NOTE TO LAW FIRM: By registering with LeGuard, you are accepting and agreeing, on behalf of Law Firm (and all of its partners, associates, attorneys, paralegals, administrative staff, officers, directors, employees, consultants, agents, assigns, successors in interest and Authorized Billers as defined below) to the following Terms and Conditions, which have legal effect, including but not limited to an automatic renewal provision, a notice provision, a jury trial waiver, an arbitration provision, limitations of liability, and time limitations on claims. Your acceptance of these Terms and Conditions constitutes an acknowledgment that you have read and understand all the provisions herein.
Definitions Used in these Terms and Conditions
1. “Authorized Biller” is an attorney, paralegal, or other employee at a Law Firm, or a consultant, who is authorized by the Law Firm to perform legal workload activities for Client, and bill time to Client via LeGuard.
2. “Client” is the purchaser of a LeGuard subscription plan.
3. “Law Firm” is the entity providing substantive legal services to Client, and whose Authorized Billers will use the LeGuard software application to track legal fees in real time.
4. “LeGuard” is the software application provided by LeGuard, Inc. which tracks legal fees in real time.
5. “LeGuard, Inc.” is the corporation providing a limited license to Client for use of the LeGuard software application by Client and Law Firm.
6. “Matter” is a Client’s specific legal case or project for which Law Firm’s Authorized Billers perform substantive legal services and bill time to Client via LeGuard.
7.“Subscription Agreement” is the contract formed between Client and LeGuard, Inc. by the Client’s purchase of a subscription plan from LeGuard, Inc.
License; Maintenance Support; Ownership
As stated in the Client’s Terms and Conditions which govern the Client’s Subscription Agreement (and can be accessed on the LeGuard website), Client’s purchase of a subscription plan from LeGuard, Inc. grants Client a limited license (which is non-sub-licensable, non-transferable, and non-exclusive) to access and use LeGuard, and to direct and designate Law Firm to access and use LeGuard, for legal fee-tracking in real time. So long as Client’s account is current, LeGuard, Inc. shall exercise commercially reasonable efforts to provide maintenance and support of LeGuard for Client’s and Law Firm’s use. LeGuard, Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, LeGuard services with or without notice to Client or Law Firm. LeGuard, Inc. shall not be liable to Client, Law Firm, or any third party for any modification, suspension, or discontinuance of the services hereunder. To protect the integrity of the LeGuard product and services, LeGuard, Inc. reserves the right at any time in its sole discretion to block users from certain IP addresses to access LeGuard.
LeGuard, Inc. owns all rights, title, and interest, including all related intellectual and proprietary property rights, in and to LeGuard’s technology, content, and services. LeGuard, Inc. is, and shall be, the sole owner of all copyrights, trademarks, trade names, service marks, patents, inventions, discoveries, updates, improvements, modifications, enhancements, and other intellectual property (collectively hereinafter “Intellectual Property”) comprising or relating to LeGuard, and retains the exclusive right to reproduce, publish, patent, copyright, trademark, sell, license, or otherwise make use of such Intellectual Property. The LeGuard name, logo, and the product names associated with LeGuard’s product and services are trademarks of LeGuard, Inc., and no right or license is granted to Law Firm to use them. Law Firm agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through, relating to, or associated with LeGuard. Law Firm agrees not to remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices. Law Firm grants LeGuard, Inc. a world-wide, perpetual, irrevocable, royalty-free license to use and incorporate into LeGuard any suggestion, enhancement request, recommendation, correction or other feedback provided by Client relating to LeGuard and its operation.
Disclaimer of Warranty
LAW FIRM EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF LEGUARD IS AT ITS SOLE RISK, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH LAW FIRM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEGUARD IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LEGUARD, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO LEGUARD, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LEGUARD, INC. DOES NOT WARRANT AGAINST INTERFERENCE WITH LAW FIRM’S ENJOYMENT OF LEGUARD, THAT THE FUNCTIONS CONTAINED IN LEGUARD WILL MEET LAW FIRM’S REQUIREMENTS, THAT THE OPERATION OF LEGUARD WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN LEGUARD WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LEGUARD, INC. OR A LEGUARD-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD LEGUARD PROVE DEFECTIVE, LAW FIRM ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
ANY MATERIAL OR INFORMATION OBTAINED BY LAW FIRM THROUGH THE USE OF LEGUARD IS ACCESSED AT LAW FIRM’S OWN DISCRETION AND RISK, AND LAW FIRM WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVES ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO LAW FIRM’S DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM OBTAINING THE USE OF LEGUARD AND/OR ANY SUCH MATERIAL OR INFORMATION. IF LAW FIRM DOES NOT ACCEPT THIS LIMITATION OF LIABILITY, LAW FIRM IS NOT AUTHORIZED TO OBTAIN ANY MATERIAL OR INFORMATION THROUGH LEGUARD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO LAW FIRM.
Protection of Confidential Information
LeGuard, Inc. implements appropriate commercially reasonable technical, technological, physical, and procedural controls to protect Client-provided and Law Firm-provided information and data against destruction, loss, alteration, unauthorized disclosure to third parties, or unauthorized access by third parties, whether by accident or otherwise. LeGuard, Inc. leverages industry standard best practices to protect its servers from unauthorized access or from executing unknown code. However, LeGuard, Inc. does not control, and has no responsibility or liability for, security issues caused by Client’s or Law Firm’s use of LeGuard. Law Firm acknowledges and agrees that, notwithstanding LeGuard, Inc.’s commercially reasonable security measures, use of or connection to the Internet provides the potential opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to Client and/or Law Firm information.
Further, Law Firm is responsible for maintaining the confidentiality of Client and Law Firm information inputted, exchanged, and tracked via LeGuard (“Client and Law Firm Confidential Information”), and hereby agrees to indemnify and hold LeGuard, Inc. and its officers, directors, employees, agents, assigns, and successors in interest (collectively the “Indemnitees”) harmless from and against any and all liability, obligation, or responsibility for any losses, claims, damages, costs, or expenses, including attorneys’ fees, arising from, relating to, or resulting from, in whole or in part, Law Firm’s and/or its partners, associates, paralegals, attorneys, officers, directors, employees, agents, assigns, successors in interest, or Authorized Billers’ misuse of such Client and Law Firm Confidential Information, or conveyance thereof to third-parties in breach or waiver of the attorney-client privilege, work product protection, or proprietary business relationship.
Law Firm is responsible for maintaining the confidentiality of the password designated by the Law Firm during registration. Law Firm agrees to immediately notify LeGuard, Inc. of any disclosure or unauthorized use of Law Firm’s password or any other breach of security.
Law Firm bears sole responsibility for ensuring that all of its partners, associates, paralegals, attorneys, officers, directors, employees, agents, assigns, successors in interest and Authorized Billers restrict their usage of LeGuard to its authorized purpose: tracking legal fees in real-time. Law Firm shall not use, nor permit the use by any person of, LeGuard for any illegal or unethical purpose, or any activity in violation of local, state, federal, or international rules, laws, codes, ordinances, regulations or treaties.
Law Firm hereby agrees to indemnify and hold LeGuard, Inc. and the Indemnitees harmless from and against any and all liability, obligation, or responsibility for any losses, claims, damages, costs, or expenses, including attorneys’ fees, arising from, relating to, or resulting from, in whole or in part, unauthorized usage of LeGuard by Law Firm and/or its partners, associates, paralegals, attorneys, officers, directors, employees, agents, assigns, successors in interest or Authorized Billers, or any use in violation of local, state, federal, or international rules, laws, codes, ordinances, regulations or treaties.
Accuracy of Client Account Information
Law Firm is responsible for maintaining up-to-date, accurate, and truthful account information, including but not limited to names of Law Firm contact persons, Law Firm names, business addresses, email addresses, phone numbers, and Authorized Biller information (hereinafter “Account Information”), and shall update such Account Information via Manage Account for currency and accuracy on a regular basis. If the Account Information provided by Law Firm is false or fraudulent, LeGuard, Inc. reserves the right to suspend or terminate Law Firm’s access to LeGuard, in addition to seeking any other legal or equitable remedies.
Law Firm hereby agrees to indemnify and hold LeGuard, Inc. and the Indemnitees harmless from and against any and all liability, obligation, or responsibility for any losses, claims, damages, costs, or expenses, including attorneys’ fees, arising from, relating to, or resulting from, in whole or in part, Law Firm’s failure to provide or maintain up-to-date, accurate, and/or truthful Account Information.
Internet Connection and Security
An Internet connection is required to access LeGuard and activate legal fee-tracking in real time. However, Law Firm users may start and stop legal workload activities on LeGuard as necessary even without an Internet connection. When a connection is reestablished, the Law Firm user’s activities will automatically upload to the LeGuard server. For Law Firm to monitor its own activities, an Internet connection is required to access real-time updates. Law Firm bears sole responsibility for providing Internet access for Law Firm and its Authorized Billers to use LeGuard. The LeGuard product and services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. LeGuard, Inc. is not responsible for, and hereby disclaims responsibility for, costs, expenses, losses, liability, or damages arising from or relating to Internet delays, delivery failures, defects, interruptions, suspensions, and terminations of Internet connection and service.
No Warranty of Fee-Tracking Accuracy
Law Firm bears sole responsibility for the accuracy of the fee tracking information inputted by Law Firm’s Authorized Billers via LeGuard to track legal fees in real time (i.e., Client Matters, start and stop times, activity descriptions, etc.). LeGuard, Inc. is not responsible for, and hereby disclaims responsibility to Client and Law Firm for, any failure by Law Firm’s partners, associates, paralegals, attorneys, officers, directors, employees, agents, assigns, successors in interest or Authorized Billers, to utilize LeGuard in a diligent manner, and input information in a timely and accurate manner to track legal fees in real time.
These Terms and Conditions shall be construed and interpreted under, and governed by, the substantive laws of the Commonwealth of Virginia without regard to the choice or conflicts of law provisions of any jurisdiction which would apply the laws of another jurisdiction.
EXCLUSIVE CHOICE OF FORUM; ARBITRATION CLAUSE; JURY WAIVER
LEGUARD, INC. AND LAW FIRM EXPRESSLY AGREE THAT ANY AND ALL DISPUTES, CLAIMS, DEMANDS, OR CAUSES OF ACTION ARISING FROM OR RELATING TO LAW FIRM’S USE OF LEGUARD (AND/OR USE OF LEGUARD BY LAW FIRM’S PARTNERS, ASSOCIATES, PARALEGALS, ATTORNEYS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNS, SUCCESSORS IN INTEREST OR AUTHORIZED BILLERS) CAN ONLY AND EXCLUSIVELY BE RESOLVED VIA BINDING ARBITRATION IN ACCORDANCE WITH THE THEN EXISTING COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. IN ALL CASES, THE DISPUTES, CLAIMS, DEMANDS, OR CAUSES OF ACTION BETWEEN LEGUARD, INC. AND LAW FIRM SHALL EXCLUSIVELY BE ADJUDICATED BEFORE A SINGLE ARBITRATOR AT THE OFFICES OF THE AMERICAN ARBITRATION ASSOCIATION IN THE COMMONWEALTH OF VIRGINIA.
BY REGISTERING WITH AND/OR USING LEGUARD PRODUCTS AND/OR SERVICES, LAW FIRM AGREES TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, LAW FIRM GIVES UP, AND HEREBY KNOWINGLY AND CONSCIOUSLY WAIVES, ITS RIGHT TO HAVE DISPUTES, CLAIMS, DEMANDS, OR CAUSES OF ACTION HEARD IN COURT, TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING, AND TO A TRIAL BY JURY. ALL RIGHTS HEREUNDER WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
In the event that this arbitration agreement is for any reason held to be unenforceable, all claims, disputes, lawsuits, demands, or causes of action arising from or relating to Law Firm’s use of LeGuard (and/or use of LeGuard by Law Firm’s partners, associates, paralegals, attorneys, officers, directors, employees, agents, assigns, successors in interest or Authorized Billers) can only and exclusively be brought in a court of competent jurisdiction located in the Commonwealth of Virginia (which is LeGuard Inc.’s principal place of business and state of incorporation). If the arbitration agreement is declared unenforceable, the courts of the Commonwealth of Virginia SHALL BE THE SOLE AND EXCLUSIVE FORUM for resolution of all claims, disputes, lawsuits, demands, causes of action or other legal matters between the parties, arising from or relating to Law Firm’s use of LeGuard (and/or use of LeGuard by Law Firm’s partners, associates, paralegals, attorneys, officers, directors, employees, agents, assigns, successors in interest or Authorized Billers). Under those circumstances, Law Firm hereby consents to jurisdiction with the courts of the Commonwealth of Virginia, and agrees that any process, notice, motion, or other application to the courts of the Commonwealth of Virginia may be served outside the Commonwealth of Virginia by registered mail or by personal service, so long as the method used provides a reasonable time for appearance.
LIMITATION OF ACTIONS
LAW FIRM AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF LEGUARD MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED, OR SUCH CLAIM OR CAUSE OF ACTION IS FOREVER BARRED.
Attorneys’ Fees and Costs; Prevailing Party Provision
In the event that a claim, dispute, lawsuit, demand, cause of action or other legal matter between LeGuard, Inc. and Law Firm is resolved via a final decision via arbitration (or litigation if the arbitration agreement is declared unenforceable by a particular jurisdiction), the substantially prevailing party shall be entitled to recover, from the non-prevailing party, its reasonable attorneys’ fees and costs, including all expert and consulting fees.
If LeGuard Inc.’s performance of any part of these Terms and Conditions, or the performance of the product, or the provision of services hereunder is prevented, hindered, delayed, or otherwise made impracticable by reason of: any strike or other labor problem; flood; riot; fire; explosion; war; act of God; act of terrorism; act of government; extraordinary weather event; civil unrest; telecommunications, Internet, or network failures or delays; computer or other technological failures involving hardware or software not within LeGuard, Inc.’s possession or reasonable control; act of vandalism (including network intrusions and denial of service attacks); or any other casualty or cause beyond the control of LeGuard, Inc., and which cannot be overcome by reasonable diligence and without unusual and unreasonable expense, LeGuard, Inc. shall be excused from performance to the extent that it is necessarily prevented, hindered or delayed. LeGuard, Inc. shall continue to be excused from performance during the continuance of any such happening or event and for so long as such event shall continue to prevent, hinder or delay such performance. LeGuard, Inc.’s performance shall be deemed suspended so long as and to the extent that any such cause shall operate to prevent, hinder, or delay the performance by LeGuard, Inc. of its obligations.
Law Firm agrees to indemnify, defend, protect, and hold harmless LeGuard, Inc. and the Indemnitees from and against all claims, demands, suits, causes of action, legal or administrative proceedings, actual damages (including but not limited to special and consequential damages), punitive damages, penalties, fines, charges, costs, liens, injuries, losses, debts, liabilities, and expenses of every kind, including but not limited to attorneys’ fees, whatsoever paid, incurred or suffered by, or asserted against, any of the Indemnitees which are directly or indirectly attributable to, or arising from or relating to: (1) any breach, default, or violation of these Terms and Conditions by Law Firm or its partners, associates, paralegals, attorneys, officers, directors, employees, agents, assigns, successors in interest or Authorized Billers; (2) the use of LeGuard by Law Firm or its partners, associates, paralegals, attorneys, officers, directors, employees, agents, assigns, successors in interest or Authorized Billers; and/or (3) violation of local, state, federal, or international rules, laws, codes, ordinances, regulations or treaties by Law Firm or its partners, associates, paralegals, attorneys, officers, directors, employees, agents, assigns, successors in interest or Authorized Billers.
Additional Disclaimers; Limitation of Liability; Waiver of Consequential Damages
Law Firm acknowledges and agrees that neither LeGuard, Inc. nor its officers, directors, employees, agents, assigns, and successors in interest are responsible for, and such entities and individuals shall have no liability, directly or indirectly, for any loss or damage arising from, relating to, or resulting from: (1) any incorrect or inaccurate content, information, or data inputted via LeGuard by Client or Law Firm (or its partners, associates, paralegals, attorneys, officers, directors, employees, agents, assigns, successors in interest or Authorized Billers); (2) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any content inputted by a LeGuard user or such user communications; or (3) any problems, failure, or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or LeGuard services on account of technical problems or traffic congestion on the Internet, including injury or damage to LeGuard users or to any person’s or company’s computer or device arising from, related to, or resulting from use of LeGuard.
LAW FIRM AGREES AND ACKNOWLEDGES THAT LEGUARD, INC.’S LIABILITY WITH RESPECT TO ANY CLAIM, DISPUTE, LAWSUIT, DEMAND, CAUSE OF ACTION, OR OTHER LEGAL MATTER THAT IS BROUGHT AGAINST LEGUARD, INC. BY LAW FIRM SHALL BE LIMITED TO $10,000.
IN NO EVENT SHALL LEGUARD, INC. BE LIABLE TO LAW FIRM FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY RELATED TO OR CONNECTED WITH LAW FIRM’S USE OF LEGUARD OR USE BY ITS PARTNERS, ASSOCIATES, PARALEGALS, ATTORNEYS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNS, SUCCESSORS IN INTEREST OR AUTHORIZED BILLERS.
LeGuard’s Suspension or Termination for Law Firm’s Breach or Default
In the event that Law Firm breaches or defaults upon any of the obligations set forth in these Terms and Conditions, LeGuard, Inc. has the exclusive and sole right to suspend or terminate Law Firm’s access to LeGuard products and services. In the event of such suspension or termination, LeGuard, Inc. shall not be responsible for any costs, damages, fees, or expenses related to suspension, interruption, termination or cessation of Client’s or Law Firm’s legal fee-tracking. These Terms and Conditions survive such suspension or termination, and continue in full force and effect, except for any terms that, by their nature, expire or are fully satisfied.
If any clause or provision of these Terms and Conditions shall be held invalid or unenforceable, in whole or in part, in any jurisdiction, such invalidity or unenforceability shall attach only to such clause or provision, or part thereof, and shall not in any manner affect any other clause or provision in any jurisdiction.
All notices under these Terms and Conditions shall be in writing and shall be deemed to be delivered when deposited in the United States Postal Service, postage prepaid, or when sent by e-mail (with proof of electronic delivery). Notices to LeGuard, Inc. shall be addressed to: LeGuard, Inc., 1751 Pinnacle Drive, Suite 1100, McLean, VA 22102 or accounting @leguard.com. Notices to Law Firm shall be sent to the Law Firm address identified in Law Firm’s Manage Account settings.
Complete Agreement; Waiver
These Terms and Conditions constitute the complete and exclusive agreement between Law Firm and LeGuard, Inc. and supersede any and all prior express or implied agreements or understandings between the parties concerning the subject matter of Law Firm’s use of LeGuard. These Terms and Conditions may be modified by LeGuard, Inc. from time to time; such modifications shall be effective upon posting by LeGuard, Inc. on its website and upon written notice to Law Firm.
Any waiver by LeGuard, Inc. of any performance by Law Firm, or of any of LeGuard, Inc.’s rights under these Terms and Conditions, shall not be, and shall not be deemed to be, a waiver of any subsequent obligation of performance, default, or right of the same or similar kind.
Law Firm may not assign any of its rights or obligations under these Terms and Conditions to any third party or entity, and any rights or obligations hereunder may not be involuntarily assigned or assigned by operation of law, without the prior written consent of LeGuard, Inc.
Law Firm represents and warrants that it has the legal power and authority to accept these Terms and Conditions.
1. Information Collected by LeGuard, Inc.
LeGuard, Inc. may collect and store information that can identify Law Firm, its personnel, and its Client(s), by name and email address, as well as other information such as address, telephone number, and other account information. LeGuard, Inc. collects financial information relating to “Matters” that a Law Firm works on and for which the Law Firm bills time to the Client. This information includes budgets and fees accrued by Authorized Billers against both past and current Matters. LeGuard, Inc. may collect this information through the website or the software application. By registering with, and/or using LeGuard, Law Firm authorizes LeGuard, Inc. to gather, synthesize, and retain data related to the provision of LeGuard. LeGuard, Inc. uses various technologies to collect information from Law Firm’s and its Authorized Billers’ devices and about Law Firm activities on LeGuard.
LeGuard, Inc. automatically collects information from Law Firm’s and its Authorized Billers’ browsers or devices when Law Firm and Authorized Users use LeGuard. This information could include an IP address, device ID, browser type and language, the operating system used by the device, access times, a mobile device’s time zone while LeGuard is actively running, and the referring website address.
Law Firm owns and retains all rights, title and interest in the information collected by LeGuard, Inc. through LeGuard. Subject to the limited rights expressly and specifically granted in these Terms and Conditions, LeGuard, Inc. acquires no rights, title or interest from Law Firm under these Terms and Conditions in or to Law Firm’s information collected by LeGuard, Inc. through LeGuard. Law Firm gives LeGuard, Inc. the limited right and license to collect Law Firm’s information via LeGuard and use such information, solely in aggregated form that does not identify Law Firm, any individual or entity, or any specific transaction of Law Firm or any other individual or entity (“Aggregated Data”). For clarification, LeGuard, Inc. will own the aggregated and statistical data derived from the operation of LeGuard that does not reveal the identity, whether directly or indirectly, of any individual or specific data entered by any individual into LeGuard. In no event does the Aggregated Data include any personally identifiable information. LeGuard, Inc. may prepare statistical analyses, reports and summary of usage or provide Aggregated Data to others for, among other reasons and without limitation, the purpose of research, marketing and benchmarking. Nothing herein shall be construed as prohibiting LeGuard, Inc. from utilizing the Aggregated Data for purposes of operating LeGuard, Inc.’s business.
2. Cookies and Use of Cookie Data
When Law Firm and/or its Authorized Billers use LeGuard, LeGuard, Inc. may assign a device one or more cookies to facilitate access to LeGuard and to personalize Law Firm and/or its Authorized Billers’ experience. Through the use of a cookie, LeGuard, Inc. also may automatically collect information about Law Firm’s or its Authorized Billers’ activity on LeGuard.
3. How LeGuard, Inc. Uses the Information Collected
LeGuard, Inc. may use information collected to:
a. Deliver and improve LeGuard products and services, and manage LeGuard, Inc.’s business;
b. Manage Law Firm’s account and provide customer support;
c. Perform research and analysis about Law Firm’s and/or its Authorized Billers’ use of, or interest in, LeGuard, Inc.’s products, services, or content;
d. Communicate with Law Firm or its Authorized Billers by email, postal mail, telephone, and/or mobile devices;
e. Perform website or mobile application analytics;
f. Enforce or exercise any rights in LeGuard, Inc.’s Terms and Conditions; and
g. Perform functions or services as otherwise described to Law Firm or its Authorized Billers at the time of performance.
4. With Whom LeGuard, Inc. Shares Client and Law Firm Information
LeGuard, Inc. may share Client-provided and Law Firm-provided information with service providers such as third parties which perform activities on LeGuard, Inc.’s behalf. These service providers may have access to Client and Law Firm information needed to perform their functions but are not permitted to share or use such information for any other purposes.
LeGuard, Inc. further may be required to share Client and Law Firm information: (1) in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; (2) to establish or exercise legal rights; (3) to defend against legal claims; or (4) as otherwise required by law. In such cases, LeGuard, Inc. may raise or waive any legal objection or right available to it.
LeGuard, Inc. further may disclose Client and Law Firm information when it believes disclosure is appropriate in connection with efforts: (1) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; (2) to protect and defend the rights, property or safety of LeGuard, Inc., Clients, Law Firms, Authorized Billers, employees, or others; (3) to comply with applicable law or cooperate with law enforcement; or (4) to enforce LeGuard, Inc.’s Terms and Conditions, Subscription Agreements, or other agreements or policies.
5. Law Firm’s and Authorized Billers’ Choices about Collection and Use of Information
Law Firm and its Authorized Billers can control information collected by cookies by changing browser settings.
6. How LeGuard, Inc. Protects Client and Law Firm Information
LeGuard, Inc. exercises security measures to help safeguard Client and Law Firm information from unauthorized access and disclosure. However, no system can be completely secure. Therefore, although LeGuard, Inc. takes steps to secure Client and Law Firm information, it does not promise, and Law Firm should not expect, that Client and Law Firm information will always remain secure.