or repair a problem; and/or (iv) utilize certain third party support software on Your personal computer, which may be removed upon the completion of the Services session. The support software (including any third party support software) and remote assist tool could be owned by LAWISE or applicable third party licensors and suppliers and may be collectively referred to as the “Support Software Tool” in the Terms. The Support Software Tool will be used to analyze, diagnose, resolve more difficult problems and/or may provide system optimization functions. You may use the Support Software Tool only as part of or for use with the Service. By electing to receive support, You agree to allow LAWISE to use whatever Support Software Tools are deemed necessary to repair Your personal computer, including remote access. You understand that if remote access is used on Your personal computer, there might not be no residual software from the remote session; however, there may be a report created by xml or flash. In the case of some services the technician may install (with your consent) an application that is designed to continue to provide the customer with some benefit (such as regular scans of the PC) after the end of the service. LAWISE may, but has no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to LAWISE to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You or other users and to enhance the types of Services LAWISE may provide to You in the future. You also grant LAWISE permission to combine Your information with that of previously anonymized data of others in a way that does not identify You or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes.


(3) Description of Services, Minimum Requirements.


Client agrees to pay Lawise for any equipment purchased & installed and will pay Lawise for the time servicing, consulting or traveling, unless otherwise agreed. It is understood and agreed that hours labor and/or time allocated for tech traveling consulting onsite are not refundable nor can be cancelled due to the fact that were rendered. All down payments are not 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. 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. Payment for Service and applicable taxes is billed on a pre-pay basis. You must provide a valid credit card at the time you contract lawise services which you agree for LAWISE to charge once that services are performed. LAWISE reserves the right to suspend or terminate Service until Customer provides a valid method of payment. No additional notice or consent will be required for charging Customer's credit card for all amounts (including late charges and cancellation fees). Customer requests for service over the phone, e-mail or fax constitutes a record in Customer’s file for us to perform the job and bill accordingly to our standard rates of $100/hour for off-site remote service, $160/hour for on-site services or $325/hour for Expert Witness services and/or consulting. Lawise consultants and engineers work on a per hour basis. A quote will be given with an allocated amount of hours that a project may require unless otherwise agreed. If the project takes longer than the specified understood/ allocated hours, it will fall under Contract / Site Deviations. Exceeding the allocated/understood hours will incur billable hours at our predetermined hourly rate. Customer must notify us of any change in address for invoicing or any other changes related to the credit card used for payment. Your payment obligations survive any termination of this Agreement. Suspension or termination of your Service leaves you liable for all accrued charges and fees associated with the collection of such payment. You must notify LAWISE in writing via postal mail within 7 days after receiving your credit card statement if you dispute any LAWISE charges on that statement. You are responsible for paying all charges accrued on your account, even if you did not use, or authorize the use of, the Service, lawise will normally require over the phone or work orders to be sent by email for us to perform the services and once that the service is performed we normally charge your credit card on file within the same day or days later depending in billing workload. You are responsible for maintaining a positive balance on your account. In the event that your account falls into a negative balance, you hereby authorize LAWISE to charge the credit card on file a $35 negative balance fee plus the amount necessary to bring the balance to positive plus the amount LAWISE, in its sole discretion, deems necessary to cover cost incurred for a period of up to 30 days. 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 collection agency. Client is responsible for any fees Lawise incurs by collecting on any debt through collection agencies, court costs or any other manner Lawise deems appropriate. Any equipment not claimed in 3 days after notification of completion will be charged a $5.00 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 services. Returned checks require a fee of $35. A $35.00 return check fee will be charged for all returned, stopped, or canceled checks. You agree that no check shall be cancelled without prior written authorization. If your payment was made by credit card, you agree to pay the total amount according to the card issuer agreement. If your bank does not honor your check or credit card and/or your balance is negative with lawise, we will use a third party collection agency to collect the payment by the checking account provided to lawise or credit card on file plus you will be charged an applicable collection fee of $90. For property enhancement / cabling / wiring lawise reserve the right to place lien in properties where work was performed and will collect by property liens any outstanding balance owed to LAWISE . We also use a third party payment processing service to verify and process your checks or payments electronically. We do process your checks electronically. The representative for Lawise is not liable for any future problems that client may incur by using client'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. Customers have the option to purchase extended warranty on equipment that was serviced.


Pickup and Delivery
For the PCs 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.

Limited warranty with repairs and or sales includes 15 days for hardware only---. Repair time for all PCs 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 Care plan. This warranty 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. 


Data Recovery
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 that data was recovered, lawise charges for the time spent in recovery data if more time is needed you have the option to hire lawise for more work and or consulting, all time spent and consulting will be charged accordingly, normal service rates. Sometimes more work may be needed to recover files, if you do not find the files that you are looking for, you can hire a consultant to assist you in finding any files you may need and / or 2nd or 3rd level data recovery is available please consult with lawise about current rates on these services.





(i) LAWISE may provide the following Services subject to the Terms.


• One-Time Services are services that are available on a one-ti me b asi s, fo r a fee ( “O ne -T i me Ser vice( s)”) . These include any of the following Services:

o Spyware and Virus Removal Service: LAWISE’s service representative diagnoses PC to determine if it is infected by spyware or virus, and removes the spyware or virus found in Your personal computer.
• Subscription Services are an entitlement to more than one service over a period of time, for a recurring fee
(“S ub scr ip tion Ser vice( s)”) . These i ncl ud e an y o f the following Services:
o Remote help desk: LAWISE’s service representative will help customers diagnose and address PC, network and connected peripheral and device related issues under either a single computer or multiple computer subscription plan.
• Assurance Plans entitle the customer to a service or services and have the same entitlement period as the security product with which they are purchased. These include the following Services:
o Virus Removal Assurance: LAWISE’s service representative diagnoses Your personal computer if it is infected by spyware or a virus, and removes the spyware or virus found in Your personal computer.
(ii) Some personal computers may not be able to receive the Services even if initial testing showed that Your connection was qualified or Your personal computer environment was suitable. To receive the Services, a high speed internet connection is required. The minimum system requirements to receive the Services are as follows.


Windows XP 32-bit (Service Pack 2 or later) Professional, Home Edition, or Media Center 2005
• 500 MHz CPU
• 512 MB RAM required
• 500 MB of available hard drive space
• SuperVGA (800x600) or higher resolution video adapter
• You need to log on as an administrator


Windows Vista 32-bit or 64-bit (all Service Packs) Home Basic, Home Premium, Business, or Ultimate
• 1 GHz CPU
• 512 MB RAM required (1 GB recommended)
• 500 MB (32-bit) or 850 MB (64-bit) of available hard drive space
• SuperVGA (800x600) or higher resolution video adapter
• You need to log on as an administrator


Windows 7 32-bit or 64-bit (all Service Packs) Home Basic, Home Premium, Business, or Ultimate
• 1 GHz CPU
• 512 MB RAM required (1 GB recommended)
• 500 MB (32-bit) or 850 MB (64-bit)of available hard drive space
• SuperVGA (800x600) or higher resolution video adapter
• You need to log on as an administrator


Windows 8 32-bit (all Service Packs) Home Basic, Home Premium, Business, or Ultimate
• 1 GHz CPU
• 512 MB RAM required (1 GB recommended)
• 500 MB (32-bit) or 850 MB (64-bit) of available hard drive space
• SuperVGA (800x600) or higher resolution video adapter
• You need to log on as an administrator


Mac® (For Ultimate Help Desk, Rescue Me Services and all Mac-based Services)

• Mac OS v10.5 and above


Mac® (For Spyware and Virus Removal Service, LAWISE Virus Removal Assurance and LAWISE Virus Removal Assurance (Single Use)
• Mac OS X 10.5, 10.7, 10.8 and 10.9
• At least 256 MB of RAM
• Customer must have administrator level access to the Mac
• Mac must be able to connect to the Internet


1.2. Commercially Reasonable Effort.


LAWISE will make every commercially reasonable effort to troubleshoot or fix Your personal computer problem. For One Time Services and Subscription Services, if LAWISE is unable to resolve Your personal computer problem, You will still be liable for charges for time spent by LAWISE’s service representative in an attempt to correct a problem. For Assurance Plans, although LAWISE will use every commercially reasonable effort to fix the issues, both You and LAWISE understand and agree that not all viruses can be removed through the Services, and LAWISE does not guarantee that it will remove all viruses and/or data or backups may be corrupted from Your personal computer. 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 and/or variations of 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.


(i) In the course of providing the Services, LAWISE may determine that the issue is beyond the scope of the Services. LAWISE may use commercially reasonable efforts to refer You to the appropriate alternative resource; however, LAWISE will not transfer You directly to an alternate resource. To the extent permitted by applicable law, LAWISE reserves the right to refuse, suspend or terminate any of the Services in its sole discretion.


1.3. Service Availability for One Time Services and Subscription Services.


(i) In cases where you purchase a service from a country or a region which is not a country where you are located, the Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions outside the control of LAWISE. However, we will endeavor to keep any system maintenance or service disruptions to a minimum. In order to purchase Subscription Services, Your covered computer(s) must be virus free (as determined by Us) at the time that You purchase the Subscription Services. If LAWISE determines that Your computer is infected by a virus and or variation of a virus, LAWISE may require that You purchase a Service to clean Your computer prior to obtaining Subscription Services.


(ii) LAWISE reserves the right to terminate Your Subscription Service, upon notice, if LAWISE determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) in breach of these Terms and Conditions, (d) by any person other than You, or (e) for any computer system other than a registered system. In the event that Your Subscription Service is terminated by LAWISE, LAWISE will refund to You a pro rata portion of any fees that You have prepaid for the Subscription Services. With respect to day of termination, generally use of the Subscription Service for remote help desk is six hundred (600) minutes per month and LAWISE reserves the right to refuse, suspend or terminate any of the Services in its sole discretion.




(iii) for the on-site computer monthly maintenance subscription plan please refer to your formal proposal provided by any of our Senior Software Engineers otherwise if not noted and/or agreed by default for on-site work we limit to six hundred (600) minutes per month for the multiple computer subscription plan. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. LAWISE reserves the right to refuse, suspend or terminate any of the Services in its sole discretion. 
(iv) While working with support team, the customer is supposed to provide LAWISE with timely responses and any information that might be reasonably needed (logs, malware samples, etc.) as part of the remediation, prevention and/or Incident resolution process. 




2. Your Responsibilities


2.1. Basic Responsibilities. You agree that You are a legal license holder of the software on Your personal computer and Your use of the Services and the internet is solely at Your own risk. By electing to receive the Services, You confirm that You (a) have full access to Your hardware and software that are the basis of the problem, and (b) have completed a back-up onto separate media of any software or data on the hardware that may be impacted by the Services. All information that You provide to LAWISE must be accurate, including Your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to LAWISE. You further represent that You authorize LAWISE to bill the credit card that You provide to LAWISE, for any charges to which you consent.

2.2. Liability Release. To the extent permitted by applicable law, LAWISE will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the Services or any act or omission, including negligence, by LAWISE and/or its representatives. If LAWISE works with You on any password or other access control oriented problems, LAWISE strongly recommends that You reset such passwords(s) immediately following the completion of the Services.


2.3. No Transfer. The Services are not transferable. You may not use the Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by You.


2.4. Data Backup. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LAWISE DOES NOT PROVIDE DATA BACKUP OR RESTORATION SERVICES. LAWISE ASSIST YOU IN SETTING THEM UP AND YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY "CUSTOMER DATA") AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE ORDERING THE SERVICES AND/OR DURING LAWISE SERVIVING. ALTHOUGH LAWISE MAY PROVIDE REASONABLE ASSISTANCE TO ASSIST IN ANY DATA RECOVERY EFFORTS, YOU ACKNOWLEDGE AND AGREE THAT LAWISE OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES.


LAWISE DOES NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.


2.5. Activation and Redemption. Depending on the type of Service purchased and whether you purchased it from LAWISE or an Authorized Reseller, you are required to redeem your Service(s) within a defined period of time, and prior to redemption, you may be required to activate your service(s) within a defined period of time.


3. Charge and Warranty Specific to One-Time Services and Subscription Services


3.1. One-Time Service. The Services shall be provided for on a one-time basis. The term “one-time” means that the service will address a single issue or problem for a customer on Your personal computer and include follow-up consultation upon request within seven (7) days on the same issue or problem.


The Services may not be successful because the problem may be beyond Our ability to resolve remotely. If You have purchased a One-Time Service from LAWISE, then the following warranty applies: if LAWISE is not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, LAWISE will simply charge for the time servicing. If You experience a problem with the resolution LAWISE provided and You call LAWISE within seven (7) days from the day You originally received the One-Time Service, LAWISE will use commercially reasonable efforts to try to resolve Your problem at its normal rate. If those efforts are unsuccessful, LAWISE will advice potential solutions which you may be responsible to perform or decide what to do. IF YOU PURCHASED FROM AN AUTHORIZED RESELLER, YOU MAY CONTACT LAWISE CUSTOMER SERVICES USING THE DETAILS IN SECTION 6 BELOW FOR INFORMATION ON WHETHER YOUR PURCHASED SERVICE(S) MAY QUALIFY FOR A MONEYBACK REFUND FROM LAWISE (LESS SHIPPING, HANDLING AND APPLICABLE TAXES, EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING AND TAXES ARE REFUNDABLE).


3.2. Subscription Services. For Subscription Services, the applicable fees will depend on the type of subscription that You purchase, and the duration of the subscription. Unless you have purchased a special or trial offer Subscription Service that specifically provides otherwise, a one-time set up fee applies to all Subscription Services.


3.3. Payment for One-Time Services and Subscription Services. The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes. For purchases of the Services made by You from LAWISE through the Site: (1) You agree that LAWISE

may charge to Your credit card or other valid payment mechanism requested by You and approved by LAWISE all amounts due and owing for LAWISE for the Services; (2) Unless otherwise agreed by LAWISE in writing, all payments for the Services must be made at the time of purchase or service rendered by LAWISE; (3) You agree that LAWISE may collect interest at the lesser of 1.5 % per month or the highest amount permitted by law on any amounts not paid when due. Purchases of the Services made by You from a Reseller/Vendor will be subject to terms of sale of the Reseller/Vendor.


By authorizing LAWISE to charge Your credit card for Your Subscription Service, You further authorize LAWISE to continue to charge Your credit card (or a replacement card, if the credit-issuing entity informs LAWISE that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact LAWISE if You do not wish to renew Your Subscription Service; if You do not contact LAWISE, the Subscription Service that You selected will automatically renew for the same subscription duration that You initially selected, at LAWISE's then-applicable fees.


4. Privacy; Data Protection


When You request the Services, the following information will be collected and sent from Your personal computer to LAWISE via an Internet connection:


• The information provided by You to LAWISE’s service representative over the phone or entered by You into LAWISE’s online interface when requesting the Services; and
• The type and version of operating system and Internet browser used by Your personal computer.


During Your Services session, if a Support Software Tool is installed, the following information may be collected from your computer by the Support Software Tool and sent to LAWISE via secured connection:


• The number of files scanned, threats found, and threats fixed by the Support Software Tool;


• The type of threats found;


• The number and type of threats remaining that have not been fixed by the Support Software Tool;


• Whether a firewall is active;


• Whether antivirus software is installed, running, and up to date;


• Browser information including security and temporary file settings;


• System information related to the operating system, memory and disk space, proxy configuration, and directory listings for the Support Software Tool; Installed programs and active processes information; and
• Application log file information and registry data.

All of the collected information as set out above is necessary for the purpose delivery of the Services including analyzing, diagnosing, resolving the problem You have encountered, and optimizing the functionality of LAWISE’s products and services. The information may be transferred to the LAWISE group in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union), but LAWISE has taken steps so that the collected information, if transferred, receives an adequate level of protection.


LAWISE may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, LAWISE may share certain information with research organizations and other security software vendors. LAWISE may also use statistics derived from the information to track and publish reports on security risk trends.


5. Other Important Information


5.1. Disclaimer of Warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LAWISE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LAWISE MAKES NO WARRANTIES THAT: (I) THE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS; OR (II) THE SERVICES AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED; AND (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE SERVICES. ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. LAWISE DOES NOT WARRANT THIRD PARTY PRODUCTS.


5.2. Limitation of Liability. SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL LAWISE BE LIABLE TO YOU FOR: (i) ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES,OR (ii) LOSS OF OR CORRUPTION TO DATA, LOSS OR DAMAGE TO PROPERTY, LOSS OF PROFITS, LOSS OF REVENUE, WASTED MANAGEMENT AND STAFF TIME ARISING OUT OF THE PROVISION OF SERVICES EVEN IF LAWISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL LAWISE’S LIABILITY EXCEED THE GREATER OF THE PRICE YOU PAID FOR THE SERVICES OR FIFTY DOLLARS (U.S. $50.00) OR EQUIVALENT AMOUNT IN THE APPLICABLE CURRENCY. FOR AUSTRALIAN CUSTOMERS ONLY. THE AUSTRALIAN CONSUMER LAW IMPOSES CERTAIN CONSUMER STATUTORY GUARANTEES UPON LAWISE WHICH (i) CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED, OR (ii) CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THIS AGREEMENT MUST BE READ SUBJECT TO THE AUSTRALIAN CONSUMER LAW.

5.3. Proprietary Rights. LAWISE or its licensors or suppliers retains ownership of all proprietary rights in the Services, the Site, the Support Software Tool, and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of LAWISE’s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any Support Software Tool with the Services.


5.4. Force Majeure. LAWISE shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond LAWISE's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, LAWISE may be excused from such performance to the extent it is delayed or prevented by such cause.


5.5. Export Regulation. You acknowledge that the Services, Support Software Tool and related technical data and services (collectively "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All LAWISE product is prohibited for export or re- export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.


5.6 Arbitration. This section will apply to customers who are located in the United States. You and LAWISE agree that any dispute, claim or controversy arising out of or relating in any way to the LAWISE products and services associated with the Terms shall be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to the Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that You and LAWISE are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the Terms.


If You elect to seek arbitration, You must first send to LAWISE, by certified mail, a written Notice of Your claim ("Notice of Claim"). The Notice of Claim to LAWISE should be addressed to: LAWISE, 777 Campus Commons Road Suite 200, Sacramento, CA 95825. The Notice of Claim should include both the mailing address and email address you would like LAWISE to use to contact you. If LAWISE elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to Your billing address on file. A Notice of Claim, whether sent by You or by LAWISE, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought ("Demand").


If You and LAWISE do not reach an agreement to resolve the claim within 30 days after the Notice of Claim is received, You or LAWISE may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form notice and a form to initiate arbitration at www.adr.org. If You are required to pay a filing fee, LAWISE expects You to pay for the filing fee after arbitration is commenced. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by the Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless LAWISE and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either the mailing address You provided in Your Notice of Claim or, if no address was provided in Your Notice of Claim, Your billing address on file. If Your claim is for US10,000 or less, LAWISE agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in- person hearing as established by the AAA Rules. If Your claim exceeds US10,000, the right to a hearing will be

determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of LAWISE’s last written settlement offer made before an arbitrator was selected (or if LAWISE did not make a settlement offer before an arbitrator was selected), then LAWISE will pay You, in addition to the award, either US500 or 10% of the amount awarded, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.


YOU AND LAWISE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and LAWISE agree otherwise, the arbitrator may not consolidate more than one person's claims with Your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.


6. General


The Terms will be governed by the laws of the State of California, United States of America and venue the City of Sacramento in the same State. Notwithstanding the foregoing, nothing in the Terms will derogate from any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction. The Terms are the entire agreement between You and LAWISE relating to the Services and: (i) supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. LAWISE reserve the right to update or modify this Terms and Conditions at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use our services. If you do not agree to these terms, do not use our services. LAWISE reserve the right to refuse service to anyone. The Terms shall terminate immediately upon Your breach of any term contained herein and You shall cease use of the Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination. Should You have any questions concerning the Terms, or if You desire to contact LAWISE for any reason, please write to: (i) LAWISE 777 Campus Commons Road Suite 200, Saccramento, CA 95825, U.S.A.,