Terms & Conditions
TERMS OF SERVICE AGREEMENT
Effective Date: 11/14/2022
Last Revised: 12/01/2023
The Skribe.ai website and its associated services, software, and content (collectively “the Software”) is owned and operated by Skribe, Inc. (“Skribe”), “our”, “us”, “we”), a Delaware corporation with its principal place of business in Austin, Texas. Skribe has adopted this Terms of Service Agreement (“Agreement”) to inform you (“User(s)”) of your rights and duties when using the Software. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Software and must discontinue your use immediately.
BY ATTENDING A DEPOSITION OR SIMILAR EVENT, YOU AGREE TO THE EVENT BEING RECORDED NON-STENOGRAPHICALLY BY THE SUBSCRIBER BY AUDIO AND AUDIOVISUAL.
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
SKRIBE MAY, FROM TIME TO TIME, RESERVE THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE SOFTWARE OR THIS AGREEMENT. IN THE EVENT SKRIBE MODIFIES, LIMITS, CHANGES, OR REPLACES THE SOFTWARE OR THIS AGREEMENT, YOUR USE OF THE SOFTWARE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
As used in this Agreement:
- “Account” means a Subscriber’s account with the Software.
- “Participant(s)” means any individual that accesses and uses the Software for purposes of providing Testimony.
- “Subscriber(s)” means any individual attorney or law firm that pays for access and use of the Software.
- “Testimony” means any video, audio, documentation, and other content in any other form collected by a Participant using the Software.
- “User(s)” means all individuals that visit and access the Software, including Subscribers and Participants.
- “You / Your / You’re” meaning Users.
2. About the Software
Skribe’s Software provides an easy way for attorneys and other legal professionals to capture, share, and analyze testimony and other legal audio and video files.3. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to Skribe and the Software are accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Software in any way that violates the rights of third parties, and you agree to comply with all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Software. The Software is operated in the United States and Skribe makes no representation that the Software or products are appropriate, lawful, or available for use in other locations.4. Non-Stenographic Testimony Disclaimers
Skribe strives to follow all applicable rules and statutes governing non-stenographic testimony.
4.a. Non-Stenographic Audio and/or Video Recording: By attending any deposition or similar event organized or facilitated through the Software, all parties involved agree and consent to the preparation of a non-stenographic audio recording and accompanying transcript of the proceedings. The non-stenographic audio recording and accompanying transcript may be prepared by Skribe or its designated agents. The parties attending this event waive any objection to the preparation of a non-stenographic audio recording and accompanying transcript by Skribe or its designated agents. All parties agree the involved in the non-stenographic audio and/or audiovisual recording made by the Subscriber it is an official record of the event, is intelligible, accurate and trustworthy and is a true record of the testimony given by the witness.
4.b. Role of Notary as Deposition Officer: The parties attending the deposition or event further agree that a notary public, engaged by Skribe or its Subscribers, will serve as the deposition officer for the proceedings. By participating in the deposition or event, all parties waive any objection to the notary public serving in this capacity and acknowledge the notary's authority to administer oaths and affirmations, as well as to oversee the deposition or event.
Skribe is not a law firm and makes no legal guarantee that Testimony recorded by attorneys and other legal professionals through the Software is admissible in a court of law or otherwise. Skribe disclaims all responsibility related to the admissibility and/or legality of Testimony recorded by attorneys and other legal professionals through the Software.5. Beta Software
Skribe may, from time to time, offer access to the Software that is classified as Beta version. Skribe makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version of the Software at any time without notice. Beta versions of the Software are provided AS IS, and may contain bugs, errors, or other defects. Your use of a Beta version is at your sole risk.6. Ownership of Software and License
You acknowledge and agree that Skribe is the owner of, or has rights in and to, the Software and its associated software and content, including but not limited to all intellectual property rights inherent therein. The Software is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Software for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Software, whether in whole or in part, without the prior written consent of Skribe.
Skribe hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Software for its customary and intended purposes. Violation of the terms of this Agreement or use of the Software for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Software or any portion of it will result in the termination of this license. Absent prior written permission from Skribe, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Software or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Skribe.7. Intellectual Property
All trademarks (common law or registered) and copyrights (common law or registered) displayed on the Software are the property of their respective owners. Specifically, all photographs featured on the Software are copyrighted and owned by Skribe, unless otherwise stated. All Skribe marks are the property of Skribe, including, but not limited to SKRIBE and all Skribe logos. The Software, including its look and feel, color selections, layout, and arrangement, is the trade dress of Skribe. You are prohibited from using Skribe’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Skribe.8. Use of Software and Your Responsibilities
You may only use the Software pursuant to the terms of this Agreement. You understand that the Software is subject to change and may be modified at any time without notice. The Software is provided AS IS, and may contain bugs, errors, or other defects. Your use of the Software is at your own risk. Subscribers are solely responsible for their and their Participants’ use of the Software and shall abide by, and ensure compliance with, all laws in connection with use of the Software, including, but not limited to, laws related to recording, intellectual property, privacy, and export control.
Subscribers are responsible for compliance with all recording laws. The Subscriber can choose to record Testimony using the Software. By using the Software, all Users are giving Skribe consent to store recordings for any or all Testimony that you join, if such recordings are stored in Skribe’s system by the Subscriber who recorded it.
Subscribers must register for and create an Account for the Software. Through their Account, Subscribers will be able to view, change, or delete information from their Account, as well as organize collected Testimony and other documents. Participants are not required to create an Account to use the Software and/or provide Testimony. All Users that use the Software agree to the terms of this Agreement.
You have a duty to ensure that the information provided through the Software and within your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Software if that information changes. You are expressly prohibited from providing information that in any way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Software. Skribe reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ information at any time, at its sole discretion, and without prior warning. You agree to hold harmless and indemnify Skribe for any damages that arise out of or in relation to the use of the Software.
Subscribers agree to keep their Account secure from unauthorized access. Subscribers will login to their Account using an e-mail and Account password. Subscribers should not reveal their passwords to others. Subscribers agree that they alone are responsible for their Account and all associated activities and purchases. Subscribers accept full responsibility for all uses of their Account, whether authorized or unauthorized. In the case of unauthorized access to a Registered User’s Account, you agree to contact Skribe immediately. Subscribers agree to hold harmless and indemnify Skribe for any damages that arise out of or in relation to the use of their Account.
Subscribers are responsible for the activities of all Participants who access or use the Software through their Account. Subscribers agree that Participants will comply with the terms of this Agreement. Skribe assumes no responsibility or liability for violations.10. Payment
Subscribers agree that they will be automatically billed monthly for the Software. When purchasing the Software, payments may be processed through a third-party payment processor, Stripe. By utilizing Stripe, you are agreeing to their separate Terms of Service, found here.
Skribe reserves the right to charge and/or change the Software fee at any time. Subscribers agree that they are responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Software and purchases made therefrom. You understand and agree that Skribe will not be held liable for any User’s failure to complete a transaction entered through the Software.11. Prices and Availability
All prices displayed on the Software are quoted in U.S. Dollars and are valid and effective only in the United States. Skribe reserves the right without prior notice to discontinue or change specifications on subscriptions offered through the Software without incurring any obligations.12. Confidentiality
Confidential Information shall not include content or information that (a) is already rightfully known to a User at the time it is obtained from another User, free from any obligation to keep such information confidential; (b) is or becomes publicly known or available through no wrongful act of a User; (c) is rightfully received from a third party without restriction and without breach of this Agreement; or (d) is developed by a User without the use of any proprietary, non-public information provided by the other User under the Agreement. Any information that comes from the Testimony given in the course of the Software is not subject to the Confidentiality Clause to the extent the information is used for the intended purposes of the Software.
Users may disclose Confidential Information where required by law, regulation, or court order, provided that the User subject to such law, regulation or court order shall, where permitted, notify the other User of any such use or requirement prior to disclosure to afford such other User an opportunity to seek a protective order to prevent or limit disclosure of the information to third parties.
The confidentiality obligations set forth in this section of the Agreement shall remain in effect for a period of five (5) years from the disclosure of the information. Users agree (a) to take reasonable steps to protect the other Users’ Confidential Information, and these steps must be at least as protective as those the receiving User takes to protect its own Confidential Information, and no less than a reasonable standard of care; (b) to notify the disclosing User promptly upon discovery of any unauthorized use or disclosure of Confidential Information; and (c) in the event of any unauthorized disclosure by a receiving User, to cooperate with the disclosing User to help regain control of the Confidential Information and prevent further unauthorized use or disclosure of it.13. User Generated Content
Users may submit content to the Software, including, but not limited to text, photos, audio, and videos (collectively “User Generated Content”).
Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Software’s associated services. User Generated Content posted to public areas of the Software, including as shared audio or video clips, will be publicly visible to all visitors of the Software. You expressly acknowledge, however, that Skribe does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the Software, you grant Skribe a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Software and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Software or its associated services, improving the Software or its associated services, and archiving or making backups of the Software. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Software, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the Software will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You agree that you are solely responsible for any User Generated Content that you submit to the Software. Skribe acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Skribe does not guarantee the confidentiality of any User Generated Content you share through the Software with any third party.
Skribe reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines violates the terms of this Agreement. Skribe also reserves the right to terminate a User’s access to the Software for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.
To learn more about Skribe’s copyright policies and learn how to submit an infringement claim based upon User Generated Content, please reference Skribe’s Copyright Policy below (section 14).14. Copyright Policy
The Skribe.ai website, content, and services (“Software”) are © 2022 Skribe, Inc. (“Skribe”).
Skribe respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of Skribe and are protected by copyright and other intellectual property laws.
By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.
If you believe that a user of Skribe has infringed upon your copyright rights, please provide Skribe with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Skribe receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Skribe will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Skribe with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing upon any intellectual property rights.
The notice of copyright infringement must be compliant with §512 of the Digital Millennium Copyright Act and must also contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner
- Identification of the copyrighted work(s) alleged to have been infringed
- The location of the copyrighted work(s) on the Website
- Your contact information, such as an address, telephone, fax number, or email address
- A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner
Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
- Identification of the specific materials that have been removed from the Website
- Your contact information, such as an address, telephone, fax number, or email address
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification
- A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Texas
- A statement that you will accept service of process from the notifying party
- Your physical or electronic signature
Notifications of copyright infringement and counter-notifications may be submitted to:
Procopio, Cory, Hargreaves & Savitch, LLP
Five Palo Alto Square
3000 El Camino Real, Suite 400
Palo Alto, CA 94306
With a copy e-mailed to email@example.com. Prohibited Uses
You expressly agree that you will not use the Software to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Software.
Specifically, you are prohibited from:
- Posting or transmitting content, other than in connection with providing testimony for use in a legal proceeding or with the intended purposes of the Software, that:
- Infringes upon the intellectual property rights of others
- Threatens or encourages bodily harm and/or destruction of property, or that is offensive, defamatory, derogatory, pornographic or obscene
- Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability
- Incites any illegal activity or unlawful sexual solicitation
- Relates to weaponry, controlled substances, gambling, or debt collection;
- Raises support or defense of anyone alleged to be involved in criminal activity
- Impersonates another or is fraudulent, inaccurate, or misleading
- Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter
- Intends to collect personal or personally identifiable information from others
- Violates any term or condition of this Agreement
- Using a robot, spider, scraper, or other automated technology to access the Software
- Imposing a disproportionate load on the Software or its server infrastructure or otherwise attempting to interfere with the operation of the Software
- Attempting to gain access to the private data or personal information of a Software user or third party
- Circumventing Skribe’ technological and physical security measures
- Suggesting an affiliation with or endorsement by Skribe.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Skribe by sending an email to: firstname.lastname@example.org. Export Restrictions
You acknowledge that the Software, or a portion thereof, are subject to the Export Administration Regulations, 15 C.F.R. Parts 730-774, of the United States and may be subject to other applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). Skribe will provide the U.S. export classification(s) applicable to its Software upon request. User Participants may not access, use, export, re-export, divert, transfer, or disclose any portion of the Software or any related technical information or materials, directly or indirectly, in violation of Export Control and Sanctions Laws. Users represent and warrant that: (i) You (a) are not citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk and Luhansk regions of Ukraine) and that You will not access or use the Software, or export, re-export, divert, or transfer the Software, in or to such countries or territories; (b) are not persons, or owned 50% or more, individually or in the aggregate by persons, identified on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists; and (c) are not persons on the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or U.S. Department of State proliferation-related lists; (ii) Users located in China, Russia, or Venezuela are not Military Participants and will not put Skribe’s Software to a Military End Use, as defined in 15 C.F.R. 744.21; (iii) no content created or submitted by Users is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control and Sanctions Laws; and (iv) Users will not take any action that would constitute a violation of, or be penalized under, U.S. antiboycott laws administered by the U.S. Department of Commerce or the U.S. Department of the Treasury. Users are solely responsible for complying with the Export Control and Sanctions Laws and monitoring them for any modifications.17. Mobile Devices
In the event Skribe provides access to the Software via a mobile device: to the extent you access the Software through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. Skribe is not responsible for any fees or errors that occur while accessing the Software via a mobile device.18. Section 230 of Communications Decency Act
You acknowledge and agree that Skribe is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Skribe may edit, remove, or control the content displayed through the Software, you agree that Skribe will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Software or otherwise.19. Third Party & Affiliate Links
You understand that the Software may contain links to third party websites, applications, or services that Skribe does not own or control. You agree that Skribe will not be held responsible or liable for the content of third-party websites, applications, or services and that Skribe’s inclusion of those websites, applications, or services within the Software does not constitute Skribe’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.20. No Endorsement
From time to time, Skribe will refer to commercial products, processes, services, experts, and/or websites. Any reference is not intended to be an endorsement or statement that the information provided by the other party is accurate. Skribe does not endorse any commercial product, process, service, expert, or website. The views and opinions of affiliates, contributors, and others expressed on the Software do not necessarily state or reflect those of Skribe and are not intended to be used for product endorsement purposes.21. Term and Termination
This Agreement will remain in full force and effect so long as the Software are in operation. Skribe may terminate this Agreement without liability at any time, without notice, and for any reason, including, but not limited to, for your violation of any terms or conditions of this Agreement.22. Disclaimer of Warranties
SKRIBE DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE. SKRIBE PROVIDES THE SOFTWARE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
SKRIBE WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE SOFTWARE, ANY THIRD-PARTY LINKS POSTED ON THE SOFTWARE, OR ANY CONTENT TRANSMITTED THROUGH THE SOFTWARE. SKRIBE IS A SOFTWARE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. SKRIBE RESERVES THE RIGHT TO DISCONTINUE THE SOFTWARE AT ANY TIME.
SKRIBE WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURES, DELAYS, OR DIFFICULTIES WITH THE SOFTWARE AT ANY TIME.23. Limitation of Liability
SKRIBE WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT SKRIBE CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR THE SOFTWARE, AND IN NO CASE WILL THAT AMOUNT EXCEED $1,000. IF NO AMOUNT IS PAID BY YOU TO SKRIBE, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE SOFTWARE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. SKRIBE IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.24. Indemnification
You agree to hold harmless, indemnify, and defend Skribe, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Software, your use or provision of any services made through the Software, your reliance upon advice provided through the Software, your submission of User Generated Content to the Software, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Skribe under the terms of this Agreement will not provide you with the right to control Skribe’ defense, and Skribe reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Skribe.25. No Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Skribe may assign its rights and obligations under this Agreement at any time, including, but not limited to, in a sale of the Software.26. Jurisdiction, Governing Law, and Resolution of Disputes via Arbitration
This Agreement will be interpreted, governed, construed, and enforced in accordance with the laws of the United States of American and the State of Texas, without giving effect to any conflicts of laws and principles. The parties submit to and agree to personal jurisdiction in Texas, with venue proper in Austin, Texas.
YOU AND SKRIBE AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SOFTWARE, OR THE PURCHASE OF ANY SERVICES FROM SKRIBE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN AUSTIN, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND SKRIBE AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF TEXAS. YOU AND SKRIBE AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.27. Severability
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.28. Integration
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.30. Child Online Privacy Protection Act
The Software is not directed to persons under the age of eighteen (18) and Skribe will not knowingly collect personally identifiable information from children under the age of eighteen (18) for the creation of User Accounts. This information may be collected strictly in connection with providing testimony for use in a legal proceeding or with the intended purposes of the Software. If Skribe inadvertently collects such personally identifiable information outside of the purposes of the Software, Skribe will delete the personally identifiable information in accordance with its security protocols.31. Limitation on Actions
SKRIBE AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SOFTWARE, MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SKRIBE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.32. Reservation of Rights
All rights not expressly granted herein are reserved to Skribe.33. Notice
Any notice required by this Agreement must be in writing and must be emailed to: email@example.com.