Last Revision: Oct 18, 2019
products and services are provided by Habeas Corp. Systems LLC. These terms and
conditions of use ("Terms") govern your use of Habeas' websites,
products, and services (collectively, the "Services"), so please read
accessing this website or using the Services, you are agreeing to the Terms,
Policy. If you have any questions, please contact us.
use our Services only if you can form a binding contract with Habeas. No use of
the Services is permitted by those under the age of majority in their state of
residence. In no event is use of the Services permitted by those under the age
of 13. If you are using the Services on behalf of any entity, then you are
agreeing to the Terms on behalf of that entity.
our Services does not give you ownership of any intellectual property rights in
our Services or the content you access. Except in the context of browsing or
accessing our Services in accordance with these Terms, you may not use content
from our Services unless you obtain permission from its owner or are otherwise
permitted by law. These Terms do not grant you the right to use any branding or
logos used in our Services. Do not remove, obscure, or alter any legal notices
displayed in or along with our Services.
Information on the services
Services display both Habeas-created content and content that is not
created or developed by Habeas (the "Third Party Information"). We may review third party-content to determine whether
it is illegal or violates our policies, and we may remove or refuse to display
content that we reasonably believe violates our policies or the law. But we do
not routinely screen third-party content that is published via our Services.
respond to notices of alleged copyright infringement and terminate accounts of
repeat infringers according to the process set out in the U.S. Digital
Millennium Copyright Act.
believe that any material on the Site infringes upon any copyright which you
own or control, you may file a DMCA Notice of Alleged Infringement with
Habeas Corp.: email@example.com
our Services allow you to download client software ("Software") which
may update automatically; you agree that these Terms will apply to such
upgrades. So long as you comply with these Terms, we give you a limited,
nonexclusive, nontransferable, revocable license to use the Software, solely to
access the Services.
extent any component of the Software may be offered under an open source
license, we will make that license available to you and the provisions of that
license may expressly override some of these Terms. Unless the following
restrictions are prohibited by law, you agree not to reverse engineer or
decompile the Services, attempt to do so, or assist anyone in doing so.
Limitation of liability
FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HABEAS OR ANY OF ITS
AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS,
EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR
INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES,
RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE
OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR
CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D)
UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HABEAS, AND ITS AFFILIATES,
SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY
MANNER TO THE USE OF THE SERVICES OR SOFTWARE, IS LIMITED TO THE AMOUNT YOU
PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD
PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION
ALSO APPLIES TO PREMIUM SERVICES.
agree to defend, indemnify and hold harmless Habeas, its corporate affiliates,
independent contractors, service providers and consultants, and each of their
respective directors, employees and agents, from and against any claims,
damages, costs, liabilities and expenses (including, but not limited to,
reasonable attorneys' fees) arising out of or related to any User Content you
post, store or otherwise transmit on or through the Services or your use of or
inability to use the Services, including without limitation any actual or
threatened suit, demand or claim arising out of or relating to the User
Content, your conduct, your violation of these Terms or your violation of the
rights of any third party.
may revise these Terms from time to time, on a prospective basis, and we will
always post the most up-to-date version on our website. If we determine, in our
sole discretion, that a modification to these Terms materially affects your
rights, we will notify you (by, for example, sending a message to your account
email). By using or continuing to use or access the Services after any
revisions have come into effect, you agree to be bound by the revised Terms.
Mandatory Arbitration and Dispute Resolution
READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
we never have a dispute, but if we do, you and we agree to try for 60 days to
resolve it informally. You may send us the details of your concern to
firstname.lastname@example.org. However, if Habeas is not able to informally
resolve your complaint, you and Habeas agree to individual binding
arbitration under JAMS Alternative Dispute resolution (“JAMS”) and the
Federal Arbitration Act (“FAA”), and not to sue in court in front of a
judge or jury. The arbitration will be conducted under the JAMS Commercial
Arbitration Rules and the Supplementary Procedures for Consumer Related
Disputes and the arbitrator’s decision will be final except for a limited right
of review under the FAA. The following applies to any arbitration proceedings
between you and Habeas:
moving an unresolved informal dispute into arbitration, you must first send us
a Notice of Dispute describing the nature and basis of the claim or dispute and
the specific relief sought. This notice may be sent via email to: email@example.com.
arbitration must be commenced by filing a demand for arbitration with JAMS within ONE (1) YEAR from when it
first could be filed. Otherwise, it is permanently barred. If applicable law
prohibits a one-year limitation period for asserting claims, any claim must be
asserted within the shortest time period permitted by applicable law.
feasible, the arbitration will be held telephonically unless the arbitrator
finds good cause to hold an in-person hearing instead. You may choose the
location of any in-person hearing from either your county of residence; or, if
you are a business, the county of your principal place of business; or, Habeas'
principal place of business in San Francisco, CA.
enforcement of the arbitrator’s award will be controlled by and conducted in
conformity with the FAA. Judgment upon any award may be entered in any court
our agreement to arbitrate disputes as provided above, the
following EXCEPTIONS will apply to the resolution of disputes between
Claims Court. If the claim qualifies, either you or Habeas may bring an
action in small claims court in King County, WA. Any small claims court action
must be filed within one year from when it first could be filed. Otherwise, the
claim is permanently barred.
relief. Habeas may bring a lawsuit against you in any court of
competent jurisdiction solely for injunctive relief to stop any
unauthorized use or abuse of the Services, or any intellectual property
infringement. In these instances, Habeas may seek injunctive relief
without first engaging in the informal dispute resolution or arbitration
not Covered by Arbitration. In the event that arbitration is found
to be inapplicable or unenforceable for any reason, or if you exercise the
option to opt-out of arbitration as provided below, the claim at issue will be
brought under judicial proceedings in federal or state courts in San Francisco,
CA, and you and Habeas consent to personal jurisdiction and exclusive venue in
to Opt Out of Arbitration. You may opt out of this agreement to
arbitrate. If you do so, neither you nor Habeas can require the other to
participate in an arbitration proceeding. To opt out, you must notify us in
writing within 30 days of the date that you first became subject to the
arbitration provision in these Terms. To opt out you must send us a clear
statement that you want to opt out of arbitration, along with your name,
residence or business address, and the email address associated with your
account to: firstname.lastname@example.org
ACTIONS: You may only bring individual claims. Under no circumstances are you
allowed to bring a claim as a plaintiff or a class member in a class. Class
action lawsuits, class-wide arbitrations, private attorney-general actions, and
any other proceedings where someone acts in a representative capacity are not
allowed. Any combining of individual proceedings must have the consent of all
9. Applicable Law
of the State of New York, excluding its conflict of law provisions, will
apply to any disputes arising out of or relating to these Terms or the
any of these Terms, Habeas reserves the right, without notice and in its sole
discretion, to terminate your license to use the Services, and to block or
prevent your access to and use of the Services. Habeas reserves the right to
refuse service to anyone for any reason at any time. In the event of
termination of access to the Services for any reason, you have no right to
obtain a copy of any data or communications you stored or effected via the
Services, or any other data.
Terms constitute the entire agreement between you and Habeas with respect to
the subject matter of these Terms, and supersede and replace any prior version
of the Terms. These Terms create no third party beneficiary rights.
Waiver, severability, and assignment
Habeas' failure to enforce a provision of these Terms is not
a waiver of its right to do so later. If any provision of these Terms is found
unenforceable, the remaining provisions of the Terms will remain in full effect
and an enforceable Term or Terms will be substituted reflecting our intent as
closely as possible. You may not assign any of your rights under these Terms,
and any attempt to do so will be void. Habeas may assign its rights to any of
its affiliates or subsidiaries, or to any successor in interest of any business
associated with the Services.