Terms of Use

Welcome to the Accurate Legal Billing (“ALB”), a website located at www.accuratelegalbilling.com (the “Site”) and operated by Accurate Legal Billing, Inc. The Site provides mobile applications (the “Application”) and services (the “Services”) collectively called the Site Services (“Site Services”). These Terms of Use (“Terms”) constitute a legal agreement between you and ALB and govern your use of the ALB online services provided for you on this Site. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Services, you agree to these terms. If you do not agree to these Terms, then you may not use the Services.
By accessing or using the Site Services, you are accepting these Terms (for yourself or on behalf of the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to agree to these Terms (for yourself or the entity that you represent).
These Terms include by reference the ALB Privacy Policy, additional Terms and Conditions that may include those from third parties, and any terms provided separately to you for the Services, including product or program terms, payment terms, etc.
You may not accept these Terms or access or use the Site or Applications to make purchases or reserve Services if you are not at least 18 years old. You may reserve Services on behalf of individuals under 18 only if you are the parent or legal guardian of such individuals. If you do not agree with all of the provisions of these Terms, do not access and/or use the Services.

  • Rights and Licenses
    • License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Site for your personal or business use. This license is subject to and conditioned on compliance with these Site Terms of Use and, to the extent applicable, the rest of the Terms of Service. We try to keep our Site safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Site.
    • Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions:
      • You will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site Services;
      • You will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site Services;
      • You will not access the Site Services in order to build a similar or competitive service; and
      • Except as expressly stated herein, no part of the Site Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site Services will be subject to these Terms. All copyright and other proprietary notices on any Site Services content must be retained on all copies thereof.
    • Termination. ALB may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable ALB policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect ALB's rights to any payments due to it. ALB may terminate a free account at any time. All rights and obligations of you and ALB under this agreement will survive the termination of this agreement.
    • Ownership of the Site Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site Services, including the Site and Applications, are owned by us or our licensors. The provision of the Site Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our suppliers reserve all rights not granted under these Terms.
  • Payment. For Services offered on a payment or subscription basis, the following terms apply, you are notified otherwise in writing. These Terms also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
    • Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
    • You must pay with one of the following:
      • A valid credit card acceptable to ALB;
      • A valid debit card acceptable to ALB;
      • Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
      • By another payment option ALB provides to you in writing.
    • If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
    • If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
    • ALB will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
    • Additional cancellation or renewal terms may be provided to you on the website for the Services.
  • User Content
    • User Content. “User Content” means any and all information and content that a User submits to or posts on the Site Services. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available as a part of our Site Services. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (and not Accurate Legal Billing), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
    • License to User Content. You hereby grant, and you represent and warrant that you have the right to grant to ALB an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Site Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
    • ALB may monitor your Content. ALB may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect ALB or its customers, or operate the Services properly. ALB, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. 
  • App Store. When you download the ALB Application, you may do so through a third-party app retailer including, but not limited to, the Apple App Store, the Google Play store, etc., (each an “App Store”). You acknowledge that this Agreement is between you and us and not the App Store. ALB, not the App Store, is solely responsible for the Services, including the Application, content, maintenance, support services, and warranty, and addressing any claims relating (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, 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 App Store in connection with the Site Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce its own terms.
    • The following applies to any Application accessed through or downloaded from the App Store (“App Store Sourced Application”): you acknowledge that the App has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store operator, and the App Store will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. You and ALB acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between ALB and the App Store, ALB, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
  • Acceptable Use Policy. The following sets forth our “Acceptable Use Policy”:
    • You agree not to use the Site Services to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
    • In addition, you agree not to use the Site Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site Services, other computer systems or networks connected to or used together with the Site Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Site Services; or (vii) introduce software or automated agents or scripts to the Site Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of, and solely to the extent necessary, for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
  • Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if we determine in our sole discretion that you violated the Acceptable Use Policy or any other provision of these Terms or otherwise created liability for us or any other person. Such acts may include, but are not limited to, removing or modifying your User Content, terminating your Account in accordance with Section 1.5 entitled “Termination” and/or reporting you to, and cooperating with, law enforcement authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Site Services, including User Content, in our possession in connection with your use of the Site Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce these Terms; (iii) respond to any claims that User Content violates the rights of third parties; or (iv) protect the rights, property or personal safety of ALB, its users, employees or the public, and all enforcement or other government officials, as ALB in its sole discretion believes to be necessary or appropriate.
  • Indemnity. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site Services, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  • Third Party Sites, Ads and Ad Networks. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites and Ads”). Such Third Party Sites and Ads are not under our control and we are not responsible for any Third Party Sites and Ads. We provide these Third Party Sites and Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites and Ads. You use all Third Party Sites and Ads at your own risk. When you link to a Third Party Site and Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites and Ads. We may also work with advertising partners that may deliver advertisements to you on or off our Site based on your activities on the Site or within the Site Services.
  • Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  • Disclaimer of Warranties. Your use of the Site, including any applets, software, and content contained therein, is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALB, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS AND DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SITE AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. ALB DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. ALB DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. ALB IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
  • Limitation of Liability. THE ENTIRE CUMULATIVE LIABILITY OF ALB AND ITS AFFILIATES FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM ALB, ITS AFFILIATES, OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALB AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ALB OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALB AND YOU. ALB WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
  • DISPUTES. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND ALB ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
  • General
    • Changes to these Terms. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Site Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
    • Entire Agreement. These Terms, the ALB User Agreement, the Data Protection Agreement, and Privacy Policy, all incorporated here by reference and collectively called the Terms of Service, constitutes the entire agreement between you and us regarding the use of the Site Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation.
    • Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other.

 

    • Assignment or Transfer. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. These Terms will be binding upon assignees.
    • Governing Law and Jurisdiction. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
    • Copyright/Trademark Information. Copyright 2018 © Accurate Legal Billing Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.