Kenji

Kenji Legal Center

User Terms of Services

Version 1  (Current)

Effective August 25th 2015, 1:42 PM GMT  to  Present

Table of Contents


KENJIAPP.COM TERMS OF SERVICE

This Terms of Service ("Agreement") is binding legal agreement and governs your use of and access to the Services provided via the website KenjiApp.com by Kenji Technologies, LLC, an Indiana limited liability company corporation (“Kenji”), whether in connection with a Service Plan.

This Agreement is effective as of the date you check the box next to the statement "I Understand and Agree to the Terms of Service" during your registration with the KenjiApp.com website (the “Effective Date”).

Kenji is not a law firm nor is the KenjiApp.com website a lawyer referral service. No content provided on the KenjiApp.com website is to be construed as legal advice, nor should it be construed as a substitute for the advice of an attorney. Legal Service Providers listed on the KenjiApp.com website may pay to advertise on the website. Detailed terms with respect to these matters is set forth in Section 7 below.

Our Privacy Policy is located at https://s3.amazonaws.com/ps-vault/s/821a7b15-6c52-47c2-805d-e693beed2eb4/legal.html#a:8. Your acceptance of this Agreement constitutes your acceptance of such Privacy Policy, which is hereby incorporated by reference.

1. SERVICES

1.1 SERVICES.
Subject to all terms and conditions of this Agreement, Kenji will use commercially reasonable efforts to provide the Services to you consistent with your Service Plan. Kenji may provide the Services using third party vendors or service providers. You agree to pay Kenji the fees, in the amounts and at the times specified in your selected Service Plan.

1.2 LIMITATIONS.
Kenji will not be responsible or liable for any failure in the Services resulting from or attributable to (a) your Systems, (b) network, telecommunications or other service or equipment, (c) your, or third partys’ products, services, negligence, acts or omissions, (d) any force majeure or cause beyond Kenji's reasonable control, (e) scheduled maintenance or (f) unauthorized access or breach by third parties. You are responsible for maintaining the confidentiality of your account access password, and for all activities that occur under your account.

1.3 SYSTEMS.
You shall obtain and operate all Systems needed to use the Services, and provide all corresponding backup, recovery and maintenance services. You shall ensure that all Systems are compatible with the Services.

2. Proprietary Rights

2.1 CUSTOMER CONTENT.
As between you and Kenji, you shall own all Customer Content. You hereby grant Kenji a nonexclusive and royalty-free right and license to use, copy, perform, display, and distribute said Customer Content and to prepare derivative works of Customer Content solely for the purpose of providing the Services. Such license includes the right for Kenji to provide the Customer Content to Legal Service Providers (as defined below). You agree to indemnify and hold Kenji harmless from all claims, damages, liabilities, losses, costs and expenses (including attorneys' fees) arising out of any use or disclosure of Customer Content and your use of the Services.

You understand that any Customer Content may be provided to and accessed by certain Legal Services Providers. The ownership of any Customer Content provided to such Legal Service Providers shall be as determined between you and such Legal Service Provider.

You understand that you are solely responsible for all Customer Content posted on, transmitted through, or linked from the Service. You acknowledge that Kenji does not pre-screen or approve Customer Content.

You hereby expressly acknowledge that the Services are not intended to be a data backup service, and you agree not to use the Services as a data backup service. Although Kenji does not claim ownership of Customer Content, you represent and warrant that you have the right to grant the foregoing license to Kenji.

2.2 NO IMPLIED LICENSE.
Except for the limited rights and licenses expressly granted hereunder, no other license is granted to you, no other use is permitted and Kenji (and its licensors) shall retain all right, title and interest in and to the Service and all updates and modifications thereto (including all intellectual property and proprietary rights embodied therein). You shall not take any action inconsistent with such rights.

2.3 RESTRICTIONS.
Any reproduction, modification, creation of derivative works from or redistribution of the KenjiApp.com website, and/or copying or reproducing the KenjiApp.com website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Kenji. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

2.4 TRADEMARK.
You shall not alter, obscure or remove any printed or on-screen trademark, copyright or other proprietary or legal notice.

3. Service Plans

3.1 SERVICE PLAN UPGRADES
Your Service Plan includes certain restrictions on your use of the Services. In the event your use of the Services exceeds any such limitations at any time, you consent and agree to your Service Plan being upgraded to the Service Plan appropriate for your usage level. Any such upgrade shall not require your prior consent or any notice to you.

4. Billing

4.1 CREDIT CARD INFORMATION.
In order to set up an account with Kenji, you must provide Kenji with accurate and complete billing information including legal name, address, and telephone number. When you submit credit card information, you give Kenji permission to charge all Subscription Charges and any other fees incurred for using the Services to the designated credit card. Kenji reserves the right to terminate this Agreement and your access to and use of the Services if you do not provide a valid credit card for the payment of fees hereunder, or if any Subscription Charges or other charges are not timely paid.

4.2 PAYMENT TERMS.
The Subscription Charges may be billed in advance upon commencement of your use of the Service, and are non-refundable. There will be no refunds or credits for partial use of the Service. Any add-on features or Services not provided in your Service Plan will be billed in accordance with specific terms provided at the time the add-on features or Service is requested by you.

4.3 TAXES.
All payments are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and you agree to bear and be responsible for the payment of all such charges, excluding taxes based upon Kenji's net income. All amounts due hereunder shall be grossed-up for any withholding taxes imposed by any foreign government.

5. Disclaimers

5.1 DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. KENJI DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, KENJI HEREBY DISCLAIMS (FOR ITSELF AND ITS SUPPLIERS) ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

6. LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, IN NO EVENT SHALL KENJI BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS Agreement, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL (INCLUDING ANY ERROR OR DAMAGE ATTRIBUTABLE TO ANY NETWORK OR SYSTEM), (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS or SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) ANY DIRECT DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID TO KENJI HEREUNDER WITH RESPECT TO THE SERVICES THAT GAVE RISE TO THE CLAIM DURING, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS Agreement AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

7. Kenji Is Not a Law Firm, nor a Lawyer Referral Service

7.1 NO LEGAL ADVICE
The Services include access to certain legal information, including, information, articles, legal forms and documents. The information provided on KenjiApp.com or otherwise by Kenji is not legal advice and may not be relied upon as legal advice. Kenji cannot guarantee that all the information, forms or documents provided via the Services are current or correct. You should consult a licensed attorney with respect to your legal issues. Neither the Services, nor anything provided on KenjiApp.com, is a substitute for the advice of an attorney.

7.2 ATTORNEYS ARE INDEPENDENT OF KENJI
A portion of your Subscription Charge may include a fee to an independent third party attorney or law firm (each a “Legal Service Provider”) for the delivery of legal services and advice (collectively "Legal Services"). The Services do not include, nor does Kenji in any way provide, Legal Services. All Legal Services are provided to you via a direct and separate relationship between you and the Legal Service Provider. Each Legal Service Provider is solely responsible for all Legal Services provided to you.

You, or where applicable Kenji, negotiates fixed fees for Legal Services with the Legal Service Providers, with such fixed fees included in applicable Subscription Charges. The Legal Service Provider is paid this fixed fee from your Subscription Charge by Kenji on your behalf. Additionally, Legal Service Providers pay certain fees to Kenji in exchange for the document assembly, project management and information processing services provided to the Legal Service Provider via the KenjiApp.com website.

All other fee arrangements must be negotiated directly between you and the Legal Service Provider. Legal Service Providers may require that you execute an attorney engagement agreement or a paid retainer prior to the delivery of any Legal Services. Kenji is not a law firm, and the employees of Kenji are not in any way acting as your attorney. Kenji offers general information about the law and does not provide any legal advice.

Your use of the Services does not create nor constitute an attorney-client relationship between you and Kenji, any Kenji employee, or any Legal Service Provider. Your use of the Services is intended for general informational purposes only and is not a substitute for consultation with an attorney licensed to practice in your jurisdiction about your specific legal issues, and you should not rely upon such information. Kenji will not influence or interfere in any manner with the Legal Service Provider’s independence of professional judgment.

7.3 NO GUARANTEE OF OUTCOME / DISCLAIMER REGARDING LEGAL SERVICES.
Kenji does not guarantee that you will successfully find a Legal Service Provider via the Services. Legal Service Providers may provide certain information for inclusion in their profiles on the KenjiApp.com website. Such profiles are advertisements and you should always conduct your own investigation of a Legal Service Provider. Kenji does not verify or warrant the accuracy of information included on the profiles of Legal Service Providers. Kenji disclaims any responsibility for the information on the profiles of Legal Service Providers, as well as any information on websites linked from such profiles.

Kenji expressly disclaims any representation or warranty of any kind with regard to the quality or outcome of the Legal Services to be performed by any Legal Service Provider. There is no guarantee that by using the Services via KenjiApp.com, nor the Legal Services provided by any Legal Service Provider, that you legal matter will have a successful outcome.

7.4 ATTORNEY ADVERTISEMENT / NOT A LAWYER REFERRAL SERVICE
KenjiApp.com is not a lawyer referral service nor prepaid legal services plan. Kenji makes no endorsement of any Legal Service Provider listed on KenjiApp.com, nor is the inclusion in such listed meant to imply that engaging with any such Legal Service Provider is otherwise appropriate. You must carefully consider a Legal Service Provider's knowledge and experience prior to any engagement for Legal Services.

8. GENERAL PROVISIONS

8.1 ENTIRE AGREEMENT.
This Agreement (together with the applicable Service Plan(s)) constitutes the entire agreement, and supersedes all prior negotiations, understandings or agreements (oral or written), between the parties about the subject matter of this Agreement. In the event of any conflict or inconsistency between the Agreement and the Service Plan, the terms and conditions in the Service Plan will prevail and be controlling. No waiver, consent or, except as expressly provided herein, modification of this Agreement shall bind either party unless in writing and signed by the party against which enforcement is sought. The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. If this Agreement is required to be registered with any governmental authority, you shall cause such registration to be made and shall bear any expense or tax payable in respect thereof.

8.2 GOVERNING LAW / BINDING ARBITRATION
This Agreement shall be treated as though executed and performed in the state of Indiana, and shall be governed by and construed in accordance with the laws of Indiana, USA, without regard to its conflicts of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to this Agreement.

Any dispute relating in any way to your use of the Services shall be submitted to confidential arbitration in Indiana, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Indiana. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Indiana. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Kenji operates the Service from its offices in the State of Indiana.
In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.

8.3 REMEDIES.
Except as specifically provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity. Each party agrees that, in the event of any breach or threatened breach of Section 2, the non-breaching party will suffer irreparable damage for which it will have no adequate remedy at law. Accordingly, the non-breaching party shall be entitled to injunctive and other equitable remedies to prevent or restrain such breach or threatened breach, without the necessity of posting any bond.

8.4 NOTICES.
Any notice or communication hereunder shall be in writing and either personally delivered or sent via confirmed email, recognized express delivery courier or certified or registered mail, prepaid and return receipt requested, addressed to the other party at its address specified in the Service Plan, or at such other address designated in a subsequent notice. All notices shall be in English, effective upon receipt.

8.5 ASSIGNMENT.
This Agreement and the rights and obligations hereunder may be not be assigned by you.

8.6 INDEPENDENT CONTRACTORS.
The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

9. DEFINITIONS

“Customer Content” means all of your registration information and other information provided by you in connection with your use of the Services, including without limitation information, content, data, messages, text, files, images, photos, video, sounds, documents, or other materials.

“Service Plan” means the plan or services chosen by you during, or subsequent to your registration to use the Services.

“Services” means the information, web pages, products, functionality and services contained in or available via or through the KenjiApp.com website, as further described in your Service Plan. Any new or modified features added to the Service are also subject to this Agreement. The Services DO NOT include any Legal Services.

“Subscription Charges” means fees payable by you for your use of (a) the Services, as specifically set forth in your Service Plan, or (b) any add-on features or Services requested by you from time to time. Subscription Charges may also include certain fees payable to Legal Service Providers.

“Systems” means modems, servers, software, network and communications equipment and ancillary services and hardware that are owned, controlled or procured by you.