Visitors, Users, and Client Users
Brightleaf Solutions, Inc. (“Brightleaf”, “we” or “us” or “our”) provides web-based legal document automation services that are described in greater detail at our company website: test3.brightleaf.com.
There are three types of people who legitimately access those services—and the web pages and information related to those services.
The second type of person accesses Sites as a means to view, evaluate, or use some of the technological offerings, tools, systems, accounts, automated documents or automated workflows (the “Services”) that Brightleaf from time to time provides to its customers and prospective customers (or in some cases, to the general public). This policy refers to that second group as “Users,” regardless of whether those users are Brightleaf customers, prospective customers, or other persons who receive access to the Services. Users may be subject to additional terms and conditions and may be required to indicate individually their acknowledgement of and agreement to those additional terms and conditions.
Many of our Users are lawyers. When a User with appropriate Service permissions grants to a third party (for example, a when a law firm grants to a client or prospective client) access to any Site, Information, or Service, this policy refers to such third party as a “Client User”.
Brightleaf Does Not Provide Legal Services to Anyone
You acknowledge that while Brightleaf provides attorneys with services that are necessary or highly useful to the representation those attorneys provide to their clients, Brightleaf is not a law firm nor does it provide professional legal services or to any person or entity. Even if you communicate with an attorney who works for Brightleaf, all Services or Information that we provides hereunder are of a non-legal nature and you do not at any time have any direct attorney-client relationship with Brightleaf or any of its employers, officers, contractors, subsidiaries or agents.
Your Content and Third-party Content
While visiting a Site or using a Service, you may upload, transmit, or otherwise convey to us information, content, comments, suggestions, or ideas (collectively, “Your Content”). You are solely responsible for all your Content. You may not transmit or share it with us if you do not have permission to do so. You are responsible for creating backup copies of it.
- Permit us to make copies as are reasonably necessary to provide of Services to you or to such other parties as you authorize; and
- Give us, and you promise that you have the right to give us, a non-exclusive, fully paid worldwide license to use, copy, modify, publicly perform, publicly display, reformat, translate, and distribute your Content for the purpose of providing Services to you or to such other parties as you authorize; and
- Represent to us that you have the full authority and right to post the User Content and to grant the licenses granted hereunder, and that your posting of the User Content, and the exercise by Brightleaf and its users of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party; and
- Acknowledge that Brightleaf is under no obligation to edit or control any such content and shall not be liable for any loss or damage that any person may suffer as a result of using or relying on it.
Third Party Content and Links to Other Sites
The Site may contain links to third-party websites and to content provided by other Users. Any such sites or content are not under our control and we are not responsible for them. We provide these links and content as a convenience only. There is no implied endorsement of, sponsorship of, or affiliation with the linked site by Brightleaf. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction involving any such content or with any of these third parties.
Ideas, Suggestions, & Comments
In the event that you submit ideas or suggestions for the Site, Site Content or Services (“Comments”), those Comments will be deemed, and will remain, the sole property of Brightleaf. None of the Comments will be subject to any obligation of confidence on the part of Brightleaf, and Brightleaf will not be liable for any use or disclosure of any Comments. Without limiting the foregoing, Brightleaf will be entitled to unrestricted use and other exploitation of the Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Comments.
Restrictions On Access and Use
No Visitor, User, or Client User may:
- Submit, post, upload to, distribute or otherwise use, any User Content (i) in violation of, or in connection with any violation of, any local, state, national or international laws; (ii) that is libelous, defamatory, threatening, abusive, scandalous, obscene or pornographic; (iii) that contains advertising or promotional material or constitutes commercial activity of any sort or, in the sole discretion of Brightleaf, constitutes “spam”; (iv) that infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party; (v) that contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury, loss or damage to the material’s readers or others; or (vi) that contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
- Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content; or
- Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent; or
- Engage in any other conduct that interferes with the Site, Information, or Services or that restricts or inhibits any other person from using or enjoying the same, or which, in Brightleaf’s sole judgment, exposes Brightleaf or any of their officers, directors, employees or agents to any liability or detriment of any type.
Brightleaf has no liability or responsibility to any Visitor, User, or Client User (any other person or entity) for performance or nonperformance of the aforementioned activities.
Digital Millennium Copyrights Act (DMCA)
Brightleaf complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Site you may contact our Designated Agent at the following address:
Samir Bhatia, Privacy Officer
Brightleaf Solutions, Inc.
1600 Beacon Street
Suite 211, Brookline, MA 02446
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If material that you have posted to any Site or Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
- a physical or electronic signature of the subscriber;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Brightleaf may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
Terms Between User and Client-user
Brightleaf enables Users with appropriate permissions to share Services with Client-Users. One example of such Service sharing might be law firm creating a suite of automated documents and distributing it to one or more of its clients through customized web forms. In addition to the other Terms herein, which apply to each User and each Client-User, the terms in the following subsections govern the shared use by and between Users and Client-Users.
Not Legal Services
The use by you of any Services or Information, or your access to any Site does not constitute legal advice nor does it by itself establish the delivery of any professional service.
Even if your access to the Services was provided by an attorney or law firm (or other legal service provider), no attorney-client relationship with any person or entity is created or implied by you accessing or using any Service. Any such relationship, and any relationships or privileges related thereto, may only be formed between you and that attorney in accordance with its formal engagement and conflict checking procedures.
The Information and Services provided on the Sites, whether authored by Brightleaf, a User, a User’s law firm, or otherwise, is provided purely for informational purposes.
Conflicts Between User and Client User
All matters and claims involving the User and Client User, but not involving Brightleaf, that arise from or relate to the Services and Information that the User extends to the Client User shall be:
- Governed by the substantive laws of the state where the User maintains its principal office, without regard to the conflicts of laws principles of that state; and
- Heard and resolved in the federal and state courts that same state. As a Client User, you consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts.
Liability and Indemnification between User and Client User
As a Client User, you indemnify the law firm, lawyer, or other Brightleaf User from whom you received access to Services against and agree to hold them harmless from any damages, losses or claims arising in connection with any loss, damages, or claim (including attorney fees) made or brought against them by any party alleging any action on your part that is illegal or impermissible under these terms. The foregoing sentence shall apply where the User gives the Client user reasonably prompt written notice of the claim against then, reasonably cooperate with the Client User (at Client User’s expense), gives the Client User sole control of the defense of that claim (provided, however, you the Client User may not settle that claim in any way that does not release the User from any and all liability pertaining to that claim.)
Limitations of Liability between User and Client User
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE USER DISCLAIMS ANY AND ALL INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES AND INFORMATON PROVIDED TO THE CLIENT USER, EVEN IF THE USER HAD BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Depending on the rules of the bar association in the state where you live, your access to the Sites may constitute attorney advertising.
Client User Subject to User’s Own Terms and Policy
Generally Applicable Terms
UNLESS YOU AND BRIGHTLEAF HAVE AGREED OTHERWISE IN A WRITTEN DOCUMENT AUTOMATION SERVICES AGREEMENT SIGNED BY BOTH YOU AND US, THE FOLLOWING TERMS APPLY TO YOUR ACCESS AND USE OF ANY INFORMATION, SITE, OR SERVICES, REGARDLESS OF WHETHER YOU ARE A VISITOR, USER, OR CLIENT-USER:
Except as expressly provided below, all Information is proprietary to us or to third parties.
Brightleaf authorizes you to access, view, and use the Information (and to download, email, or print Information where we provide instructions or a utility for doing so) subject to the following conditions: (a) you may only download and print the Information in limited quantities for your personal, non-commercial use; (b) you may not modify the Information without our permission; (c) any displays or print outs of the Information must be marked “© Brightleaf Solutions, Inc. 2014-2017. All rights reserved.”; (d) you may not remove any copyright, trademark or other proprietary notices that have been placed in the Information or on any Site; and (e) you may not download, email, or print any online help text or system documentation without our prior written consent. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Information, any other materials you derive from the Site, or any portion thereof, is strictly prohibited without our prior written permission.
All software used on the Site is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.
The marks BRIGHTLEAF, TRILEAF and the Brightleaf logo are registered or unregistered trademarks of Brightleaf, and may not be used in connection with any service or products other than those provided by Brightleaf, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Brightleaf. Any use of such marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners.
Brightleaf makes no representations or warranties of any kind regarding the Site and the Site Content. The Site and Site Content are provided in “AS IS” condition, and Brightleaf EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) AS TO THE SITE, SERVICES, OR INFORMATION WILL MEET YOUR REQUIREMENTS, OR THAT THEY (OR YOUR CONTENT) WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES; AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY SITE, SERVICES, OR INFORMATION.
No advice or information, whether oral or written, obtained by you from Brightleaf (or by other persons or entities through you) or through the Site, Services, or Information will create any warranty not expressly stated herein. We expressly disclaim all liability and loss suffered by any person or entity claiming third-party beneficiary status.
YOU USE THE WEBSITE AND THE SITE CONTENT AT YOUR OWN RISK AND BRIGHTLEAF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
Limitation Of Liability
UNDER NO CIRCUMSTANCES WILL YOU OR ANY PERSON OR ENTITY BE ENTITLED TO RECOVER FROM BRIGHTLEAF ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR SITE CONTENT, EVEN IF BRIGHTLEAF HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Conflicts Involving Us
You and Brightleaf agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of The Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in Boston, Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Services from locations other than Massachusetts, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
Headings Provided for Convenience Only
Effective Date of this policy: OCTOBER 1, 2014